Anand Shah (Office Administrator) 23 December 2009

Dispute in Title of Flat

Sirs / Madam,

This is a peculiar case wherein a flat was purchased in Mumbai in the name of HUF. The Agreement is in the name of the HUF. The Shares certificate is in the name of karta in his individual capacity i.e. without mentioning "as karta of...". Society's maintenance bills are raised in the name reflected in the share certificate. The Karta had given POA in favour of his son to look after his property wherein he had clearly mentioned that the said flat in in the name of the HUF. The Karta, who is now deceased, had made nomination in favour of his wife and daughters, excluding his one and only son, based on which his wife had applied for membership of the Society. In the meantime the Son had raised objection to transfer of flat in the name of his mother. A suit is filed in The City Civil Court restraining the mother to get the flat transferred in her name or in the name of any third party. Can you the learned people please guide me in the matter? Kindly help.

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6 Replies

Adv Archana Deshmukh (Practicing Advocate) 23 December 2009

Nomination does not give exclusive ownership to the daughter and wife over the flat. Son's share in the flat cannot be excluded as such. The son has his undivided 1/3 share in the flat and he has every right to restrain the mother from getting the flat transferred in her name or in the name of any third party.

Anand Shah (Office Administrator) 23 December 2009

Madam,

Thanks for the reply. I would be obliged whether the flat will be considered as an Individual property OR an HUF property in view of the share certificate which is is the name of the Karta as an individual.

Moreover, there are 4 parties in the said case - Mother, 2 daughters and a Son.

In view of the same :

will the Son be entitled to 1/4 th OR 1/3rd share in the flat.
will the Son be entitled to share whether the flat is considered as an HUF property OR an Individual property?
What will be the consequences if the Karta has made a WILL, even though it is not registered.
Can the xerox copy of the WILL be registered?

Kindly help.

Rgds,

Vijay Shah.

Adv Archana Deshmukh (Practicing Advocate) 23 December 2009

The son will be entitled to a share in both the cases. If there are 2 daughters the property shall be divided in 4 equal shares of son, Mother and 2 daughters each. The son shall get 1/4 share.