Distribution of flat when owner dies intestate
Aarti C.
(Querist) 09 September 2015
This query is : Resolved
Hello,
My maternal grandfather owned a property (a flat) in a CHS. He died in 1996 without making a proper will stating the distribution of the said flat. He is survived by his wife and 4 children of whom 2 are unmarried (one daughter and one son). The unmarried daughter, under suspicious circumstances, had got herself nominated for the said flat. Today, after 19 years of my grandfather's death, she refuses to give my mother (married daughter of the original owner) her rightful share in the property. What should be done now? The CHS is going in for redevelopment soon.
P.S.: My grandfather, immediately before his death, had clearly mentioned in the presence of my grandmother, unmarried daughter, my mother and another family member that this flat should be equally distributed (one half to each daughter)among his two daughters i.e. my mother and the unmarried daughter. Unfortunately, the unmarried daughter refuses to do the same.
Kindly help and guide me.
Kumar Doab
(Expert) 09 September 2015
Nomination in a Flat of CHS is not a parallel route to succession.
Nominee is not owner and is mere a representative to deal with day to day admin matters of society.
The Legal heirs/successors can claim their share as per personal laws applicable to the deceased........................and even rent from the occupant.
Consult an able lawyer.
Aarti C.
(Querist) 10 September 2015
That is fine sir. But now the developer in charge of redeveloping the CHS has given the rent amount and the corpus fund to that unmarried daughter who used to reside in the said flat for years. Is this possible or lawful? How can my mother claim her 50% share in the three; the flat per se, the rent as well as the corpus fund?
P.S.: Grandmother (widow of the flat owner) is still alive and of sound mind. Doesn't the rent and corpus go to the widow of the owner and not the nominee?
Rajendra K Goyal
(Expert) 10 September 2015
Consult local lawyer and send notice claiming her share.
Kumar Doab
(Expert) 10 September 2015
The nominee has to distribute the proceeds to all successors/legal heirs equally.
Claim from nominee.
Obtain forms/formats/process from CHS to transfer the flat in the name of all successors/legal heirs equally.
Consult an able lawyer.
Aarti C.
(Querist) 15 September 2015
thank you for your replies...however, isn't there a time period/limit for transferring the property into the names of the legal heirs?? I am not very sure whether it is within 5 yrs or 8 yrs of the death of the owner.
how can my mother claim? Through legal process? What about getting an injunction over the possession and distribution of the balance rent and remaining corpus?
As far as i know, the nominee is refusing to distribute the sum. What should we (my mother) do in such situations?
T. Kalaiselvan, Advocate
(Expert) 18 September 2015
Your mother being a legal heir can seek partition and there is no time limit for seeking partition. In the suit for partition she can seek an interim relief of injunction restraining the developer from disbursing the corpus or any amount to the defendant alone.
Aarti C.
(Querist) 19 September 2015
Could u please clarify more on the suit of partition?
What means are available now to get back my mother's share in d already disbursed corpus and rent?
We had submitted a formal letter to d society and its developer that any kind of transactions or dealings should be notified to us since my mother is a legal heir. But the developer not only failed to inform us but he also went ahead and finalised the building plan, agreement terms and disbursed the corpus and rent to just one heir(the nominee
nominee)
What action should be taken now?
