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vernon (temp)     27 November 2014

Flat inheritance law

Mumbai : Andheri East. : 59

Hello and respect.

Can someone please clear my doubts regarding flat inheritance.

Father is first / sole owner of flat. Father died Intestate.
Father made nomination 50% wife and 50% son ie. (me).( Father thought nomination was enough to pass on ownership, and a will was not necessary. All family members were aware of Fathers intention ).
There are 4 other sons and daughters.
After death society transferred share certifcate to mother 50 % and me 50 %
Mother passed away. She had made no nomination for her 50 %.
Mother has made a will bequeating me 50 % also.
Only one son is not agreeing to Mothers will or fathers intentions.

Currently Share certificate stands in Mothers name 50% and my name 50%.

Question:

One brother is demanding equal share of the flat, because Father ( first owner ) died intestate.
I am wiilling to buy his share to a maximum of 10%. But he is demanding 20 %.
I have quit my job abroad because I am afraid that he is waiting for an opportunity so he can put a lock on the door and claim possession.
Where do I stand? and how should I proceed ? Should I file a police complaint ? and file a Statusquo/ stay order ?

Mr. Lopez



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