Sister asking to transfer property in the name of mom

Maria Priya (Querist) 21 January 2015 This query is : Resolved
My father purchased a flat in Andheri Mumbai. As he did not leave a will after his demise will all the kids and wife have equal rights in the property?

My sister is asking us to transfer the property in her name saying that she is taking care of my mom. We all want to claim the property now.... Please advise how can it be done as we are not staying in that place now... Does MHADA have any role in this.

Please respond asap.

Thanks...

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Isaac Gabriel (Expert) 21 January 2015
It is the prorogative of the legal heirs.A reinquishment deed could be made in favour of your sister if at all everybody agrees.

a.k.singh (Expert) 21 January 2015
Since it is a MHADA flat , so the terms & condition as generally mentioned in the allotment letter would apply.May have to take prior approval of MHADA before the actual transfer.

A.K.Singh( 9892952981)
advocate, H.C.,Mumbai.

Rajendra K Goyal (Expert) 22 January 2015
It is the sweet will of all the legal heirs whether they want to transfer the property in the name of your sister or not.If it is MHADA property get the procedure from them an proceed if you want so.

Guest (Expert) 22 January 2015
Well Advised by Experts Mr.Isaac Gabriel and Mr.A.K.Singh

T. Kalaiselvan, Advocate (Expert) 24 January 2015
Your sister's claim that she takes care of your mom hence she is entitled to the entire property is illegal and invalid in the eyes of law. All the legal heirs have equal rights in the property.

Maria Priya (Querist) 26 January 2015
Thank you all for your prompt response. This is not a Mhada flat but a private one which has been re-developed by a private builder. Now we came to understand that my father has nominated my mother in the year 1978 in the society records & hence the society has transferred the property to my mother after the re-development... Now that my mother is unwell & hence the society wants us all family members to give NOC to my sister to transfer the property in her name in society records ( Pls note that my sister and her family have been staying in our parental house for the past 14 years and has not give us a penny of rent)..... We dont want to give our share.... But then we have found out that my sister has made my mother execute a WILL to transfer all property & belongings in my sister's name.... which is not just..... We don't know what to do.... Pls help.

ajay sethi (Expert) 26 January 2015
1) nominee is only a trustee for legal heirs

2) on demise of your father your mom , you and your sister have equal rights in flat .

3) society cannot force you to give NOC for transfer of flat in your sister name .

4) your mother can at most bequeath her share in flat in society by will .

5) the will made by your mother can be revoked
6) on your mother demise will can also be challenged by other legal heirs .