Responsibility of vacant house

Guest (Querist) 25 September 2013 This query is : Resolved
We are a family of 3 brothers and 1 sister.In 1985, we purchased a flat in Mumbai in my parents name and they nominated my brothers B2 and B3 50% each for this flat.

I, B1, have been staying in this flat since the time of purchase and paying all society outgoings.In 2006,I relocated from Mumbai, the flat is locked and lying vacant since 7 yrs. I continue to pay Society dues till date. In the meanwhile, we noticed severe water leakage into the flat. Society and flat owner from whose house leakage occurs refuse to cooperate.

I realise my stake in this property is limited to 25% inheritance, while I continue to pay / am held liable for 100% Society Dues, incl Repairs etc, while the other 3 siblings (incl the 2 nominees) simply don’t care. Our parents are no more and B2 and B3 have not even submitted the application to the Society for transfer of title.

Am I solely responsible towards maintenance of the house?

Should I continue to pay the outgoings even though I don't live there? Whom does the society hold liable if nobody pays?

Should I inform the Society to henceforth correspond with the nominees B2, B3 who reside in Mumbai and are simply washing their hands off the entire scenario?

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Raj Kumar Makkad (Expert) 25 September 2013
You need to file legal heirship certificate of your deceased parents so that the society may incorporate it in its documents and only thereafter the notice may be sent to the share-holders a you desire. You can also serve a legal notice to your brothers to contribute their shares otherwise society can also resume the property.