Dispute legal or not to legal
Raviraj
(Querist) 12 May 2010
This query is : Resolved
Dear All,
My Father has expired in Jan 2010, leaving no will. After his death my elder brother and sister both are married and living in different city (They are not staying with us) has given their concern on the stamp paper to our co-op. housing society that to transfer the flat on my name which was purchased by our late father and our society has transferred it on my name.
Our building was almost 50 years old so now it has gone into redevelopment and we have signed MOU with the builder. Builder has agreed to give me a new flat with 30% additional FSI on the present area in the same building after two years of redevelopment. He has also agreed to give me corpus amount of 15lakh.
Now my brother and sister have asked for their claim. They are threatening me to do a court case on me as according to them,
1) They have never mentioned on that document given to society that they have relinquished their claim or right from this property. They have just given their concern to transfer the flat on my name so that society can issue maintenance bill, and day to day activities on my name.
2) They are also telling me that society has no right to decide the legal right and share of the legal heirs.
Now my questions are:-
1) Can they still claim for their share / right in the said property?
2) As they are not staying with me and are not the member of the society so do they have right to get share after redevelopment?
3) I am ready to go to court if chance is there that decision of court will be in my favor and I am also ready to settle the matter with them. What will you suggest??
adv. rajeev ( rajoo )
(Expert) 12 May 2010
after the death of your father your brother and sister can claim their share in the property.
You could have taken regd., rights relinquish deed in favour of you, instead of cosnent to transfer the prop., in your name on the stamp paper. Mere transfer does create tittle over the property.
Any immoveable property more than Rs.100/- transferred it requires compulsory regn., u/s 17 of the indian regn., act.
Raviraj
(Querist) 12 May 2010
Dear Mr.Rajeev,
Firt of all thanks for your eairly reply. I would to add that my brother's and my sister's intention was good at the time when they have given us their concern to transfer the flat. Now as they came to know that that flat has feched such huge corpus so now they are fighting.
As after redevlopment of he building the maintanance cost will rise 4 times and i also have one daughter to be married and my monthly income not so good. o i will be unable to pay the maintanance of new flat later.
I would also like you to help me out in this, let say iof they will go to court then whose cane will be much stronger i mean whose chances are there to win???
Raviraj
(Querist) 12 May 2010
I would also like other experts to comment on this. As they also told me that if we will go to court we will ask for our share in each and every things of my father ie his cash in bank.
What should be my further steps?? Should i wait for their notice???
niranjan
(Expert) 12 May 2010
You will have to give their share,but you can ask for set off for the expenses you have made on the building and other expenses.Let them file the suit,the matter will be compromised by lapse of time.
N.K.Assumi
(Expert) 12 May 2010
Niranjan, I appreciate your last sentence " the matter will be compromised by lapsed of time"
G. ARAVINTHAN
(Expert) 12 May 2010
they have given consent to you for having old house and no for agreement with builder
