I have one querry. Giving with example. Please advise. M = mother have 5 children A, B, C sons and D and E daughters. All five are married. One flat in M name registered. M died due to natural death and prepared Will which is not registered and mentioned after her death her property ( one flat )to be distribute among 3 sons equally. Can bases of WILL and indemnity bond alongwith NOC of both doughter share certificate of the flat can be transfer to 3 son ( A,B,and C ) If son of A is interested to buy the same flat then what is the procedure. ( whereas A,B and C are ready to sell the same flat to son Of A ) M = widow mother No other legal heir apart from her son and daughter. what is the procedure to get the shares transferd from society among s 3 son. Any other way apart from probat
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Flat can be transferred in name of 3 sons on basis of NOC by daughters ,indemnity bond and the will
2) it is better sisters execute relinquishment deed or gift deed in brothers favour as you dont want to apply for probate of will
3)after transfer of shares the sons can sell the flat to whomsoever they desire
4)the problem would be society would insist on probate as mother left a will and in Bombay probate is mandatory for Hindus
As per the Will the property shall devolve on her three sons and if the other two heirs namely two daughters express their no objection to enforce the will, the three beneficiaries can get the property transferred to their names or all the other legal heirs would like to relinquish their rights in the property in favor of A then they may execute a registered release deed in his favor.
With this the proposed heir can become an absolute owner of the property.
