Transfer of flat
sudha
(Querist) 27 October 2012
This query is : Resolved
i AM THE ELDEST SON IN THE FAMILY. mY MOTHER EXPIRED. nOW MY FATHER , MY 2 YOUNGER BROTHERS AND ONE SISTER ALL MARRIED ARE LIVING. oNE FLAT IN bORIVALI WEST MUMBAI
WAS IN MY MOTHER NAME. nOW MY YOUNGER BROTHER AND MY FATHER STAY THERE. bUT i LEARN THAT MY YOUNGER BROTHER HAS TRANSFERRED THE FLAT IN HIS NAME WITHOUT MY CONSENT OR CONSENT OTHERS I.E. MY FATHER, ANOHTER BORTHER AND MARRIED SISTER. wHAT TYPE OF LETTER i SHOULD WRITE TO CO OP hOUSING SOCIETY TO CANCELL THE TRANSFER OF FALT IN THE NAME OF MY BRTOHER AND AND WHAT STEPS i SHOULD TAKE TO GET MY SHARE IN THE FLAT
ajay sethi
(Expert) 27 October 2012
did your mother make any nomination in name of your younger brother ? if your mother has made nomination society will transfer flat in name of your younger brother on execution of indemnity bond .
please note that your brother is only a trsutee . he cnanot sell the said flat without consent of other legal heirs .
write a letter to socierety and request them to inform you on what basis flat has been transferred ? ask for copy of managing committee resolution and also paperas submitted by your brother . then contact a local lawyer
Devajyoti Barman
(Expert) 27 October 2012
Do not waste time anymore. File a suit for partition and for injunction asap.
R.K Nanda
(Expert) 27 October 2012
file suit for partition and injunction in civil court to get ur share in said flat.
Raj Kumar Makkad
(Expert) 27 October 2012
All legal heirs of your mother are equally entitled to inherit her share and the action of your brother is illegal so better to first demand to cancel the transfer to the soceity and if such demand is not fulfilled then file a civil suit against your brother and society both before civil court for partition and seeking cancellation of transfer.
