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monibernfern (service)     12 May 2010

Re sale of flat on compulsion by siblings

I am the owner of a 1 BHK flat  which was purchased by my father in the year 1959. My Father  nominated my mother in the society register but she passed away prior to  him and thereafter my  father  nominated by younger brother. However as my younger brother used to travel a lot and was not in Mumbai many a time, hence  by way of an Affidavit he nominated me in the year 1979 two years after my father's death in 1977, that too after the Society insisted that it is 2 years since our father’s death and the flat is still not transferred to the nominee’s (i.e. my  brother;s name). From 1979 my I am the nominee/owner of the flat.  However since past two years  i.e. almost  32 years after my father’s death,  my sisters  ( 3 in all, of these the eldest passed away a few months back)  are now insisting that the flat of their father be sold and the proceeds be distributed among all five siblings (including 2 children of the deceased sister). They are alleging that the transfer was done fraudulently by the Society and they should have been informed. However I may mention that since the past 30 years they have not once laid any claim on the flat. Until recently.

 I wish to know can I continue to live in the flat until my death or do I compulsorily have to sell the flat and live elsewhere.  Can my sisters  force me to sell the flat. ? I do not have any other place to live.



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 1 Replies

Audry Fernandes (nil)     12 May 2010

I would like to inform you that you are the nominee/holder NOT owner. The owners are you and your remaining siblings. The nominee does not become the owner.

I however do not know whether the others can compel you to sell the flat. I too would be interested to know this.


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