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Transfer of Property
02-Sep-2023 (In Wills / Trusts Law)
My mother and I were joint holders of flat in Mumbai. First being her name. She expired leaving a Will in my father's name for her 50% shares. I m the only child.
The Will is not probated and the society is insisting on having the same done. Neither my father nor me have any objections on having the flat in each other's name. What are my options if we do not want to have the Will probated. As I have understood it take quite sometime and money. .Can my father give an indemnity giving NOC on having the flat transferred in my name. Or can I vice-versa.
According to section 30 of the Maharastra Co-operative Societies Act, 1960, the society should transfer the shares/interest in the property to the person who was nominated by the deceased member. If you or your father were nominated by your mother then transfer of shares should happen according to the said nomination. In case of absence of such a nomination, the society shall invite claims and objections to the proposed transfer to a legal heir ( in this case you and your father equally according to the intestate succession laws) through a public notice exhibited in its office. The society will transfer the shares after considering the claims and objections. Thus, transfer of shares without getting a probate of the will is possible.
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Adv. Ananya Gupta
Mumbai | 25+ Answers
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Sir,
As your property i.e.flat situate in Mumbai which is metropolitan area and further the Will has been executed by mother as per provisions Petitioner who has acquired the rights, authority and interest by virtue of Will has to seek Probate Certificate in order to perform or to comply her desire and directions as stated in the Will by exercising general powers conferred under PETITION UNDER PART IX OF INDIAN SUCCESSION ACT, 1925 FOR GRANT OF PROBATE. It can be decided within six months and its not waste of money.
As your property i.e.flat situate in Mumbai which is metropolitan area and further the Will has been executed by mother as per provisions Petitioner who has acquired the rights, authority and interest by virtue of Will has to seek Probate Certificate in order to perform or to comply her desire and directions as stated in the Will by exercising general powers conferred under PETITION UNDER PART IX OF INDIAN SUCCESSION ACT, 1925 FOR GRANT OF PROBATE. It can be decided within six months and its not waste of money.
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