Asked in Property
You are to send a letter to the managing committee and mention your story
Dear client, Based on the information provided, it appears that your mother-in-law has followed the required procedures to become a member of the society and claim the flat as the sole nominee and beneficiary under your father-in-law's will. The society has admitted her as a nominee member and she is entitled to the flat as per the provisions of the will. Regarding the requirement of probating the will, it seems that as per Section 115 B 13 and the first provision of the Maharashtra Cooperative Society Act, there is no mention of the will or testamentary document needing to be probated for admission as a member of the society. Moreover, Section 213 of the Indian Succession Act requires a will to be probated only where the right of the person is to be established in court, and not otherwise. However, it is recommended that you seek legal advice to ensure that all legal requirements have been fulfilled and to avoid any future disputes or challenges.
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