Ownership of flat
RAVINDRA SINGH
(Querist) 20 February 2017
This query is : Resolved
My father was the owner of a flat in a co operative housing society in Mumbai.
My father had submitted an application for transfer of flat in my name.
My father died before the flat was transfered in my name.a
A
After his death the flat was transfered in the name of my mother by the society, disregarding the application for transfer of flat in my name which was signed nd submitted before the death of my father.
Later, my mother transfered the flat in my name 15 years ago by a registered deed
Since that time i am lIving in this flat. All documents aqqnd share certificates are in my name.
Can my brothers and sisters demand a share in the flat now?
Kumar Doab
(Expert) 20 February 2017
Are you all covered by Hindu Succession Laws?
Confirm!
Kumar Doab
(Expert) 20 February 2017
What was this transfer application filed by your father? Was it nomination?
On the strength of which documents society transferred Flat in your mother's name alone?
Were these transfer of shares to Nominee or Flat?
Generically speaking: if it was Nomination, then nomination in society is not a parallel route to succession.
In such case all ClassI legal heirs i.e/; mother, wife, sons,daughters should have equal right.
Advocate M.Bhadra
(Expert) 20 February 2017
It is presume that you are Hindu and you shall govern by Hindu Succession Act.After your father's death-- you, your mother and your brother have equal right of the property. So your mother can not transfer your brother's share, she can transfer her share only. Now your brother can claim his share.
Rajendra K Goyal
(Expert) 20 February 2017
In whose name the flat was?
Whether your mother was a nominee in the flat?
What application was submitted by your father, how he wanted to get it transferred in your name i.e. after sale deed or gift deed?
If no gift / sale deed was executed by your father before applying for transfer, your claim as per application is difficult to sustain.
Adv. Yogen Kakade
(Expert) 21 February 2017
Have some courtesy to answer the questions asked by the experts.
Kumar Doab
(Expert) 21 February 2017
Agreed with Mr. Yogen Kakade.
Agreed with points raised by Mr. Rajendra K Goyal.
Posting Agreement encourages everyone.
Kumar Doab
(Expert) 21 February 2017
The agreement of anyone with anyone is neither touting nor sycophancy as being professed by @ P.S.Dhingra.
He himself has been seeking and pressing for agreements.
If someone disagrees with him then he starts stalking, attacking and abusing.
