Query from Vinay Baba Mahamunkar

I have some query regarding transfer of share certificate in a housing society. My friend’s father had purchased a flat in a co-operative hsg. Soc. in the name of his wife i.e my friend’s mother name. His mother was house wife, His father paid all the loan amount and dues to the society till he was alive.

The share certificate was in the name of his mother. Now his mother also expired. However, before death she made a registered will giving that flat to his other son who was staying with her. After the death of his mother, the society without taking consent from the other legal heirs transferred the share certificate in the name of his brother. As the society told that his mother had made a will.

My question is that the mother had not purchased the property. Whether she had power to make a will?

I C Naik

 VINAYAK BABA MAHANUKAR has raised a query regarding transfer of share certificate in a housing society. The Society acting upon A woman’s WILL in favour of his son transferred her shares to her son the sole beneficiary of the WILL. This is in order. She had also included in her WILL the flat purchased by her husband in her name with money given as loan by him. The Society’s action is in order. If there is any claimant for the flat he she should approach competent court for a decree in favor taking help of an advocate.

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