Inheritance

Arvind Pandey (Querist) 18 August 2024 This query is : Resolved
I live in Canada. My father had a flat in housing society in mumbai. He passed away. He nominated my elder brother who is society member but does not live in that flat.

I will be returning to India and want to live in the flat but my brother wants to sell it.

What's my rights to live in the flat?

Thanks

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If your father's property in Mumbai was inherited, your brother, as nominee, holds it for all legal heirs, including you. Despite your brother wanting to sell and renting it out, you have equal rights to the flat. You can file a partition suit to claim your share and potentially obtain a court order for temporary injunction to prevent your eviction or to have the tenant vacated until the final judgment.

kavksatyanarayana (Expert) 18 August 2024
A nominee is the custodian of the flat's property and will disburse the movable or immovable property, which shall be distributed among all the legal heirs. So you, your brother and any other legal heirs i.e. your mother and other siblings have equal rights over the property. So file a partition suit. Before selling by your brother, you can file a protest petition before the Sub Registrar concerned that any document presented by your brother isn't accepted as you are a legal heir of that property. It is also better to issue a legal notice in a newspaper.

Arvind Pandey (Querist) 18 August 2024
Thank you for the reply. After filing the partition suit, until the court judgment can I get to use the flat for living?

T. Kalaiselvan, Advocate (Expert) 19 August 2024
If your brother is not allowing you to remain in that flat till the disposal of suit, you may obtain an order of temporary injunction against your brother to restrain him from removing you from the property till the disposal of the suit for partition.
You have rights to a legitimate share in the property as per your personal law in the property left behind by your father upon his intestate death.

Arvind Pandey (Querist) 19 August 2024
Thank you for the reply. As mentioned I m currently living in Canada. I want to stay in the flat on my return for good. However, my brother has rented the flat and I can't stay until the tenant is removed.

My brother is also not staying in that flat. He lives in Hyderabad.

T. Kalaiselvan, Advocate (Expert) 19 August 2024
You either have to talk to your brother to vacate the tenant and keep the premises vacant for your use whenever you visit India or obtain a court order in this regard as an interim relief by filing an application in the same suit for partition.

P. Venu

(Expert) 19 August 2024
Who are the legal heirs to your late father? On the demise of the father, the property is jointly vested with all the legal heirs. Bona fide requirement of one of the joint holders is a ground on which the tenant could be sought to vacate the property.

Arvind Pandey (Querist) 19 August 2024
Thank you to all for advice.

kavksatyanarayana (Expert) 20 August 2024
You are most welcome.

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