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jayrammani@gmail.com   17 April 2018

Hindu. Letter of administration

I am residing in a cooperative society flat in Mumbai since 1980. The flat originally belonged to my late father who purchased it in 1960. He had nominated my mother as nominee in case of his demise. Post his demise the flat was transferred to my mother's name in 1982.
My mother in 1984 nominated myself, my 4 brothers and my now late sister as nominees in 1984 prior to her demise in 1988. In 2017 the management committee of my society asked me to get a letter of administration from High court so that I can be taken as full time member. I approached the high court for the same. On court's directive I approached my 4 brothers for letter of administration. 2 brothers provided the same, 1 refused and the last one filed a caveat against the case. As proof of residence i have ration card,Aadhar card, telephone bill bearing my residential details. The 2 brothers who are against me are living on rental accomodation in south india while this property is in Mumbai. Please clarify following points
1. Can court direct me to pay market value of flat as individual brothers share of property as desired by them?
2. Can i be evicted from property.
3. What are the points in favor and against my case.


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 3 Replies

Kumar Doab (FIN)     17 April 2018

AS per title of query you are all Hindu.

 

To make you sole owner; Either all other ClassI legal heirs i.e your brothers and sisters sign in your favor..Or relinquish their rights in your favor

Or you buy their share

Or sell and divide the proceeds…

You being eligible for equal share are entitled to stay in house and so are others..

So you cannot be evicted..

jayrammani@gmail.com   17 April 2018

Thanks, since this is a contest are they eligible for their share at current market value. Will the fact that i have maintained the property for 40 years have no significance?

Kumar Doab (FIN)     19 April 2018

Ash them to share the cost of maintainance..

It does not seem to be 40Y.


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