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zee (housewife)     14 October 2011

How many names (owners) can a tile deed of a house have?

My father passed away in 2006, leaving us (6 Catholic chiildren) as legal heirs to his property. My brother wants to transfer the property IN HIS NAME by saying that the property (house and shop) cannot be transferred in 6 names. According to him a title document must be in one name, and the remaining 5 children must be written as nominees.

Is this true?
Will this affect our shares?
Will there be any legal complications if we allow him to put his name as the main name, and ours as the nominees.


Learning

 2 Replies

ajay sethi (lawyer)     14 October 2011

what is the property? is it a flat in cooperative society?

 

if so it can be in name of 3 persons.   i dont agree with view that other 5 cna be writte n as nominees . if flat is transferred in your brother name he cna change the nomination  at later stage .

1 Like

zee (housewife)     14 October 2011

Dear Mr Ajay,

Thank you for your reply. The property is a flat in a co-operative hsg society.

Sorry to bother you. If possible could you help me with the following? Also are you based in Mumbai?

PROPERTY LIST:
I have totally 3 properties under dispute:(pretty complicated):

Property 1) A house in Goa (in the name of my grandmother)
Property 2) A flat in a coop hsg soc in Mumbai (in my father's name)
Property 3) A shop in Mumbai (under pugrree system, but in my father's name)

 

FAMILY BACKGROUND:
We are six children (Catholic); 4 elder sisters and 2 younger sons. I am sister no 4. Both my brothers are younger to me. The youngest brother (6th sibling, will be referred to as "Goa brother" henceforth) has been staying in the Goa house for the last 10 years. The other brother (5th sibling, will be referred to as "Mumbai brother" henceforth) has been staying in the Mumbai house for the last 10 years and also runs the shop in Mumbai.

My sisters are in Mumbai but are not co-operating with me probably because they want a larger share. They are hand in glove with my brothers.

THE PROBLEM:
Both brothers want the family property for themselves. They are planning to transfer the said 3 properties in their names by hook or by crook.
 
My father has made a will in 2001 naming all 6 children as the beneficiaries of the 3 properties. However, my brothers are saying that they do not have the will. I feel that they are not being truthful.
 
Q1) Is there any legal process in order to retrieve the will from the records of the sub-registrar?
 
PROPERTY DESCRIPTION:
Property 1: The Goa House
It is about 1000 sq feet with land around it. Maybe a total of 2000 sq feet. This property is in the name of my father's mother (my grandmother). My grandmother had 3 children including my father; all deceased. The other two children of my grandmother have no heirs. This leaves my father with his 6 children as legal heirs (My mother is no more).
 
To further compound the problem, the title deed is in Portuguese and has to be translated. Also, my Goa brother wants to mortguage the land and rebuild on it without our permissions. He has been paying the tax for the last 10 years and the voter's id comes on his name. He says that since he has been staying there for the last 10 years, the Goa property legally becomes his.
Q2) Is this true? Is there any such provision made by the law?
 
Furthermore, the Goa brother says that there is a provision made by way of which he can publish an advertisement in the newspaper asking for any heirs to come forward and claim the property. If no one comes forward to claim the property, he can produce the advert.as evidence of being the sole heir.
Q3) Is this true? Is there such provision of publishing an advert.?
 
Property 2: The Mumbai House
This house is not in a building. It is a house (on the ground) in a colony or coop hsg soc. This is in my father's name. My Mumbai brother tells me that he has been informed by the secretary to transfer the title from my father's name to his (mumbai brother's) name as it is required by the law. The other 6 siblings will be mentioned as nominees.
Q4) Can the title be transferred in the name of all 6 children?

Property 3: The Mumbai Shop
This shop is under the "Pugree System." My Mumbai brother runs the shop and takes all the profit. He says that the shop cannot be sold as it is under the Pugree System. He also says that he has transferred the tenacy rights from my father's name to his name, as he has been paying the rent for the last 5 years.
Q5) Can the rent receipt become the basis for transferring tenacy rights in his name?
Q6) How do I go about getting my share?
Q7) How do I go about filing an injunction?
Q8) Will I have to go to Goa to file an injunction for the Goa house. Since I live in Mumbai, how tedious and expensive is this Goa procedure? How many time will I have to frequent the Goa courts?
Q9) Since my brothers will not give me the legal title documents, what must I do in order to obtain the same?
Q10) Since my brothers are living in the Goa and Mumbai house, can I ask them to vacate if I want my share? Can they stay/stop the division of property on the basis that they are living in the houses?
Q11) If the Goa brother attempts to mortguage or build on the Goa land, can I issue a legal stay order? How?
 

Dear sir, I know that I'm asking for too much. So kindly answer (if possible) at your convenience. Thanking you in advance.


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