Joint property of brothers and adding (nominee of one brother)
bhavipz
(Querist) 04 December 2012
This query is : Resolved
Hello All !
Here the questions is about joint house propery of two brothers J and R ..It is one plot (with the two name ownership) .On which two brothers have constructed two houses(coomon wall) .R has has ownership of 60% of plot for which he has already paid amount to J (for excess of 10% of plot) so now the ownership is 40-60 to J and R..
But ,now J is past away and his 2 daughters are asking to add their name to be added as 50% owners of property.
For this they have sent a legal notice to society and to R ( 1st tag is to society to add their name instated of J and) (2nd tag is to R to give 50% ownership to them)
Please let me know what step should R take now ( his age is 62) He want to know how 1)can we stop them adding nominee names of his brothers daughters as R is still alive.
2) If they can add their name legally,is he can add his and his wife's and 4 daughters name (total 6 names of his family)
The legal notice is under gujarat co-op society act.
ajay sethi
(Expert) 04 December 2012
ON DETAH OF BROTHER j HI SHARE WILL DEVOLVE ON HIS LEGAL HERIS NAMELY HIS 2 DAUGHTERS.
R CANNOT SOP NAME ADDITION OF LEGAL HEIRS OF HIS BROTHER .
R CANT ADD HIS WIFE AND 4 DAUGHTERS NAME . HOWEVER HE CAN MAKE NOMINATION OF HIS SHARE IN FAVOUR OF HIS LEGAL HEIRS
bhavipz
(Querist) 04 December 2012
But society members says they will not add partial nominees.they can add all nominees together or mean while this property (plot) will be in name of R is it valid?
because previously the plot was in name of B( father of J and R) after his death society has given in writing in name of J and R
So now society members are saying it invalid to add partial nomination.
ajay sethi
(Expert) 04 December 2012
R has only 50%share in the plot . balance 50%was in name of his brother as prer agreement . on death of one of brothers his legal heirs inherit his share . if your brother did not leave any nomination society cvan direct the legal heirs to obtain suucession certifcate from court .
bhavipz
(Querist) 04 December 2012
and what about amout paid by R for his 60% of his share? He should be entitled for his house share which is 60% ( he is using that house since 30 years )
ajay sethi
(Expert) 04 December 2012
was payment made by cheque? hs the deceased brother signd any document relinquishing his 10%^share in property . contact a local lawyer
Raj Kumar Makkad
(Expert) 04 December 2012
I have no to add anything in the already provided replies.
