Possession post redevelopment mumbai

Rita Thadeshwar (Querist) 20 May 2023 This query is : Resolved
My father died without will mother also passes away .The flat was in possession of my sister so after redevelopment also she will get the possession...

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When a property owner in Mumbai dies without a will, all legal heirs have an equal share, even if one sibling is in possession. During redevelopment, the builder must obtain consent (NOC) from all legal heirs. If this doesn't happen, all siblings are entitled to a share in the redeveloped property, regardless of who held possession before.

Sudhir Kumar, Advocate (Expert) 20 May 2023
then what do you want to know.

kavksatyanarayana (Expert) 20 May 2023
As per your query, the property is your father's own property, all the legal heirs have an equal right over it.

Advocate Bhartesh goyal (Expert) 20 May 2023
If questioned property is your father's self acquired property and he died intestate then his legal heirs have have equal rights a nd share on property.

Dr J C Vashista (Expert) 21 May 2023
Presumption of facts / documents may not be proper.
Show relevant documents to a local prudent lawyer for proper analyses and professional advise.

P. Venu (Expert) 21 May 2023
From the facts posted, the property is jointly vested with all the siblings, though the sister happens to be in possession/occupation.

ashok kumar singh (Expert) 21 May 2023
agreed with the expert opinion,

Sudhir Kumar, Advocate (Expert) 22 May 2023
But he asked no question.

T. Kalaiselvan, Advocate (Expert) 23 May 2023
Father's self acquired property shall devolve equally on all his legal heirs.
Even though the possession was with the daughter at the time of redevelopment, it was the duty of the builder to obtain NOC from other legal heirs or else all the legal heirs are entitled to a share in the redeveloped property.

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