Property Rights of daughter
Manisha
(Querist) 30 April 2010
This query is : Resolved
My mother’s father has expired in the month of Nov 2009. Now the survivor left are his two sons and daughter (my mother), all are married. My mother is the eldest one. Her father has left a flat and a commercial place in mumbai.
After his death my maternal uncle was fighting for the property so my mother has voluntarily agreed to leave her share in that property as she don’t want to spoil the relation with her brothers, so in the month of Dec. 2009 she has given indemnity bond of no objection which is only notaries and still not registered to the chairman and in front of all the members of that co operative housing society in a meeting held by them mentioning that flat to be transferred to her brothers name.
Now that whole building has gone into redevelopment and both her brothers are getting two flats at different floor and huge amount of corpus.
Our financial condition is not good so my mother has asked for some financial help from her brother and both has denied keeping the relation with my mother.
This property is in Mumbai and valued of corers of rupees.
Now my mother is thinking that she had done the wrong thing of leaving her share in that property.
Can you help me in solving my quarries?
1) Can a co operative housing society can transfer the share only on that indemnity bond and without asking for succession certificate. Is it valid?
2) Can she still claim for her share in that property as the same has gone into redevelopment and MOU has been signed by builder? If yes How?
3) If we want send the legal notice to whom should we sent it? (To builder, to cooperative housing society or to both the brothers?)
4) Can she can claim her rights in all the property which has left behind by her father like: - Flat, owned commercial place, fixed deposit and cash in bank, Jewelry.
5) Let say if we will go to court for the help how much it will going to cost us?
Manisha
(Querist) 30 April 2010
I will really appriciate if some one will reply to my quarries.
A V Vishal
(Expert) 30 April 2010
1) Can a co operative housing society can transfer the share only on that indemnity bond and without asking for succession certificate. Is it valid?
Ans. Yes it is valid unless there was dispute regarding to who shall succeed, in your case since your mother did not stake her claim by giving the indemnity bond the other two brothers succeeded the share. I SUGGEST YOU REFER THE SOCIETY'S BYE-LAWS FOR DETAILS ON SUCCESSION OF DEATH OF THE MEMBER.
2) Can she still claim for her share in that property as the same has gone into redevelopment and MOU has been signed by builder? If yes How?
Ans.No, even if she wants to take legal route you will end up spending on litigation.
3) If we want send the legal notice to whom should we sent it? (To builder, to cooperative housing society or to both the brothers?)
Ans. To all, the builder, co-operative society and your uncles
4) Can she can claim her rights in all the property which has left behind by her father like: - Flat, owned commercial place, fixed deposit and cash in bank, Jewelry.
Ans. Yes, unless she has not relinquished her rights.
5) Let say if we will go to court for the help how much it will going to cost us?
Ans.Depends upon the counsel you will hire.
