Possession to 50% of flat
Ubuntu
(Querist) 20 October 2015
This query is : Resolved
We have an ancestral 600 sq flat in a housing society . It belonged to our grandfather. After his demise the Flat came to be transferred in the joint names of his two daughters - A & J who were then his only surviving heirs. Both daughters- A & J were married had families and have since expired 10 years ago but the flat is still in the name of Late sisters since there was no unanimity amongst legal heirs of A & J . A had not filed any nomination nor made any Will and even today there is dispute amongst the six legal heirs of A . However J had filed nomination & there is no dispute amongst the three legal heirs of J . The legal heirs of J have obtained Letter Of Administration from High Court & submitted to Society. Society has therefore transferred 50% rights in the said Flat to legal heirs of J . The Flat is in possession of one of legal heir of A. Now legal heir of J ( who are staying elsewhere in rented Flat ) want to occupy 50% of the Flat . As of now legal heir of J is member of society , paying society bills & holding Flat Share Certificate. Can the legal heir of J go & occupy the Flat? What remedies do the legal heirs of J have now as they are still deprived of the Flat premises?
Isaac Gabriel
(Expert) 20 October 2015
It is the duty of the society to ensure the 50% right to you. If not acceded to, no other go except filing suit.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 21 October 2015
1) Better arrive at Mutual settlement Considering prem hi sukhaka sar hai to avoid lengthy dispute
2) File declaratory suit
Rajendra K Goyal
(Expert) 21 October 2015
Amicable settlement is the only best way which can provide immediate result.
If not possible, consult local lawyer and file suit.
K.S.Srinivas
(Expert) 21 October 2015
I agree with Sri Rajendra K Goyal.
