Flat transfer

Guest (Querist) 15 March 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 is totally uncooperative and refuses to 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, bypassing B1? What's the best way to deal with B1?

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Devajyoti Barman (Expert) 15 March 2013
Yes, B2 can stay in the flat. The Society may include his name in the register in respect of 2/3 share.

Adv k . mahesh (Expert) 15 March 2013
yes b2 can stay in the flat

Guest (Querist) 15 March 2013
Thank you very much Sir.

ajay sethi (Expert) 15 March 2013
society won ttransfer flat in name of b2 due ot B1 objection . obatin letters of adminsitration from bombay high court . get flat transferred . however b 2 can stay in said flat

Raj Kumar Makkad (Expert) 16 March 2013
A registered relinquishment deed is required by both brothers who want to relinquish their share in favour of B2 and thereafter the society shall be bound to transfer 75% share in his favour and he shall be free to get the possession and do reside in the mentioned flat.

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