Issue of ancestor ownership flat without will among legal
Raju bhai
(Querist) 02 September 2021
This query is : Resolved
We are joint hindu family. We have 2 BHK ownership flat in a society in western subarb of mumbai. Originally property was in joint name of my grandmother and my father. While purchasing property , my father had contributed 50% and my grandfather had contributed rest. Now my grandmother is expired. I had 2 uncles & both have died. My cousin sisters (2 unmarried daughters of one uncle . Both are 45+ year old ) are still staying in that property from childhood. Presently society is issuing maintenance bill in name of my grandmother only and paid by my cousin sisters only.
Now society is planning for redevelopment as it is 45 year old building. My other uncle has 2 son.
So in 50% share of my grandmother ,
my father + 2 cousin sister + 2 cousin brother has share being legal heirs. Incase of redevelopment , if my cousin sisters who are still staying in same flat do not co-operate to sell flat to builder by way of joint agreement (according to their eligible share from grandmother quota being legal heirs,) what to do ?
We two party (my father whose name is also registered As flat owner and is alive and two sons of my other uncle who are legal heirs and has eligible share from grandmother quota) are ready to sell flat.
Is there any solution by which we two party having major share can sell flat without need of NOC from party non willing to sell ?
By chance if all parties do not agree to sell flat , how property will be treated by builder who is going to redevelop same ? Do property goes in court custody ?
kavksatyanarayana
(Expert) 02 September 2021
All the legal heirs shall execute the agreement with the builder for their shares respectively. So you amicably settle the issue without going to court for which it will take more time.
Dr J C Vashista
(Expert) 03 September 2021
Too long a story for consideration and obligation.
Be brief and specific or consult a local prudent lawyer.
