Transfer of flat
Guest
(Querist) 25 February 2013
This query is : Resolved
We are a family of 4 siblings.
My father bought a flat in Mumbai in 1980. The title deed was in his name and my mother's name came second.
They nominated 2 brothers B1 and B2 as nominees.
After our parents death, we now want to transfer the flat into the names of legal heirs.
The two non nominated siblings are willing to waive their share in favour of B2,who wishes to live there, thus he will get 75% shareholding in the flat.
B1 refuses to cooperate and sign any papers.
The flat is lying vacant and the key is with one of the non nominated siblings who is paying the maintenance fees etc.
Can B2 live there with 75% shareholding?
Can B1 create any problems, legal or otherwise?
Can 3 siblings approach the society to transfer 75% share in B2's name?
ajay sethi
(Expert) 25 February 2013
on death of parents the 4 children are the legal heirs . nominee is only a trustee .
2 children who dont want a share can execute deed of relinquishment in favour of their brother .
in case B1 is non cooperative sell the flat and divide proceeds as you all desire
Guest
(Querist) 25 February 2013
Sir, Thank you very much .
But B1 is TOTALLY uncooperative and refuses to communicate in any way or sign any papers.
How do we sell the flat without clear title ?
Can B2 live in the flat without having to face any threat or legal action ?
How do we deal with B1 ?
