Property transfer to be stopped as brother not giving others share due

Flat in the name of my grandfather , as per his will 3 brothers should get the flat and not the sister ; two brother are no longer alive The alive brother has submitted an indemnity bond and a publication in news paper that he is the only heir and has submitted the same to the society to transfer the flat in his name .. How do the legal heir i.e two wife' of the two deceased brother stop the transfer of flat and ensure that their names are also put in the flat which is getting transferred in the upcoming society AGM .. What case should we file so that all can get equal ownership

Answers (3)

113 votes

The legal heirs should approach the co-operative housing society claim their rights over the property. Also, ensure that probate has been obtained for the will.
The society is required to publish a public notice inviting claims for the property to be transferred. The legal heirs claim should be made within the time stipulated in such notice. Also, you should verify whether any nomination with respect to the property has been made or not.

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67 votes

As both legal heirs are no more and if will is executed and property has been transfered in the name of legal heirs after their death their legal heir will step in the shoes of deceased they can stop the transfer of the flat

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270 votes

challenge the said transfer, wherein stating the facts, that, pursuant to the Will _______ dated, the said Flat required to be transfer in to the name three son's name (1) ____________ (2) ___________ and (3) _______________.
But very unfortunate event occurred and out of three two son's of the deceased expired.
Therefore the said Flat required to be transferred into the name of ____________________ and also in the name of the other legal heirs and/or widow of the deceased.
Even though the Flat is transferred in the name of sole surviving legal heir's and/or beneficiary of the Will. The said Flat transferred in the name of such person, is only hold to be as trustee for other legal heirs.
You are advised to file partition Suit in the perspective of the transfer/declaration of the surviving beneficiary of the deceased property.
Further you are required to file criminal complaint for giving false information on oath, about surviving legal heirs. U/s. 183, 191 of IPC.

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