• Inherited property via will

Hello.
My mother who passed away 5 years ago left me an apartment via will. My parents had acquired the flat in 1998. The will is registered, probate and mutation has been done. The building refuses to give the maintenance bill in my name, they continue to give it in my mothers name. They are asking me for NOC,s from my 2 brothers and petition of probate. Is this legal? If it is my mothers self acquired property, shouldn’t her will be the deciding factor? Thank you.
Asked 3 years ago in Property Law
Religion: Hindu

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24 Answers

Only  noc with mothers death certificate is required. No requirement of probate for the same

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

You need to transfer her name. Society does such stupid act in many cases. 

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

Yes that is true. The probate has been done then there should be no problem at all.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Probate copy should be given to them. 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. Perhaps it was initially owned by your father and on his intestate death, your mother's name was shown as Owner of the property in the revenue records.

2.  Assuming that the above explanation is the fact, then on the intestate death of your father, the entitlement to share in the property devolves equally to your mother and her children. In the instant case to mother and 3 sons ( assuming that apart from 2 brothers,  there are no other brothers and sisters ), i.e., 1/4th share each legal heir is entitled to.

3.  So in the above situation, your mother's share was limited to 1/4th share and she could have bequeathed her entire 1/4th share to you through WILL but not the entire 100%, when your other siblings have equal share in the property on par with you. 

4.  In view of your 2 siblings' share in the property, convince your 2 brothers' by giving them their respective shares or voluntarily if the 2 brothers relinquish their share in the property in your favour, let your siblings execute a registered Release Deed in your favour in the jurisdictional Sub Registrar's Office, so that you will become Absolute Owner of the apartment.

5. Armed with your parents' death certificate, WILL, a copy of Release Deed executed by your siblings in your favour, apply for mutation of your name as absolute owner in the revenue records maintained by jurisdictional Corporation/Municipal Office and thereafter submit the reference letter to the authorities/association of Flat owners, to resolve the issue.

Shashidhar S. Sastry
Advocate, Bangalore
5133 Answers
314 Consultations

5.0 on 5.0

Probate is judicial proof that will is genuine 

 

2) furnish certified copy of probate 

 

3) inform the society that noc from legal heirs is not required because at time of filing petition notice was issued to other legal heirs 

 

4) since they did not have objections probate was granted

Ajay Sethi
Advocate, Mumbai
94822 Answers
7559 Consultations

5.0 on 5.0

Society is bound to raise bills in your name transfer flat in your name 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7559 Consultations

5.0 on 5.0

Yes, it is.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

If probation is done and WILL is registered, plus all mutation papers are there than no issue at all. 

 

You can make a written complaint to sub register of co-operative housing society of your area. 

 

And send one Legal Notice to society for contempt of court order means probate, NOC is not require from the brothers, if it's straight forward WILL, need to check whether it's conditional WILL. 

 

Need to review your both WILL and probate papers than we mat come to conclusion. 

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

1. If the Will is Probated you are obliged to share its copy so the concerned person understands that NOC of other legal heirs is not necessary for Mutation. 

2. Therefore there is nothing wrong if it asks for it.

3. So there is no point in making fuss over it and share what they are asking.  It's absolutely logical and justified on their part. 

Devajyoti Barman
Advocate, Kolkata
22840 Answers
490 Consultations

5.0 on 5.0

Dear Sir/Madam,

It is suggested that whatever the management is doing is wrong and you may present the probate case and mutation on your name to satisfy their ego. If they are not satisfied by that also, complaint against them to the registrar of the society. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. See submit a copy of the will along the court order requesting name change of the member in the society if they still refuse on your application file a complaint before Registrar of Societies. For society after will and probate no NOC is required. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You may file an application after same may issue a notice if on notice also they are not considering it file a complaint. 


You may file an application after same may issue a notice if on notice also they are not considering it file a complaint. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If her Will has been probated, then the society has no business to ask for NOC from other legal heirs becasue it is the court which would inquire about the legal heirs and their objection before grant of probate.

You first enclose the copy of the probate of Will along with the death certificate to your application to transfer the property to your name, if the association is still insisting the completion of such formalities, you may issue a legal notice questioning their authority for demanding the irrelevant things.

After that you can drag the association to the consumer forum for deficiency in service.

 

T Kalaiselvan
Advocate, Vellore
85023 Answers
2208 Consultations

5.0 on 5.0

You have been advise to resort to legal action against this aggrieved acts of the association.

Once you issue a legal notice, they will come on line, but you may choose an expert advocate to issue a legal notice very strongly so that the association do not find any answer to your questions and will run to serve you.

T Kalaiselvan
Advocate, Vellore
85023 Answers
2208 Consultations

5.0 on 5.0

Let it issue in mother name. No issue. Your owrnship is intact and you are sole owner. Or obtain order from court to direct issue of MC receipt in your name.

Yogendra Singh Rajawat
Advocate, Jaipur
22662 Answers
31 Consultations

4.4 on 5.0

Dear Client,

On the basis of the will, you have become Legal Owner of the Property. They can not issue the matter. You show them all the documents. if you mother had not made a will then the property will be divided among all the children.  

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

4.8 on 5.0

- Since the said WILL has already probated from the court of law, then the NOC from your brothers or other legal heirs are not required .

- The building society is not having any legal power or authority to dictate its rules . 

- Submit the probate order before the management  with an application to transfer the maintenance bill in your name .- If refused , then send a legal notice . 

Mohammed Shahzad
Advocate, Delhi
13273 Answers
198 Consultations

5.0 on 5.0

No, its not legal on the management part.

File a representation in registrar cooperative Societies office 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Make an application for the necessary changes of name. annexed the required documents for the same along with will and probate.

Sanjeev Gupta
Advocate, Delhi
117 Answers
1 Consultation

5.0 on 5.0

1. Yes you need to provide one of two documents asked by society to transfer the flat on your name that is either NOC from other siblings or order to probate the will.

2. Yes will is deciding factor but you need to prove that will is genuine.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Once the Will is probated, the validity of the Will is confirmed by the Court. As you are the owner of the property. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

the cooperative society bound to transfer. if refuse, you can approach court. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. if a probate has been granted to the Will of the deceased mother, then the apartment will be mutated in the name of the executor named in the Will

2. if there is no executor named in the Will then it will be mutated in the name of the administrator who has been appointed by the Court

3. if the executor or administrator is the same as the legatee to whom the apartment is bequeathed, then such legatee will need a registered transfer deed in his/her favour, with other legal heirs joining in such transfer deed as confirming parties, to enable the society to mutated the premises in the name of the transferee stated in the transfer deed

4. so the society is correct in making the demand as stated in your query

5. mere paying maintenance does not mean that the person is accepted as member of the society 

Yusuf Rampurawala
Advocate, Mumbai
7523 Answers
79 Consultations

5.0 on 5.0

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