Guidance about name transfer

NAYAN THAKORE (Querist) 24 November 2012 This query is : Resolved
I am leaving in a bungalow in the name of my mother in law, who expired in Sep 2011. Up to 1985 the bungalow had 1100 sq ft constructed area on the ground floor and 440 sq ft area constructed on the first floor. The total constructed area was 1540 sq ft up to 1984. In 1985 I spent Rs 1.8 lakhs and additionally constructed 450 sq ft area (2 rooms and 2 bathrooms) on the first floor. Thus the total constructed area became 1990 sq ft after I constructed the above mentioned 2 rooms and 2 bathrooms.

This was done so that bungalow can be divided into 3 flats, 1 for each sister, one of whom happens to be my wife. The bungalow has been divided as given below amongst the 3 sisters.

(1) The youngest sister has about 770 sq feet area on the Ground floor.
(2) My wife who is the middle sister has about 670 sq feet area on the First Floor
(3) The eldest sister has 550 sq feet area (330 sq feet on the Ground Floor and 220 sq feet on the First floor.

The mother when she was alive, that is till Sep 2011, used to stay with the youngest sister. The youngest and the eldest sisters got their flats ready made while I invested the amount stated above in 1985; I only got 220 sq feet readymade.

There is agreement , between the sisters , on stamp paper, prepared by a lawyer that I have spent the above mentioned amount for the stated purpose. The agreement is in my wife’s name and my name is not mentioned anywhere in the agreement. The agreement also states that the property be divided between the 3 sisters in the manner of the area they are presently occupying as stated above

Presently the building is structurally strong and can be certified by civil engineers and there is no talk of redevelopment.
The plot and the building are presently in the name of the mother in law.
However the 3 sisters are the nominees so the plot will be transferred to their names. Will the building also automatically go to their names

MY QUERIES ARE AS FOLLOWS

(1) THE 2 ROOMS AND 2 BATHROOMS WHICH I CONSTRUCTED CAN BE IN MY NAME AND THE REMAINING PORTION OF THE AREA WHICH I AM OCCUPYING REMAINS IN MY WIFE’S NAME. PLOT REMAINS IN THE NAMES OF THE 3 SISTERS
(2) (A) CAN I BRING A STAY ORDER AGAINST REDEVELOPMENT IF THE 3 SISTERS INSIST ON REDEVELOPMENT ?
(B) ONLY MY WIFE CAN BRING STAYORDER AGAINST REDEVELOPMENT SINCE HER NAME IS THERE ON THE AGREEMENT
(3) CAN YOU GUIDE REGARDING PROCEDURE TO BE FOLLOWED REGARDING DIVISION OF PROPERTY AMONGST THE 3 SISTERS

Thanks and await an early reply

Follow Query

Report Abuse

ajay sethi (Expert) 25 November 2012
yoiou have no right on said bungalow . on your mother in laws death the 3 daughters would be the legal heirs . each daughter would have 1/3rd share in the bungalow

you cnnaot bring any stay order against redevelopment of property . your wife consent would be necessary for redevelopment .

V R SHROFF (Expert) 25 November 2012
U have no right in property of your MIL.

Only your wife can get Stay, and extra area on basis of Agreement and expenses incurred in construction of extra area.

Only 3 daughter have to decide mutually, as it is their property.