Hi,
I want your expert opinion regarding an issue related to Redevelopment of Co-Op Housing Society in Mumbai and the builder's agreement with the legal Heir, Nominee or the Occupant.
Background: I've 2 brothers - 1 elder and 1 younger. Our father died in 2001 and made a WILL that equal share of his flat in Mumbai should be given to Me and My Younger brother. I've filed a Probate/Letter of Administration petition in High Court Mumbai regarding the approval of the Will and the process is still pending in the Court.
The Nominees of Flat registered with our Society are: 1.My elder Brother, 2.Me, 3.My Younger brother
The Will has given equal share to: Me and My Younger brother
The Occupant of Flat is: My Younger brother
The Owner of Flat is: My Deceased Father.
My mother is already Deceased before the death of father.
Mean while my Younger brother has occupied the vacant flat of my father and it still staying their paying the society's maintenance. While I stay in another city nearby.
During the Probate/Letter of Administration petition in Court, My Elder brother gave NOC, that he is not interested in this said flat of my deceased father. That means, now only Me and my younger brother are the Heirs.
Now in 2014 the Society has decided the Redevelopment which me and my younger brother has agreed. The society has conveyed to me in the general meeting that they (and builder) will make redevelopment agreement with the Occupant only (That is my Younger brother).
My question is: I'm the Nominee of the flat along with my younger brother, and also the Heir in the Will. So, Society/Builder should make redevelopment agreement with Me and My Younger brother jointly? or Since he is just Occupant of the flat, with my Younger brother only?
And If society/Builder is doing agreement with my Younger brother only then what steps should I take to make them include me in the Agreement.
Please advice. thank you.
