cpc

can partner can take forceble possession in co ho so flat


  My mother has nominated me as nominee for the flat in her name. However the flat is purchased by father and he died without making will my two sister has raised objection for name. Can soiety stop transfer of flat in my name on my sisters objection mother is 90 years old and  due to ilness she is staying with me as such my mother's flat is locked. Due to her illeness I can not go and stay their  can my sister take possession of the flat forcebly.

I will be greatful if expert   answer my question. Thanks in advance

 
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legal consultant (9867264707)

you are just a nominee in this case you are not owner of the flat . sisters are rightly making their claim . Society shall require noc from all legal heirsof your father . You cannot make flat in your name if you do so . And your sister opposes you could end up in long legal litigation . So in this case its advisable to take NOC from your sisters and than get flat transfer  in your name .

Regards,

Adv. NIKHIL SETH 

Mumbai 

 
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Advocate,9444674980

kindly convince ur sister to do relinquish deed in your favour for their shares, and property will be yours. If they insist for money in return kindly negotiate and get the things done.

 
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Thanks for your reply sir, They are demanding exorbiting amount at present the flat in my mother's name but after her death in case the flat can not transferred in my name due to sisters objection can they evict me from the flat. I am under crushing tension and greatful to you if you guide me in the matter

Yours faithfully

 


Ramchandra Dusane

 
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Advocate,9444674980

it possible go for partition suit, that  is the only solution, if your sisters are not falling in line, leaveit  to the court and let the court decide, for the time being. or if not sell the property and share among yourselves.

 
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