Dear Sir,
I have a query related to flat in Mumbai. I am writing a detailed note on the problem I face from my sisters and request for guidance.
The flat was originally purchased by my Father and it was in joint name of my Father and my Mother. I am 2nd youngest son and I have 1 elder Brother, 4 Elder sisters and 1 younger sister. The flat is in a registered society in Mumbai.
After the demise of my Mother, the names of the Father (referred as No.1) , fourth Elder sister( referred as No.2) , third Elder sister ( referred as No.3) and youngest son- myself- ( referred as No.4) were included and duly endorsed in the Share Certificate by Society and approved by General Body. At that time, I was unmarried, my third Elder sister (No.3), was unmarried and fourth Elder sister ( No. 2) was married left her husband and staying with us away alongwith her son and daughter,- all were staying together in the said flat.
The others – My Elder brother, my two elder sisters and one younger sister were staying with their family separately. Since they did not have any objection, the names of No.1,2,3 and 4 under reference ( as mentioned above ) were endorsed in the share certificate as owners of the share in the society under the said flat in the society. When I was residing I the said flat I had taken loan for improvement and I fully paid the same. I hold the copy of the share certificate with names of the 4 people mentioned above.
As on date, My Father is no more and I, having been married, have shifted from Mumbai and staying in Chennai. Since I am staying in Chennai and since my name is in the Share certificate, I was asked by my third Elder sister ( referred as No.3) to give Specific POA for attending the meeting, to vote etc.- which I executed , but did not keep a copy of the same. Also I do not hold a copy of the share certificate where My father’s name have been struck as he is no more. So effectively as on date the names in the share certificate is of the person referred as No.2 ( fourth elder sister) , 3 ( third elder sister) and 4 ( mys elf).
As on date my two sisters – referred as No.3 and 2, along with the daughter, son, daughter in law, granddaughter are all staying in the said flat. My third Elder sister ( referred as No.3)is still living single.
My relationship with all the members was cordial but however my relationship soured and strained with all the sisters for the last 6 years. My only contact is with my elder brother. All of us are 60 + of age.
As on date me and my Brother need finance and we understand that my third Elder sister ( referred as No.3) and fourth Elder sister ( referred as No.2) and her children and grand child are well off and living in the said flat.
Now my problem is – when I ask for my share – the Sisters who are staying in the said flat ( No.3 and No.2 and her children , daughter in law and grand child) do not respond positively and that they are also being supported by my other sisters ( who are married and staying separately and whose names are not in the share certificate of issued to the said flat in the society) are also threatening that I will not be eligible for any share in the said flat property and further say that if I get share , they will also fight for their share in the said flat property. My elder brother who is in need of money – says that though his name is not in the share certificate, he can claim as he had done the last rites of my Father and Mother.
Respected Sirs, I would like to know – as per law
1 my position with reference to the specific POA furnished to my Third elder Sister (refereed as No.2) for attending the meeting, voting etc.
2. Can my sisters fraudulently remove my name with the help of the specific POA given to her.
3. Can I ask the Society for a copy of the POA given to my sister which she would have lodged with the society.
4. Can I cancel the POA given to my sister and ask the society to correspond to me also
5. My position with regard to eligibility of my share in the said flat property
6. The position of my brother as per his contention in getting the share in the said flat property
7. The position of my other sisters whose names does not figure in the share certificate
Sir, Can I get a reply to my query and should I have to go through the Court and what is the locus standi of the brother and sisters whose names are not in the share certificate.
