Rights of Son as against the father in the flat....
Sabahat Sayed
(Querist) 01 December 2009
This query is : Resolved
Dear sirs, Thanx for ur valuable advices but i would like to make it clear that a father and son both have signed joint agreement and both have equal right in the flat. The mainatainence slip comes in name of father. The son is not sure whether his name is in share certificate or not or only his fathers name exist. so if suppose his name is joint in agreement but his name is not mentioned in share certificate (as son is not aware), can the father sell the house alone if the sons name is not in share certificate.
does no name in the share certificate loose the right of son in property even though his name is joint in the agreement with his father?
I just want to know this if there is no name of son in share certificate only his fathers name exist so can father sell the flat alone taking no name of son in share certificate as a advantage? what remedy is open for the son now as due to some disputes the son is not residing with father. So can the father take away the right of the son and sell the flat alnoe without consent of son. The son is also not aware about nominations in the society..
PLz advice..
Raj Kumar Makkad
(Expert) 01 December 2009
mere agreement is not the poof of title. Share certificate is the only proof of ownership in the present set of facts. If the son failed to agitate at the time of allotment then he has lost his right if the period of 3 years has elapsed. So father has every right to sell the property without the consent of his son who was just a prty to the joint agreement and has not purchased hte property
