Fern (consultant) 15 June 2017
My husband had bought residential premises in Mumbai in 1972 in joint names of my husband & his brother. I am staying in that flat with my son since 1972. My husband expired last year. I am his nominee.
Can his brother sell his 50% right to anybody and that can the buyer stay with us in that flat?
As I do nnot have adequate funds, I am unable to buy his share. Please advise
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 15 June 2017
1. A Joint-Ownership property owned by Two persons, CANNOT be sold (in any manner, whatsoever), UNLESS & UNTIL proper legal "partition proceedings" is conducted, through a court of law.
2. In instant matter, since the property is a residential Flat, IT CANNOT be partitioned and neither the other brother can evict you EVER, in any manner, whatsoever.
3. You have to conduct legal proceedings to Transfer 50% Title-Ownership of your Husband, in your name /your childrens name, for your futuristic financial & social security.
4. Also kindly prefer to visit the following link, for some basic introspection:
https://www.lawyersclubindia.com/articles/Analysis-on-Nomination-in-housing-society-7787.asp
Keep Smiling .... Hemant Agarwal
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