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Transfer of Property in the Nominee Name .
25-May-2023 (In Property Law)
My Grandfather has office premises in Mumbai, which is in his name.My Grand Father before his death has nominated my father as 100% legal owner of the property. This has been accepted by the Society. In my Grandfathers WILL It is also mentioned that that the said property can be transferred to my fathers name.My Fathers sister has also given an NOC for thisWhat is the procedure to transfer the said premises in my fathers name. The Manager was insisting of getting the probate. But as I am having the WILL, the NOC and the nomination acceptance from the society then why is the use of the ProbatePlease let me know the legal procedure.
probate rules are different from that of a nomination. probate is allowed and granted in metropolitan cities including Mumbai. however in your case it's not necessary as the nomination of your father is done by your grandfather during his lifetime hence the society need not ask you to get a probate of the will which is absolutely unnecessary. the society must follow it's guidelines as per MCS act which stipulates and recognises nominations and the nominee and the society cannot reject your application to enter your father's name and it's unlawful. i would suggest to talk some sense to the society's administration if they do not listen issue legal notice and complaint to the society registrar office.
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Adv. Clerence Pereira
Pune | 25+ Answers
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nominee is not the owner of the property. if there is a will then u have to secure a probate for the same. in case u don't wish to get a probate then u need to get a succession certificate or letter of administration for the said property by seeking an noc from your aunty. u can call me in case of further assistance.
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Adv. Jenal Bharat Busa
Mumbai | 100+ Answers
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