Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Family Property

Querist : Anonymous (Querist) 08 September 2010 This query is : Resolved 
Dear Sir,

My father has purchased one Flat in Mumbai in 1980 out of his own Money. We, all 3 Borther/Sisters were a Student by that time and father was the only earning Member. The said Flat has been purchased in the name of my elder Brother i.e. Mr.Kishor Shah, who was major during 1980 but had no source of income. He seperated from the family after his marriage in 1983. He used his name as Mr.Kishor Parekh every where, since his school life, whereas my father has been using Shah, hence father has purchased the said flat in the name Mr.Kishor Shah. Till now, the said flat has been in the name of Mr. Kishore Shah only (My elder Brother) and brother has purchased several other proerties and having his business/PAN Card in the name of Mr.Kishor Parekh.

Sir, my said brother now refused to share the said Flat with any one and he claim himself as the only owner of the Flat.

My another sister has ask for a photo ID of Mr.Kishor Shah from the Society. But My said Brother would not be able to provide the photo ID as Mr.Kishor Shah.

Can I/others claim our share in the said Flat and what is the consequences of the different name in the Flat and demend of my sister for a photo ID?


Thanks.
Devajyoti Barman (Expert) 08 September 2010
The mere two surname of a same person is not going to effect the title of the property in any way as long as his identity can be established without any doubt.
Now as the property is in the name of your brother he can rightly refuse to make a partition between you siblings. Only your father can file a suit for its recovery if he can prove that it is in the benam of the so and so person but that too is very difficult to prove and a very time consuming affair.
Surender Dhull (Expert) 08 September 2010
IF you can prove that the property was purchaed by the father in the name of brother from the joint income of Hindu family then u have the right to take the share of the flat.
M/s. Y-not legal services (Expert) 08 September 2010
i think this same query already published here..
s.subramanian (Expert) 08 September 2010
Repeated query.


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