Only noc with mothers death certificate is required. No requirement of probate for the same
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.
I have been paying the maintenance bills since her demise even though the bills are still issued in her name. Is this legal on the managements part?
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
- 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 .
No, its not legal on the management part.
File a representation in registrar cooperative Societies office
Make an application for the necessary changes of name. annexed the required documents for the same along with will and probate.
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.
Once the Will is probated, the validity of the Will is confirmed by the Court. As you are the owner of the property.
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