LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dinesh Salaria (Engineer)     22 November 2009

share in property

Dear Members

My father expired 5 years back during the bypass surgery leaving no will behiend and he owns a flat and me and my elder bother paid the loan installments taken for the construction. I want to clear here that we r three brothers and my mother is a house wife and cannot read or write at all. my father named my eldest brother as a nominee as that time me and the other brother of mine was very young and mother was illitrate. it was the time when he became the member of a socoiety in arround 1980. flats got constructed in 2003. and that time i started to earn and help my father financially to build the house as father was retired in 1997. now my elder bother don't want to share the property and he don't agrre to even sell it me as i offered him that i want to keep the house and pay everyone their respected share. but he didn't say anything he says it will go like that I know the reason the price of the property gone from 8 lakhs to 60 lakhs now and still increasing they knows the fact that i want it and will take this but the situation getting worst for me as the cost is shooting high and may become unaffordable for me in coming years. they keep fighting over issues and made te life miserable for my family and mother. i want to know the possible solution that how can i get share of that property.do i have any right to keep the property as i am engaged with it emotionally as it was dream house of my father and he expires in here and my mother do want to stay in this house till she lives.and for me also both my childrens born in here and i want to take it foe living not foe selling.

Please advice what i can possibly do in case if mutually my elder brother don't agree. my other brother have no problem in doing this in my favour after taking his share and my mother is staying with me since the tetirement of my father in 1997 and I am taking care of my parents since then both brother didn't give her anything or even my mother don't want to live with my brothers

thanks.



Learning

 3 Replies

Sanjeev Kuchhal (Publishers)     22 November 2009

Nomination of property in one's name does not at all affect the right of other heirs. You have got all the rights to claim the share in the property. You can file the suit for partition and there you can claim the flat by paying the share to other heirs.

Dinesh Salaria (Engineer)     23 November 2009

thanks for reponse dear, appericiate if someone can shed light on what will be the procedure for it and fee and other cost assosiated with it. I live in chandigarh and property also at chandigarh. Also if incase evryone agreed what papers i need to get signed so that there will not be any problems in future.

once more thanks to everyone onthis site it really helping people/Dinesh

Dinesh Salaria (Engineer)     12 February 2010

i spoke to everyone but my brother who got nomination in his favours dont want to sell it now he said he need to sell after 5 years then only he will give his share but my problem is if after 5 years i m not in condition to buy wat will happen.and the other thing society recognise the nominee only they dont want to deal anything with the legal heirs.please suggest is it still be divided into all the legal heirs or nominee will get the rights of the property.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register