Transfer of ownership of flat

Querist : Anonymous (Querist) 09 August 2011 This query is : Resolved
Hi All ,

My grandmother owned a 1bhk whose nominee was my grandfather . After their death they left behind 5 Children .As it was not possible for 5 families to stay in 1BHK 1 son was allowed to stay in that flat , however the flat was not transfered on any body's name . its been like this for the past 30 years . After 30 YEARS WE WANT TO TRANFER THE SHARES OF THE FLAT ON ALL THE 5 children's name , however the son that is aldready stayin in that flat is givin an objection.

How can we transfer the Flat's ownership on all 5 chilren's name .

Also does the society have the right to transfer the ownership of the flat in the name of the son stayin there without the consent of the remaining 4 children.

Please Advice....

Thank You

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ajay sethi (Expert) 09 August 2011
1)when your grandmother died flat ought to have been transferred in your grandfather name as nominee .
2)but since it was not done all 5 children have equal rights in said flat after death of grandfather .
3)you will have to make an application to society for tranfer of flat . the society may call upon you to submit letters of administartion /succession certificate/indemnity bond etc
4)society cannot transfer fat in name of one son staying there .

Querist : Anonymous (Querist) 09 August 2011
Thanks A Lot ajay....!!!!

However does the son staying in the flat have a right to object to the transfer the flat in the name of all children.

You have also mentioned that the society cannot transfer the ownership of the flat on the one son stayin there . however he has been stayin there for the past 30 years and paying all the bills of that flat . in such a case can the flat still be transferred in the name of the son staying there by the society .

M V Gupta (Expert) 09 August 2011
It is strange that the Society did not take any action on the death of ur grand mother and later on the death of ur grand father. However the Society cannot transfer the falt inthe name of the person who has been occupying the falt for last thirty years. His possession will be regarded as permissive and as one of the co successors.For gettong the transfer the consent of all the legal heirs will be necessary.

K.S.Srinivas (Expert) 09 August 2011
I agree with Mr.Ajay.

Querist : Anonymous (Querist) 09 August 2011
Thanks a lot Mr Ajay , Mr M.V Gupta and Mr K.S.Srinivas .

There is another query in this matter .

Out of the 5 children , one has deceased , but has been given his share of the property as he has been alloted another property elsewhere.

Also out of the remaining 4 children , two have agreed to sell the flat and divide the shares among all the 4 children . However the son staying in the flat and another son who is staying abroad are not agreeing to it .

In Such a case what can be done ?

As all the 4 children cannot stay in that flat and neither the son staying in that flat can pay all the remaining 3 children their shares .

How can all the children get the Shares of the flat wen two children are not agreeing to sell the flat .

Also the son that is deceased who has already given his share of the property get a right over this flat ?

ajay sethi (Expert) 10 August 2011
1) get the flat transferred in name of legal heirs first
2) merely because on son is staying in flat for 30 years and paying bills does not give him right over other legal heirs
3) consent of all legal heirs will be necessary for sale of flat

M V Gupta (Expert) 10 August 2011
I agree with Mr. Ajay Sethis's views.

Transfer of ownership of flat

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