Name transfer of mhada property
Mohsin Shaikh
(Querist) 23 April 2017
This query is : Resolved
hi
my father was having flat at MHADA colony Mumbai. it is 35 years old property. currently we are staying at this flat.we are two brothers and a mother.
our issue is, my elder brother is totally careless. not involving any matter of our family. nor even property expenses. on the other hand, i was totally involve in all matters, all expenses etc. even when my father was hospitalized, he was not even interested in paying hospital bills, not even was interested giving moral support to my father and mother.
because of all his attitude and behavior my father was planning to gift his property to his younger son, i.e. me and my mother also wants the same. but now situation is changed. my father is no more and he did not write any letter or will. now we are planning to transfer this property to mothers name. for doing this our (mine and my brother's) NOC is needed. my brother is aware of the situation, ie if the flat is transfered to mother's name, she can gift the flat to younger one, as planned by our father.
now he is not giving NOC. and asking to transfer at our name but not in mother's name.
is there any wayout to solve this matter in legal way.
regards
P. Venu
(Expert) 24 April 2017
Presently, the property is vested with the mother and all the siblings. Rights and interests of your brother cannot be wished away.
Guest
(Expert) 24 April 2017
No, your brother has right on flat now.
He can waive the right only by doing release deed or gift deed ,you can not deprive his right legally now.
Kumar Doab
(Expert) 24 April 2017
It is matter of inheritance as per personnel law that applies in your case.
The legal heirs can not be forced to give up his/her share.
Instead of letting the dispute be out and come in knowledge of everyone: Let the property be transferred to each legal heir.
Your mother can enjoy her share and dispose it as per sweet will.
Kumar Doab
(Expert) 25 April 2017
Thanks for agreeing Ushaji.
krishna mohan
(Expert) 28 April 2017
Being a flat dividing will be difficult. Hence with the help of your mother you can attempt for settlement to compensate his portion as in any case your mother is willing to transfer her right to you. You may take the help of an able lawyer expert on property matters be a Conciliator to formalize the transaction with the force of law.
