Fathers property goes to??
adv nishant
(Querist) 20 December 2008
This query is : Resolved
Dear every1..
I am writting with a lot of hope..i hope some bright minds from the legal faternity would surely reply back and give some suggestions...
My father died in the year 1991 leaving behind me(a 5 yr old son),my mother and my elder sister(who was 10yrs old back then)...my father had a house in a co-operative hsg society in mumbai in his name..as there was no nominee..so after my fathers death in the year 1991 a appendix 3c was submitted by my mother to the society requesting them to transfer the property in her name..
and for the past 17 years the house has been kept locked as we all live in New Delhi and my grandfather does not let anyone of us go and as he has the keys and all the orignal papers of the house..and as indian joint families are we did not have the courage to disobey him..but in the year 2007 we were informed by the society that the said property is jointly held by my mother and my grandfather..and when the appendix 3c was submitted to the society there was a clause in it which said "as there is no (the NO is then crossed with pen) one more heir Mr (my grandfathers name) who is related as father of the deceased to Mr (my father),his name may also be enroled as Joint name to the membership."
it is this clause made my grandfather the joint member..and we were really shocked when we were told about this in the year 2007 by the society as for the past 17 years it my mother who has been sending all the maintaince charges and all other expenses for the flat..and my granddfather has never spent a single rupee on it..and now when i confronted him 1st he said that as the furniture was mine that is why my name was added as a joint owner,then he changed his statement and said that as he had paid the black money (cash money) for buying the flat that is why he is a joint owner and now he claims that as the owner was his son (my father) hence that is why he is a joint owner..
presently my mother is suffering from a terminal illness and has not much time to live in this beautifull and not so beautifull world..the last and only wish that she has is to have her property back to her name.. i therefore request each knowledgeable member of this forum to reply back to my query as soon as possible before its too late..thanking you..
adv nishant
(Querist) 20 December 2008
few more details regarding the above property..the property was a self acquired one by my fatehr..and 2ndly we are hindu's as religion is required for answering such queries i belive..
Prashant Kumar Jha
(Expert) 21 December 2008
firstly u give repersantation to the society that there is legal heir of ur father ie you ,your mother and sister.and how the society knew that there is no heir ,for this u will have to prove by taking succession certificate from court. the maintinance charges paid by ur mom also proves that being legal heir of ur father she is paying. so don't worry firstly u represent to ur society by written protest letter and in the mean time you must apply for succession certificate.
adv nishant
(Querist) 21 December 2008
Dear Sir but applying for a sucession certificate 17 years after my fathers death would the court's provide that??and more over i did ask the question that is raised by you but the society says that we have no idea about anything and we have no records related to your flat,we dont even have a copy of the share certificate..and more over my mother had applied for nomination in the month of may..but almost 7 months have passed and yet we have not recived the nomination documents back from the society,as my grandfather knows a few people in the society so that is why my grandfather has influence in the society..please help...
PALNITKAR V.V.
(Expert) 22 December 2008
Dear Nishant,
There should be no problem in getting succession certificate even now. In fact if show documents to prove that you are the legal representative of your father, the society is authorised to pass a resolution in your favour. If the society doesnt, then you may file plea for declaration the you are the legal representative of your father, that the property is self acquired property of your father and that you are the owner thereof.
Legal Eagle
(Expert) 24 December 2008
I suggest you once again send a reminder to the Society. IF they fail to reply in that event it would be appropriate that you appoint a good Advocate and take appropriate steps. In the mean time also initiate the Succession Certificate. The courts will surely consider the case. If you sleep any further on it, it will be your mistake. I also advice that you start staying in the said premises. Keep all the payments slips and passbook copies for record proving that your mother paid all the charges for all these years.
PALNITKAR V.V.
(Expert) 15 January 2009
Dear Nishant, I hope all your doubts are cleared. As suggested by Kashmira, you should occupy the premises, pay the outgoings by cheque or draft. Start proceedings immediately. First important thing is to enter into the premises. Remember, possession is nine points in law.
