Joint ownership

charushila (Querist) 02 May 2012 This query is : Resolved
i m residing in grantroad..after death of my mom and dad the flat in tranfered in name of my younger brother and i m shown as legal heir in the documentation.. Now i want the flat to be in joint name..but due to redevelopemnt problem the society is closed down now at present there is no chairman and no society to take up the matter... i just want to know that what is the procedure to do so..and where i shld approach for the same..as except me and my brother no one else in there in family... pls guide me at the earliest..

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Devendra N.Tripathi, Advocate (Expert) 02 May 2012
1. Is the property an Ancestral or self acquired ?
2. Your brother has got the property by way of a Will or any conveyance or any other document. ?

Comments - Only if the property is Ancestral will you have a right on the property - if its a self acquired property (by your parents) you can't claim rights over it.

ajay sethi (Expert) 02 May 2012
on your parents death society would not have transferred flat in your brother name unless you gave an NOC ? did you give NOC ?

charushila (Querist) 02 May 2012
Thanks for reply

Dear Tripathi sir - my brother got property transfered in his name after sudden death of my parents as my father had not kept any nominee during their death..and my grandfather had taken this house on my fathers names

Dear ajay sir - i had given NOC but now as our building is going to go under redevelopment so by brother want to keep in joint ownership..but bec of certain disputes the society is closed down.. i met to previous chairman he told me to bring form from registrar of society, affidavit, NOC of brother and told me to wait till AGM of society..that time they vl put on the table and the shares vl be transfered on joint name.. can i transfered throught Registrar of socity which is in ballard peir

ajay sethi (Expert) 02 May 2012
you are v lucky man indeed . if your brother inspite of you having relinquished rights in respect of flat is willing to add your name in share certificte .

the society never closes down . if disputes between members then registrar will appoint adminstrator for society .

you cna then make application to adminstrator