Undivided property
S.BANERJEE
(Querist) 14 March 2015
This query is : Resolved
One flat in Salt lake, Karunamoyee co-operative society is a joint owner by my mother & my elder brother in the year 1984. now at present my mother was passes away in 2009 and my elder brother is a serious cardiac patient unable to move any where. We are two brother and two sisters & all are settled and married. Out of this one of sister and my elder brother is willing to transfer the apartment to my name but one of my unwilling elder sister is well settled in some places far away from Kolkata and become less interested to the property belongs to our mothers.She also not ready to co-operate us to make the legal papers in white and updated. At present the electrical energy meter and the tax bill is still in my mother's name.We cannot make it in my elder brother's name or in my name.At this moments what is to be done so that all the relevant documents like the tax bill, electricity bill and the apartment maintenance bill can be easily accessible by me legally and officially. For simply defective energy meter complains cannot be registered at west bengal state electricity board office as the main owner's signature is not available due to my mother's death.We have to stay in dark till date. Is there any way legally so that we can come out from this situation?
Devajyoti Barman
(Expert) 14 March 2015
Apply for change of meter in your names you being the legal heir.
If WBSEB refuses to hear then file a writ petition in high court.
WBSEB hardly works. It is well known fact.
Rajendra K Goyal
(Expert) 15 March 2015
Agree with the advise of expert Devajyoti Barman.
Try to have amicable solution of the problem with your family members.
S.BANERJEE
(Querist) 17 March 2015
Can we ignore my unwilling sister's share and rest of us can divides our shares without unwilling sister's consens.
T. Kalaiselvan, Advocate
(Expert) 17 March 2015
A partition deed can be executed if mutually agreed by all co-sharers but since one of the sharer is not interested in such an arrangement, you may file a partition suit before the court impleading her as the defendant and all others who favor as plaintiffs. Changing the name in the tax or any other governmental issues on your own ignoring the unwilling sister will land you in trouble, consult a local lawyer and proceed as per his advise.
Biswanath Roy
(Expert) 20 March 2015
Unless your name is mutated in Revenue records as owner of the flat you will not be entitled to change Electricity Bill and apartment maintenance bill.But the only bar is disagreement of one of your sister which can be avoided by adopting strategic legal planning.
