To get the ownership & possesion of residential flat
VM
(Querist) 20 February 2010
This query is : Resolved
After the demaise of my father, my elder brother tactfully got the flat transfered in his name via some kind of a nomination papers. Now my brother is denying me my right of 50% share saying he is now the full owner of the flat and also have captured the flat in full and not allowing me any access at all.
What remedy & process I need to do,to get back my rights over the flat and the possesion.
Pls advise.
Parveen Kr. Aggarwal
(Expert) 20 February 2010
File a suit (i)for declaration to the effect that you are owner to the extent of half share in the flat along with your brother and that the documents got prepared by your brother for effecting transfer and the order of transfer in favour of your brother deserves to be set aside to the extent of your share,
and
(ii) for separate possession of your share by way of partition.
You may also claim mesne profits and use and occupation charges of your share from your brother for the period your brother remains in exclusive possession.
B K Raghavendra Rao
(Expert) 20 February 2010
Filing a declaration suit is not advisable as you need to pay heavy court fee. Partition suit should be alright. The document you have executed in favour of your brother needs to be disputed and as that document is not registered (presumed), it would be a good ground for you. Remedy for this would be equally as effective for declaration suit.
Parveen Kr. Aggarwal
(Expert) 21 February 2010
Mr. Raghavendra Rao,
How much court fee will have to be paid on the relief of declaration?
Under which provision, court fee is payable in such a case for relief of declaration?
VM
(Querist) 22 February 2010
Thanks for the replies. Do let me know the below: 1) How much court fee I need to pay 2) How will I claim my share of possesion / value of flat at marjet rate.3 ) In which court do i need to file the suit of declaration or Partition 4) Do I need to file a criminal case agst my brother for cheating / fraud / breach of trust. 5) Di I need to put a case on the society also for not following a better process for not informing all the legal heirs and executing due care before transferring the flat in my brothers name. Pls advise on this and thanks for the attention and timely help. God bless.
VM
(Querist) 03 March 2010
Hi, Can somebody help me with the above answers pls. I need to act really fast on this.
Kumar Thadhani
(Expert) 08 March 2010
As you are the owner of the flat and the sale documents are executed in your name you can very well file suit for eviction of the property.
