Partition suit. bachelor's immovable asset.
Gourang M Haldipur
(Querist) 12 December 2015
This query is : Resolved
Dear Sirs-My grandfather's younger brother had filed a suit for partition against me. In the said case I have taken up a contention that a flat in a housing society in Mumbai belonging to his elder brother(who died as a bachelor)falls back to the family on that person's death. This bachelor elder brother had nominated his another brother's daughter as his nominee to that flat somewhere around 1960. This lady died in 1968 and this bachelor brother of my grandfather died in 1979.My advocate told me that the nomination ceases to have legality as the lady had predeceased her uncle. However, inquiries made by me reveal that the said flat was illegally transferred to that predeceased lady's son on the basis of that nomination. I tried to get the details of the flat by writing registered letters to the society.They refused to give details. So I sought information under the RTI Act. That was also refused. So I issued legal notice through my lawyer asking them to furnish all information pertaining to the ownership of the flat. They issued reply notice denying all my contentions and refused to part with any information.I am told that all records of rights pertaining to ownership of flats in housing societies in Mumbai are available only with the respective housing society and are in their custody, and are not available with any Government office in Mumbai.Unless I produce the record of rights to show that the flat originally belonged to my grandfather's bachelor brother and that it was illegally transferred to the predeceased lady's son, I will not be able to prove that the said flat falls back to the family. Kindly advise as to what legal steps I may have to take to secure those documents from that housing society.
P. Venu
(Expert) 12 December 2015
The query suggests you are a Hindu. If so, the provisions of Section 8 of the Hindu Succession Act applies in this case:
8. General rules of succession in the case of males.-
The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter-
(a) firstly, upon the heirs, being the relatives specified in class 1 of the Schedule.
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule.
In the instant case, mother alone could be Class 1 heir. If she is not alive the property vests with the Class II heirs i.e. siblings if your brother had died intestate.
The nomination is significant only to the extent that the nominee holds the property on behalf of the legal heirs. A nominee is only a trustee.
Rajendra K Goyal
(Expert) 12 December 2015
During the proceedings court can call the society to depose.
Kumar Doab
(Expert) 12 December 2015
Agreed with experts.
Try RTI route thru Registrar's office.
Better engage the services of an able counsel specializing in such/property/revenue/family/civil matters and well versed with local laws and move court.
K.S.Srinivas
(Expert) 14 December 2015
File RTI application to the Society requesting to furnish required information.
T. Kalaiselvan, Advocate
(Expert) 20 December 2015
You cannot procure concrete information though RTI act. If you think that yo are entitled to a share in the property then you an file a partition suit impleading the present occupier as a party among others and also can plead that the nomination will not entitle to a share or right in the property.
