Bhassker Salian (sales officer) 13 November 2009

Right of Son on fathers property

Our late father had a flat at byculla. we are totally 4 brothers and 3 sisters, all were staying till the marriage of individuals. Our mather also expired, father filed a nomination with society in favour of four brothers. Since the house is very small, other 3 brothers have to search for other flat and moved out leaving the younger brother to stay there with his family.later on we had signed a documents for transfer of flat in his name and received a meagre amount of Rs.80000/-(for 3 of us). Now the younger brother wants to sell it and keep the entire 40 lakhs with him and also built a seperate house at Bangalore.

Please tell me whether we have any right on the selling amount of Rs.40 lakh.

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3 Replies

Suchitra. S (Advocate) 13 November 2009

Sir, if the transfer of flat was the result of payment of 80,00/- to each of the other brothers as a share in the property, then, you people cannot have any rights in the sale proceedigns of that flat.

Indrajeet Dasgupta (Advocate) 13 November 2009

I don't think the flat can be sold without the signatures of yours sisters. They each have 1/7th share in the property. If the Document for transfer was a registered sale/gift deed you brothers don't have any right. If not you still have the right in the property.

Vineet (Director) 13 November 2009

I agree with Mr Dasgupta. Even if you brothers have transferred their right in the property to one brother, the rights of daughters still continue in the same unless your father has made a will in favour of only four sons. Hence, your brother cannot get title of flat in is sole name leave aside selling the same.

Nomination of flat in records of society does not override succession rights of daughters.