first & second holder in a flat
Querist :
Anonymous
(Querist) 30 January 2011
This query is : Resolved
FACTS
1) I hold a flat in mumbai since last 30 years. The share certificate of the flat shows holders as - Kunj bihari AND brij bihari (myself). both holders have paid in equal towards the flat purchase.
2) the current status is that I (brij bihari) alone reside in the flat with my family and i am in its complete possession. where as kunj bihari has been living elsewhere since last 15 years.
3) Each of us pay 50% of the maintenance bills to the society. but i alone pay the electricity bills.
Questions:
1) the share certificate states kunj bihari AND brij bihari (myself). i am not specifically stated as the second holder. it is obvious that two peoples name cannot be written as first and hence one name would preceed the other -- is it fair on my society's part to even state that i am the second holder?? the society has been saying i am the second holder on the flat and that they recognise only the first holder (i.e. kunj bihari). if i am the second holder, please could you tell me my rights and the first holders rights.(which act or book should i read to understand my rights clearly)
2) do i have nomination rights for my 50% of the flat holding?
3) Can kunj bihari at all make a nomination of 100% of the flat in favour of his son, eventhough he has contributed and owner of only half the flat.
3) i am given to understand that it is mandatory (by law) for kunj bihari to mark me as a nominee on the flat? is this correct?
4)can i (brij bihari) stand for society elections and have voting rights? can i attend society agm?
Querist :
Anonymous
(Querist) 01 February 2011
Dear Sirs,
Request you please reply to my above query asap. thanking you
