I am writting with a lot of hope..i hope some bright minds from the legal faternity would surely reply back and give some suggestions...
My father died in the year 1991 leaving behind me(a 5 yr old son),my mother and my elder sister(who was 10yrs old back then)...my father had a house in a co-operative hsg society in mumbai in his name..as there was no nominee..so after my fathers death in the year 1991 a appendix 3c was submitted by my mother to the society requesting them to transfer the property in her name..
and for the past 17 years the house has been kept locked as we all live in New Delhi and my grandfather does not let anyone of us go and as he has the keys and all the orignal papers of the house..and as indian joint families are we did not have the courage to disobey him..but in the year 2007 we were informed by the society that the said property is jointly held by my mother and my grandfather..and when the appendix 3c was submitted to the society there was a clause in it which said "as there is no (the NO is then crossed with pen) one more heir Mr (my grandfathers name) who is related as father of the deceased to Mr (my father),his name may also be enroled as Joint name to the membership."
it is this clause made my grandfather the joint member..and we were really shocked when we were told about this in the year 2007 by the society as for the past 17 years it my mother who has been sending all the maintaince charges and all other expenses for the flat..and my granddfather has never spent a single rupee on it..and now when i confronted him 1st he said that as the furniture was mine that is why my name was added as a joint owner,then he changed his statement and said that as he had paid the black money (cash money) for buying the flat that is why he is a joint owner and now he claims that as the owner was his son (my father) hence that is why he is a joint owner..
presently my mother is suffering from a terminal illness and has not much time to live in this beautifull and not so beautifull world..the last and only wish that she has is to have her property back to her name.. i therefore request each knowledgeable member of this forum to reply back to my query as soon as possible before its too late..thanking you..
the property was bought by my father from his own money and we are hindu's as i belive religion is required for such cases..
As per the provisions of Hindu Succession Act,1955 the devolution of the property of a male hindu after his death shall be amongst class-1 heirs and Deceased's father i.e. your grand father has no right in the property.
You may file civil suit for declaration in the civil court under territorial jurisdiction the property in question situtates.
first of all thank you very very much for your replies...
the annexure was attached with the orignal share certificate of the society for transfering the flat to my mothers name..the annexure is mainly a declaration which is made by my mother to the society to transfer the flat to her name after my fathers name...no the share certificate has 2 names one my mothers name..and secondly my grandfathers name..
and the annexxure has been signed by my mother as it was made after my fathers death..n as for signing where the no has been crossed..no there is no signature..but all has been typed so it can be classified as being a typing mistake..
so what i really want to know is that what should i do to get my house back ... nad what kind of case should i file..and most importantly please let me know that would my mother need to go 4 hearing at the court..and what kind of expenditure should i be prepared for??/
Your society is a cheat or dumb fools. Without succession certificate and in the absence of proper nomination, it has no authority to transfer the flat of an intestate member to anybody whether son, daughter, mother or whosoever it might be.