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Avinash (asst)     05 October 2011

Property distribution

my brother signed NOC letter by copying my signature and sent to our apartment society secretary. After this apartment society secretary confirmed mothers as owner of the flat. My father died in 2007.He did not made a will. My elder brother gave NOC also and now mother wants to sale the house. As i live separelty, i want the amount of my share in my name. as a co-owner. Now can my mother sale this flat independently. OR i need to convey to the soceity that i did not personally sign the NOC letter. OR anything i need to convey to my mother that without my concent or if i do not get my share certain action can be taken to stop the sale. (PLS SEE I AM NOT AGAINST MY MOTHER), but since i live seperately i need to take benifit of my share and my rights.

Also two months ago my brother and mother gave stamp paper commitment letter that they will sell the house to a gentleman at a certain price.

Now since i have inform my mother that I have not sign the NOC, then how come she became the owner.

It is nothing but fraud.

Now the prospective buyer wants the flat to be sold immediately. And threatens that he will not allow to sell the flat to someone else.

Our building will be taken over by a builder who will constuct new building. Now the buyer threatens that he will not allow the builder to demolish the building because we have commited to sale the house to him.



And threaten my mother that all the remaining society members will presureised you to execute the sale deed. Beacuse construction on the new building will be halted by the builder.



Learning

 1 Replies

Kishor Mehta (CEO)     08 October 2011

The only option left for you is [1] to file a fraud FIR with your local police station; [2] send a copy of the police complaint to the secretary of the society and inform him that he would be an accessory after the fact if he processes the transfer application of the flat: [3] file a police case against your brother for having perpetrated the fraud; & [4] file a civil case for your rights in the flat. Please inform your mother of the fraud and request her not to be a party to it. Take immediate steps to guard your rights before the possession of the flat is given to a third party.


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