Ancesteral residential flat related
Querist :
Anonymous
(Querist) 29 October 2010
This query is : Resolved
Dear Sir,
My grandfather and father together had purchased a flat in Mumbai in 1972 in a registered co-op society. My grandfather and father both have passed away. At this point I have no documents to make any claim as legal heir. Besides, my family has not lived in that flat since 1975. However my uncles and aunts are staying in the said property. They claim it belongs to them. My question therefore is "is there a way to find out who owns the property currently and under what circumstances was the property transferred to my uncles and aunts after the death of my grand father." I am told that property search will not be of much help. Besides I would like to know the history of purchases of the said property from the registered society. I understand that the society may not respond to my queries as I'm not a member of the society.
Please could you advise me this.
Thanks,
Amit
Raj Kumar Makkad
(Expert) 29 October 2010
Where are you sleeping man? You have every right in the aforesaid property. Your father was legal heir of his father (your grandfather) along-with his brothers and sisters apart from his own share. You uncles and aunts cannot snatch that share. You should file a civil suit for partition and possession against your uncles and aunts, who shall come before court and shall reply your case as per their version. I hope, if your father had not disposed off your property during his life time then your share is secure and even if you are out of the property since 1975 even then your possession shall be treated as intact because the possession of one co-sharer is possession on behalf of all the co-sharers.
