Sale of flats

Querist : Anonymous (Querist) 24 April 2024 This query is : Resolved
I have own one flat among four flats in chennai. Four owners are different owners. One of the women owner of Flat is died 15 years back and her husband's where about is unknown to us. The brother of deceased owner enjoy the benefit of that flat since then. There is no legal transaction between the brother and sister for the right on the Flat. Now all other three owners are willing to sell our respective flat which not possible as the fourth owner is NOT alive for signing the documents. In this situation what will be the legal way of selling our flats to the third parties or any builders.

Follow Query

Report Abuse

T. Kalaiselvan, Advocate (Expert) 24 April 2024
The brother of the deceased owner is not the legal heir.
If the flats are on individual names then you can sell your own flat independently.
You three can sell your flats alone leaving aside that property.

Querist : Anonymous (Querist) 24 April 2024
Since the Flats are old, can we destruct all flats and made a JV with builders for constructing a New Flat and in this situation what is the legal procedures for the same with the absent of the fourth deceased owner.

kavksatyanarayana (Expert) 24 April 2024
When the husband's whereabouts are not known, you did not mention their children who are the legal heirs. Ask her brother to get a declaration suit for the flat from the court. It will take some time.

T. Kalaiselvan, Advocate (Expert) 24 April 2024
In the absence of one of the shareholders you have no option than to file a suit for partition and for separate possession of your share after which you can go for joint development agreement for developing your own share of property.

SIVARAMAPRASAD KAPPAGANTU (Expert) 26 April 2024
The query seems to be an academic question with many issues included. Anyhow, if it is a query based on real events, the legal issues can be solved duly by considering the following:

1) The husband of the original Owner's whereabouts are not known.
For how long?
2) Was it before the owner (his wife) passed away or after her demise?
3) FIR is lodged about the missing Husband at the Police Station and if so, is a copy available?
4) Any information about the Class I heirs to the deceased owner other than the Husband allegedly missing?
You mentioned merely Brother. Is he a blood brother to the deceased? If so, the Brother comes under Class II heir and if there were no Class I heirs to the deceased owner it is possible, that he can inherit the flat subject to a condition, inter-alia, duly filing a Suit for Declaration of Death regarding the Husband of the Owner if the husband has been missing for more than Seven Years.

Therefore, if the present occupant of the flat (stated to be the brother of the deceased owner) is cooperative, ask him to approach a local capable and dependable Lawyer with replies to the above queries and all the documents including the Title deed of the property, death certificate of the owner, Will if any written by the owner, FIR if any lodged about her husband missing, etc. and get proper guidance and possible further action.

If all 4 apartment owners decide to give the property for redevelopment, you may seek the help of the Builder to help in this issue, provided he is dependable and honest.

P. Venu (Expert) 26 April 2024
How is the property managed - as a cooperative society or an apartment complex?

Is the brother who is the occupant of the 4th flat willing to join others in disposing of or in redeveloping the property?