Flat transfer
Anupam Jadhav
(Querist) 16 December 2013
This query is : Resolved
Dear Sir,
My parent owned a flat in Thane since 2002 in agreement first name is my mother and second is my father, I have elder brother and elder sister. My father died in 2008 we stayed together as one family later my brother got married and me also due family fights we three of us purchased our own flat in 2010 and stayed separately. now my brother claims after my father he own the that flat because he is elder then us and my mother support him which is unfair with me and my sister we too are equally owner of that flat we argued with my mother on this she said if you want to argue with me then she will sell the flat and keep money with her.
Can my mother transfer the flat to my brother name.
Does she need NOC from us before transfer or sale of flat.
What legal action I can take to stop her from transferring or sale of flat.
ajay sethi
(Expert) 16 December 2013
no your mother cannot do so . your father was 50%owner of flat and died intesate . his 50%share would be inherited by his legal heirs including you . contact a local lawyer . file partition suit
prabhakar singh
(Expert) 16 December 2013
Well! Your mother is absolute owner of only 1/2 share of the flat and rest 1/2 of your father share has after his death devolved upon your mother, your elder brother,you,and your sister equally.Thus your share in the flat is 1/8.
To claim the same you should file a suit for partition and injunction in civil court.Visit a nearby Civil Lawyer.
Rajendra K Goyal
(Expert) 16 December 2013
Well advised by the experts, agree to it.
T. Kalaiselvan, Advocate
(Expert) 18 December 2013
