Property matter
Hiten Jain
(Querist) 23 June 2012
This query is : Resolved
My grandmother is having flat in Mumbai but she has expired and now no one stays in that flat and my Grandfather has also expired.First the property was in the name of my Grandfather and after his death the property was transfered on my Grandmother name. After getting Share certificate from Society in her name she expired within 6 month from the date of getting Share Certificate without making any nomination. Actually She stays in her native Place at Rajasthan and has given this flat on rent to earn an income for her survival.No one cares for her except my mother. My Grandmother was having a cancer and my mother was not aware of it, she came to know after her death. A day before her death when she was serious and someone informed his Son(who wants a property) without informing us, rushed to rajasthan and forced my Grandmother to sign on a 'WILL' made on plain paper else he will not take her to Hospital for Treatment, which is nothing but an UNDUE INFLUENCE case. My GM signed on the 'WILL' which she don't want to do and which is not correct compare to her actual signature ( the sign was like kap kap ke sign kar raha ho), she was not in a Sound Mind at that time.The flat is vacant since 4 to 5 years and the outstanding Maintenance charges has reached to Rs.50000/-. My grandmother has 3 daughter and 2 sons.Only 1 son and 1 daughter(my mother) wants share in this property.But the son says he want 4 shares and will give only 1 share to his sister. He approached a High court for a Probate and the suit is dismissed by High Court Judge. He already has a Shop in high Society in Mumbai which he has taken for running his business after my Grandfather death. The Shop is still on my Grandfather name.
1.Now what should be the procedure?
2.Can a society sell this flat for clearing the outstanding maintenance charges ?
3.What are the Rights we are having on this Property?
4.What should we do to get a share in this property?
Please give me some advice. Waiting for your opinion.
sanjeev murthy desai
(Expert) 23 June 2012
without will why did he approached a high court for probate. All the children have equal rights and obligations with respect to the subject property. Hence it is advisable to share as equally otherwise they can approach a court for partition.
ajay sethi
(Expert) 23 June 2012
obtain succession certificate from bombay high court in favour of all legal heirs .
society can obatin recovery certificate under section 101 of MCS Act . pay society dues other wise interest amounts will keep on increasing
Sailesh Kumar Shah
(Expert) 23 June 2012
it seems that some information is missing.
if will is not left by grandmother, how one can go for probate?
you should put all right information to get best opinion.
Shonee Kapoor
(Expert) 23 June 2012
Exactly.
he should get relinquishment deed in his favor from heirs who are not interested in the property.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M V Gupta
(Expert) 24 June 2012
As mentioned by the experts all the sons and daughters (i.e., your father and his brothers and sisters) will jointly succeed to the flat and other assets if any of ur GM. All of them have equal rights. Hence firstly the heirs of ur GM should obtain succession certificate from the Court. If some of the heirs are not interested in the property they may relinquish their rights in favor of all or any of the remaining heirs and thereafter the remaining heirs should pay up the Society's dues and get the flat transferred in their favor. In order to prevent the Society taking any recovery proceedings, society's dues should be paid by those who want to retain the flat for themselves.
