Audry Fernandes (nil) 06 June 2010

jointly held flat rights

I hold a one bedroom flat in a CHS jointly with my 2 younger brothers. This flat belonged to my father. On his demise it was transferred to my mother. i am unmarried and presently occupying the flat. My 2 brothers are married.

My mother nominated all 3 of us (on my honest advice). Upon the demise of my mother 10 years ago, the flat was transferred to 3 of us, but I am singly occupying the flat. At the time of my mother's demise I asked my brothers what they wanted to do. I was willing to sell the flat and share the money. However they told me to live in the flat.

The youngest bought his own flat and living in it with his family. He has advised me to live in the flat during my lifetime. The second brother has a bungalow in Virar but is presently working abroad and his family is with him.

I do not wish to live with either of my brothers. Can my older brother forceably come and live in the flat when he returns to India? What are my options?

1.Can I insist on selling the flat and sharing the proceeds?

2. If he does not agree can I take legal action - if so what action

3. Can I go for division of the flat - the flat is too small to divide and I will win on that ground.

I do not want to rob anyone and I am ready to share the sale proceeds equally with my 2 brothers.

Please advise as I am very worried. I am a christian and would come under christian law

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5 Replies

R.R. KRISHNAA (Legal Manager) 06 June 2010

Dear Audry,

All three (brothers) have equal rights on the flat.

You have three options available:-

1. Since the property is a flat, partition cannot be sought before the court and only relief of sale of the flat can be ordered by the court in case of any suit for partition is filed.

2. It would be best if the three of you sell the flat and share the proceeds equally (or)

3. In the alternative you may pay some valuable consideration to your brothers in lieu of your two brothers to relinquish/release their share in your favour by way of registered release deed so that you become a full owner of the flat (this option would save the selling of the flat)

Best regards.,,

Darshan Panchal (Advocate) 06 June 2010

absolutely agree with Krishna Sir. No better solutions than the one Krishna Sir suggested.

Audry Fernandes (nil) 06 June 2010

Dear RR Krishna and Darshan Panchal

Thank you, I do agree. 10 years ago, when my mother expired I suggested selling the flat and sharing the proceeds. However the brother (A) after me said we should not sell the flat. (B) the youngest said I should occupy the flat during my lifetime. (I am a lady and will not marry. upon my demise the flat will go back to A & B)

Can I insist on selling the flat, even if one brother(A) does not agree. My name is first on the Share Certificate. Can A and family forceably come and live with me. I do not like that option.The flat is very small with only one bedroom.

I am ready to take my share and buy another place in the far suburbs if need be.But I do not have enough funds to buy without my 1/3 share.

Darshan Panchal (Advocate) 07 June 2010

As suggested by Krishna sir, in case ur brothers not agreeting to selling the flat, the only option is to approach the civil court who will direct the sale of the flat which will be disributed amongst you trio equally. However, u must bear in mind that it is not a fortnight process. Its time consuming and may test ur paience plus legal expenses. The best way out is to sit togather and negotiate.

Audry Fernandes (nil) 07 June 2010

Thank you Darshan, I agree. I (with my brother B) will try again to talk to my brother A and enslit the help of his children also. I think the fairest option is for brother A to buy the flat from us or for us 3 to sell the flat and share the proceeds. However brother A seems to have some strange idea of all 3 of us and their 2 families occupying a one bedroom flat!!!