A Will Should Be Probated In Court

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: My father had built a house in a co-operative society in 1971. My mother as the sole nominee. Since then, we have been living here.

My father in his last will had stipulated that my mother during her lifetime shall enjoy the property absolutely, but she would not have rights of sale, mortgage or creating any other kind of lien over it. However, she was entitled to rent the property to meet her needs. Upon her demise, the ground floor pre-mises would absolutely belong to my brother and I would acquire full ownership of the first floor premises and the terrace areas.

Based on this will my mother wrote to the co-operative society to substitute my father’s name with that of my brother and myself as the co-owners of the property. However, the co-operative society have regretted its inability to comply in the absence of a succession certificate or a letter of administration. They have, however, stated that they would have no objection in substituting my father’s name with that of our mother provided the sons file a no objection certificate in the approved format duly sworn before an oath commissioner.

How can the society refuse to comply with my mother’s request when it is in conformity with our late father’s last will and testament?

—Sudhir Gupta, Guwahati

Your mother is your father’s nominee on record. The co-operative society without getting involved with the contents of the will can transfer the property in their records in the name of the nominee provided the death certificate of the erstwhile member is produced.

But a nominee does not automatically acquire ownership rights of the property. The will has to be probated through a court of law and the court will issue letters of probate and administration in respect of the properties. The cooperative society will then be bound by the directions of the court.

While the will empowers your mother to rent a part of the premises for a limited period of time and enjoy the income thereof, she can not disturb the distribution of the property following her demise by executing a will of her own which would be contradictory to your father’s will.