Padmanabhan
In our neighboring society peculiar case of non transfer of flat to nominee/beneficiaries of will is pending more than 12 years. The previous managing committee during the said period had not enough care to resolve the issue and now when the building is under the negotiation of redevelopment ,the developer is making side- negotiation/understanding with one of residents ( elder son) without involving society so that he is work is not hampered or taking society for a ride.
The gist of the case:-
Owner (lady) died in 2002. She has made nomination in 1980(at the time of purchase) in the name of two sons and one daughter leaving elder daughter. The two sons are staying in flats.
The team of the flat fight is two daughters and one son VS elder son. Elder son pay the society more or less regularly since his mothers demise.
When the lady died, the committee of that time had not taken steps for transmission within 6 months and the nominee/s were also not made any efforts. The matter was in cold storage.
When in Oct 2009 one committee member took the issue with second son, the daughters/son submitted a letter along xeorx copy of will in Gujarat made in Sept 1993.The will is unregistered.( Till then it appears that MC was not aware of existence of will)
As per the will, the one of daughter (whose name is not included in the nomination form)(elder daughter) is executor along with her uncle (brother of deceased )
Though the will containing details of all properties, with reference flat in our society it states that she had bequeathed the flat to all four children in equal share and flat cannot be sold without consent/signature of all four children. Dispute if any cropped for the sake of flat the responsibility of resolving lies with uncle (one of executors)
In order to clear the stalemate the present MC told all the four persons (legal heirs) at least transfer the interest of flat in their name with equal share so that present uncertainty can be cleared .But the daughters are refusing to co-operate. The present MC met the uncle (one of the executor) requested him to resolve the issue but nothing materialized till date.
In fact when discussed with the secretary of society he said that MC is totally confused since the legal heirs are not settling matter and putting society into difficulty.
Now I would like to have views/opinion on:-
1)Whether Will is a perpetual or any limitation period is applicable
2)What is execution –whether disclosure of details of will to beneficiaries after the demise of testers or execution is incomplete if probate or letter of administration is not obtained ( In present case, it also transpires that probate is not obtained since none of beneficiaries is ready spend money on the matter and executor/s also not taken interest.) If probate is not taken whether will is invalid. Whether taking probate is must in Mumbai/Maharashtra.
3)Secretary of society claims that executor cannot be beneficiary. But in this case one of executor is beneficiary. One of MC member claims that executor can beneficiary also. Which is correct? If not then will itself invalid.
4)It may be complicated a matter, but I am bringing to your attention throw some light on the matter.
I C Naik
Society managements are not expected to address the complexities of heritance will etc. When a nomination is having any doubt the only option is to ask who so ever claims ownership to get a probate as a evidence of his right to be admitted to membership. The concerned claimants have to sort out the complexities themselves and through court preferably.
