• Transfer of flat in a co-op society after the death ;of father

I am in the management of a co-op society in Delhi. Last year one of the member died and as per his will, his youngest son wants to get the flat allotted to his father to be transferred in his name.The deceased has left behind his wife, -3- sons and one daughter. Pl guide what documents should the management ask to save their skin at a later date in case of any dispute ;among the alive family members in respect of the said society flat
Asked 8 years ago in Property Law
Religion: Hindu

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3 Answers

1) ask the benficary of father will to execute indemnity bond to indemnify society in case any claims are made by other legal heirs

2) you can request the younger son to apply for probate of will

3) probate is judicvial proof that will is genuine

4) if no objections are received from other legal heirs probate would be granted nby the HC

Ajay Sethi
Advocate, Mumbai
98874 Answers
8043 Consultations

society can call upon younger brother to obtain probate of the will

Ajay Sethi
Advocate, Mumbai
98874 Answers
8043 Consultations

The society can demand legal heirship certificate, NOC from other heirs, indemnity bond from the claimant to indemnify the society in the event of any legal issue or court case agaisnt the society by any other third person having vested interest in the property, death certificate of the deceased, copy of will( if necessary copy of probate of will ), any other document that wold conform to the local rules.

T Kalaiselvan
Advocate, Vellore
89072 Answers
2429 Consultations

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