1. you first need to check whether or not this property is subject to the provisions of the Public Premises Act since originally the building was meant for occupation by the staff of SBI 

2. ideally on the demise of the original shareholder, the society ought to have requisitioned an heirship certificate or a letters of administration to be produced by the widow of the deceased shareholder, before transferring the shares to her name

3. however such an application as above cannot be made now since the widow is no more. the aforesaid would have ensured that apart from the widow there are no other claimants claiming any right over the flat

4. the widow died testate by leaving behind a registered Will

5. the Will ought to be probated. even though there has been no claim since after the widow's demise, a probated Will would ensure that the widow really intended her flat to go to her sister and BIL, as a probate grant is a certificate by the Court that the Will is genuine and is made as per law

6. please note that just because the Will is a registered one, that alone would not support its authenticity and genuineness. even a registered Will has to pass the muster of the law just like a non-registered Will

7. it does not matter that the shares are already transferred to the beneficiaries of the Will. In absence of a probate grant, such transfer still remains questionable and is amenable to be set aside in future

8. so it would be in your interest that you tell the seller to first have the Will duly probated and only thereafter it would be safe to proceed with the transaction

9. the probate grant is also necessary from the future's perspective since any buyer of yours would obviously ask for probate 

10. as regards the earlier transfer in favour of the widow, you will have to issue a public notice and invite objections and claims

11. to repeat, do first also check how this property became a private property owned by a co-operative housing society when originally it was owned [i assume] by the government, as the old premises were allotted to the SBI staff 

1. As per judgment of SC in Indrani’s case, a nominee is legal heir to property.
2. No probate is required in case there is nominee to the
3. As you are purchasing from nominees you will not have any problems from relatives of your vendors. Further, property is bequeathed to them hence it is their self acquired
4. You chain of tiled is clear.

Nominee is nobly trustee for legal heirs 

2) probate is mandatory in bombay for Hindus 

3) insist on probate of will 

4) don’t purchase flat unless  probate is obtained 

5) you will have problems in resale of flat 

- As per Hindu Succession Act , after the demise of childless man , his property would be devolved upon his wife and mother , and if absence of mother ,it will go to  his father, and his siblings and in their absence to his remote relatives.

- Hence, you should ask for the Probate of that Will , and only a Will is not perfect for buying the property even the society has transferred the shares in their names. 

Mere nomination does not confer any ownership right and nominee is bound to distribute the received property and assets to all legal heirs of deceased. So transfer of share by society in the name of nominated sister and brother in law is not proper nor is justified and can be challenged. 

1. No. Ascertain the legal position and ask for details of legal heirs of original deceased owner.  

2. Yes, probate is necessary to obtain probate. With obtaining probate WILL cannot be enforced. 

3. Consult with detail.

4. Yes. Your title is defective if property is purchased without completing certain formalities. 

Nominee in the society share certificate cannot claim title to the proeprty, they are just trustee to receive the property on behalf of the legal heirs of the deceased.

Since the wife has transferred the property by a testamentary disposition i.e., a Will, and as it is mandatory to obtain probate of the Will in Mumbai, you may insist on the probate of Will so that the seller acquires a clear and valid title to sell the property.

You may obtain a legal opinion and proceed only if recommended.

nominee is only trustee for legal heirs 

2) society has transferred flat on basis of nomination form 

3)mere transfer in share certificate does not make them owner of flat 

4) you can issue public notice if you so desire 

5) you can show to buyers endorsements made in share certificate 

Neither the society nor the developer is an authority to confer title of the property  to the nominee of the owner  and they cannot violate the law of the land.

The law of land is clear that the nominee is just a trustee to receive the dist tribute the property to the legal heirs of the deceased owner. 

If there is a Will benefiting the beneficiaries then the beneficiaries can get a probate of Will before they proceed to sell because it is mandatory to obtain probate of Will in Bombay.

The sister is not a class I legal heir to her deceased sister and also they cannot be considered as blood relatives. 

The transfer of share certificate by  the society will not confer title to the immovable property on the share holder.

You were advised to obtain a proper legal opinion from an expert lawyer in the local and proceed only if recommended

1,2 & 3 - whatever may have been stated in the Will regarding the power of disposal, but first it has to be proved that the Will is GENUINE. For that probate is needed. What if the Will is made up or concocted? 

It is settled law that mere transfer of shares to the nominees does not make them the owner of the flat. The nominees merely hold the property as trustees for the actual claimants or legal heirs of the deceased member. 

4 - as informed the transfer of shares from husband to wife was required to be preceded by an heirship certificate or letter of administration obtained by the widow from the High Court. That was not done. That is why the suggestion to give public notice in newspapers to invite objections and claims, if any. 

the widow made a Will by which she made a bequest of her flat to her younger sister and the latter's husband. So it does not matter whether these two persons are class 1 heirs or belong to any other class. The succession to the flat will take place by testamentary succession and NOT intestate succession, provided the Will is proved as genuine and probate obtained

5. give in FPJ [English] and Navshakti [Marathi]. Even if no claims are received, that would not dispense with the requirement of obtaining a probate grant for proving the Will. 

6. obviously they will ask for something more than the share certificates! 

7. noted. so i assume the property is governed by the societies act, 1960

- Yes, you can publish a notice in the newspaper for inviting claim if any 

Dear client,

1. Probate Requirement: In India, obtaining a probate for a will is not mandatory, but it can be beneficial to establish the authenticity of the will. However, the absence of a probate may lead to challenges or disputes regarding the property title. In some cases, the society or authorities might insist on a probate to verify the legitimacy of the will.

2. Legal Safeguards in Agreement: Ensure that the sale agreement includes clauses that protect you in case of any future disputes or claims arising from the property's title. You may consider indemnity clauses that protect you against losses due to any third-party claims regarding the property's ownership.

3. Resale Concerns: When selling the property in the future, potential buyers may indeed inquire about the chain of ownership and the legitimacy of the title. Having a clear and documented history, including the share certificates and legal endorsements, could help establish the legitimacy of your ownership.

4. Transfer of Title: The transfer of shares and chain of agreements between the original owner, the widow, and her nominated sister and brother-in-law seems legally sound, given the absence of other legal heirs. However, this can vary based on specific nuances of Indian property law and individual case circumstances.

5. Publication for Claims: Advertising in newspapers to invite any potential claims on the property's title is a good proactive step. If no claims arise within the specified period, it can provide some reassurance regarding the absence of competing claims. However, it might not entirely eliminate potential future legal challenges.

6. Documentation for Reselling: Showing the transfer of share certificates and appropriate endorsements to prospective buyers during a resale is a reasonable practice. This helps establish the legitimacy of the ownership transfer.

7. Property Background: Understanding the property's origin as an SBI Officers' quarters, though not directly related to the legal aspects, can be important for transparency and providing a complete picture to potential buyers in the future.

You can reach out to us for further assistance