Mischief conducted by my younger brother
Mohammad Ali
(Querist) 02 June 2012
This query is : Resolved
We are two brothers, my father had one property in Mumbai. The landlord of said property was issuing the RENT RECEIPT on three names (i.e. first my fathers name second my name & third my brother’s name). accordingly we have registered under Shop & Establishment Act, Mumbai (with Three names). after the death of my father my brother has transferred the said property on his name without my consent in 2010 & also changed the names in Shop & Establishment Act. now one month back he also died... & landloard of this property has sold the whole building for redevelopment purpose to a Trust... now my brother's wife is trying to transfer the said property on her name...... i want know .... what should i do in these circumstances...?
ajay sethi
(Expert) 02 June 2012
how did landlord agree to tansfer of property in name of one brother only without your NOC ?
did you object ? what was reply of landlord?
Devajyoti Barman
(Expert) 02 June 2012
Mere registration of name of certain person would not disentitle you from your share unless some documentary proof is there to show your relinquishment or waiver of your right in their favour.
You better approach the shop establishment authority for inclusion of your name , else filing suit is the only option.