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Fern (consultant)     15 June 2017

Sale of 50% of rights of residential flat.

My husband had bought residential premises in Mumbai in 1972 in joint names of my husband & his brother. I am staying in that flat with my son since 1972. My husband expired last year. I am his nominee. 

Can his brother sell his 50% right to anybody and that can the buyer stay with us in that flat? 

As I do nnot have adequate funds, I am unable to buy his share. Please advise 


 4 Replies

Firdosh Kassam (Karachiwala) (ADVOCATE & SOLICITOR     15 June 2017

Since the Flat is in the name of your husband and his brother, it is to be seen how the purchase amount for the Flat had been paid, i.e. by your husband only or his brother had also contributed. If your husband had paid the entire amount then the Flat belongs to your husband and his brother's name was only for convenience. This has to be seen from the Income Tax Returns of your husband if the Flat is shown entirely in his name.

If a nomination is filed, the Society is bound to transfer the Flat in the name of the Nominee who can deal with the Flat until such time the other legal heirs make a claim or file proceedings to establish their shares.

The brother cannot sell his share if he has not contributed any amount towards the purchase of the Flat and if he has contributed any amount towards the purchase of the Flat he can file a suit for partition or sale of the Flat and distribute the proceeds amongst the legal heirs of the deceased (i.e. your husband) and himself.

Fern (consultant)     15 June 2017

Thanks. We don't have any documents / bank passbook (45 years back) to show if money was paid by my husband alone or also by his brother. The MAIN point is that can my br.-in-law sell 50% of his rights of this flat to somebody and then can the buyer also stay in same flat!!!

shrenik (lawyer)     15 June 2017

Land can be sold in parts Flat can not be sold in parts

mission   13 June 2018

My wife and I are in legal dispute. She has paid 10% and I have paid 90%. Now i dont want register the flat.

Any path foreward.

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