Co-owners in a court battle since 30y- redevelopment query

Sir,

In absence of any clarification to the contrary, your grandfather Jaikishandas and your grand aunt Maishri are considered to be equal owners. The children of both, Jaikishandas & Maishri, have equal rights in the property.

However, as the case is already with the Hon. Court as you write, it is advisable to lodge your claim.

Kishor Mehta

dear Mr mehta, my case is similar to above case of except that it is recent one.

My father and me were joint owner of flat in CHS, father expired leaving nomination in my name 50%, mother 25 and one brother 25, since society is undergoing RD and want to finalize signing agreement with builder but none of my other members want to apply for membership and resolve issue as they want me to share equally after flat is sold and want me to give in writing whereas i say since i had contributed 50% in purchase of sale i should get my 50% plus 50% of fathers share , what should be done, can society on their own enroll all nominees as members?? becoz byelaws doesnt permit this unless application for membership/indeminty bond is submitted. pl give solution. as other members are thinking that since my share is big i will struggle

dear Mr mehta, my case is similar to above case of except that it is recent one.

My father and me were joint owner of flat in CHS, father expired leaving nomination in my name 50%, mother 25 and one brother 25, since society is undergoing RD and want to finalize signing agreement with builder but none of my other members want to apply for membership and resolve issue as they want me to share equally after flat is sold and want me to give in writing whereas i say since i had contributed 50% in purchase of sale i should get my 50% plus 50% of fathers share , what should be done, can society on their own enroll all nominees as members?? becoz byelaws doesnt permit this unless application for membership/indeminty bond is submitted. pl give solution. as other members are thinking that since my share is big i will struggle

Sir,

[1] In absence of mention of any specific percentage of shares in the registered deed to the flat, it is taken as equally owned by the joint owners.

[2] Nominees are only trustees of the property and not the owners. If there is no Will, then all the beneficiaries shall have equal rights to the share of the deceased.

Under the circumstances, while you are the owner of the 50% share of the flat, the three of you shall share equally in the 50% share of your father.

[3] The society can only transfer the share certificate according to the terms of the nomination form. Once again I would stress the point that "Nominees are only trustees of the property and not the owners".

Regards,

Kishor Mehta

thanks mr mehta for replying, according to your reply and understanding the fact that nominees are only trustees then why in society nomination form there is coloumn to mention relation and next to it percentage are required to be mention. in my case my own 50%+ 25% = 75% ,why cant soceity resolve issue by issuing new share certificates by mentioning percentage against my name and other nominees.

My one of brother has long sighted cunning plan to keep title hanging and then once Redevelopment is finish , he will rent out the flat without taking my consent and keep on milking rent for himself, this is only the reason they are not coming forward to nominate my mother in place of fathers name..

finally what can happen in my case?? will RD builder will make nee agreement in my name only and my fathers name as it was before? as area of flat will increase and agreement has to be registered , in such scenario what i can do to protect my right?? others are least bothered as they had not invested even a single penny and want trouble for me, if u can suggest some method and advise some lawyer then i shall be obliged. pl help me

thanks mr mehta for replying, according to your reply and understanding the fact that nominees are only trustees then why in society nomination form there is coloumn to mention relation and next to it percentage are required to be mention. in my case my own 50%+ 25% = 75% ,why cant soceity resolve issue by issuing new share certificates by mentioning percentage against my name and other nominees.

My one of brother has long sighted cunning plan to keep title hanging and then once Redevelopment is finish , he will rent out the flat without taking my consent and keep on milking rent for himself, this is only the reason they are not coming forward to nominate my mother in place of fathers name..

finally what can happen in my case?? will RD builder will make nee agreement in my name only and my fathers name as it was before? as area of flat will increase and agreement has to be registered , in such scenario what i can do to protect my right?? others are least bothered as they had not invested even a single penny and want trouble for me, if u can suggest some method and advise some lawyer then i shall be obliged. pl help me

Sir,

[1] You have not informed who is in possession of the flat? Possession has much importance in such cases.

[2] Since your name is already included in the Registered Deed, your name has to be there on the records of the Society, as it is mandatory for the Society to keep copies of the sale deeds on record.

[3] The Society is governed by the rules of Co-Operative Societys' Act. The act does not allow the Society to partition, it can only follow the instructions given in the nomination form as far as the Share certificate is concerned.

[4] You may write an official letter to the Society informing that you are the co-owner of the flat and at the same time a major share nominee of your father, and that no transactions are to be entered into as regards the flat without informing you and taking your sanction.

You will have to stand your ground and fight for your rights.

Regards,

Kishor Mehta

Sir,

[1] Who has the original Deed to the flat?

[2] In absence of any compromise, the new deed will be made out in the original two names. However this is not possible as a deed can not be registered in the name of a deceased person.

[3] You may, therefore, consult a good local lawyer and lay your claim at an early date to save your rights.

Regards,

Kishor Mehta

sorry for late reply, thanks for your guidance and i had informed society in writing that no decision should be taken regarding flat etc etc as per yr advise, now I have one vital question in my mind looking in to attempt of brother to rent out flat without my consent, after RD is over , can they rent out without my consen?t , if they do with thinking that i do whatever i want and keep on milking rent then what action i should do in advance to protect this to happen?

ALSO, can society on their own place name of my mother in place of fathers name ?? is CHS has a right to do so, as it will be against byelaws which clearly state that one has to apply for membership and also submit indemnity bond, if society does that can mother rent out without my cosent?? legally is it correct to conclude that nominees are trustee and cannot even occupy flat?

can i put caveat/stay from court to protect myself, which is best option in such case .

Sir,

You have not stated [1] who is in possession of the flat?, whether you yourself reside there? [2] Who has the original deed to the flat? [3] Whether the deed is duly registered? [4] Whether there is any internal understanding within your family?

It is very difficult to understand a problem unless relevant details are made available.

I have never stated that nomnees can not occupy the flat, please do not twist my words to make out any illogical meanings.

Regards,

Kishor Mehta

dear mehta,

1)flat is vacant and everyone has access to it

2)Original deed is with me

3)yes the deed is registered

as regards to twisting yr statement pl refer once again what i have wrote in my earlier message, it is question to u and not conclusion,i had read somewhere High court judgement that nominees are not owner's and have no right to occupy deceased premises, in such case of family dispute CHS will ask for succession certificate,Mr MEhta we never intent to twist any communication as u are providing valuable guidance to common public and sorry if u ever felt that i am twisting communication.

My question as regards to renting out without my consent still remains unanswere, however i had recvd reply from other forum that it would be illegal and criminal act should someone does this and CHS shalll never give consent to this unless lease agreement is signed by me.

In my case as on date only I remain legal joint owner of flat and only i can access the premises , as all others are still nominees and CHS has right to acquire share of deceased members as per bye laws should no one comes forward.

I wish to add on your question asked abt original deed etc, pl note that simply somebody having original deed doesnt waive right of anyone, earlier original deed where taken away by registration dept during registration , many flat owners doesnt have original deed.

thanks for your participation in my queries