Transfer of flat
KK
(Querist) 02 February 2015
This query is : Resolved
Our father is no more and there is a flat in his name in Mumbai. We are 4 siblings A,B,C,D ( C and D are nominees)and thus each one is 25% co owner of the flat. The flat lies vacant since 7 years and now D wishes to occupy the flat.
A and B want to relinquish their share in favour D making him 75% co owner,but C neither wants to sell or buy from D to give him clear title of the flat, and threatens not to allow D to stay there.
Can D stay in the flat with 75% ownership title or can C create a problem?
Is there a way to bypass an uncooperative C,and let society transfer the names in 25-75 ratio?
ajay sethi
(Expert) 02 February 2015
on demise of father D is one of legal heirs to flat . D as co owner can stay in flat . if C has any objection let him move court for necessary reliefs
KK
(Querist) 02 February 2015
Thank you Mr.Sethi Sir.
What about the society transferring the name from father's name to D's name without NOC from C?
KK
(Querist) 10 June 2015
Mr. Sethi Sir, C's lawyer is insisting that nomination means ownership (though we all know its just a trustee) and everytime mediation comes calls it connivance of 3 siblings against him.
What is to be done of such lawyers who have this kind of attitude? Is legal recourse the only way out then?
