Getting right to live at parental home
dinesh
(Querist) 06 February 2015
This query is : Resolved
I am residing in housing society in mumbai since 1989.The house is in the name of mother who died in 1990.Share certificate is still in mother's Name.My brother living in other state since last 40 years and has differences with me.If Society is goes for redevelopment then may I have to vacate this house?
The Flat is at Mulund whose registration office is Kurla-2. My brother stays at Gujarat. If my brother can not come here to do release deed or gift deed of his 1/3rd share of the said flat, then can it be executed at registration office at gujarat?
ajay sethi
(Expert) 06 February 2015
since your mother died intestate you are one of the legal heirs . make an application for transfer of flat in your name and that of your brother . when building goes in for redevelopment flat have to be vacated till new building is constructed . builder offers alternative accommodation
Devajyoti Barman
(Expert) 06 February 2015
Your brother has share in the flat and whatever you do, you can not become its absolute owner.
After redevelopment you along with your brother will get back the same again.
T. Kalaiselvan, Advocate
(Expert) 06 February 2015
Advised well by experts, you may have to be in touch with your brother without any thinking or hesitation if you have to save the house from the builder planning for redevelopment.
Rajendra K Goyal
(Expert) 08 February 2015
Get the house transferred in the name of your and your brother and other legal heirs if any.
Try to have amicable solution with your brother and save the premises.
