property in Mumbai

Querist : Anonymous (Querist) 09 February 2011 This query is : Resolved
FACTS
1) Kunj Bihari and Brij Bihari are two brothers jointly owning a flat in Mumbai. Both paid 50% each towards its purchase 30 years ago. The shares certificate shows the names as Kunj Bihari AND Brij Bihari and NOT as owner 1) and owner 2.
2) the current status is that Brij Bihari alone resides in the flat with his family and he is in its complete possession. where as Kunj bihari has been living elsewhere since last 15 years.

3) Each pays 50% of the maintenance bills to the society. but Brij Bihari alone pays the electricity bills as he alone is living there.

Questions:
1) the share certificate states Kunj Bihari AND Brij Bihari. Brij Bihari is not specifically stated as the second holder. It is obvious that two peoples name cannot be written as first and hence one name would precede the other -- is it then fair on society's part to even state that Brij Bihari is the second holder?? The society has been saying Brij Bihari is the second holder of the flat and that they recognise only the first holder (i.e. kunj bihari). Please answer if it is correct to do so??
If Brij Bihari is the second holder, then what are the rights of the second holder vis-a-vis the first holder. (Can you suggest some reference book on this)

2) does Brij Bihari have nomination rights for his 50% of the flat holding?

3) Can kunj bihari at all make a nomination of 100% of the flat in favour of his son,etc. eventhough he has contributed only 50% and is owner of only half the flat.

3) Is it not mandatory (by law) for kunj bihari to mark Brij Bihari as a nominee of the flat and not someone else.

Can Brij Bihari stand for society elections and have voting rights? can he attend society agm?

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adv. rajeev ( rajoo ) (Expert) 09 February 2011
In whose name sale deed is regd.,? I think it might be in both names.
Kunj cannot make nomination of 100% because he is not the absolute owner of the property. He is joint holder with Brij Bihari.
Brij has got equal rights what first holder has got.

Kirti Kar Tripathi (Expert) 10 February 2011
yes, if in sale deed both are shown as joint owner therefore it can not be nominated in one person only.

H.M.Patnaik (Expert) 15 February 2011
Yes, both are joint holders of the property and possess equal right as member of the society.

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