Gifting the residential flat in co-op hsg society in mumbai.

As the property originally belonged to your father and as it was not self-acquired property in the hands of your mother, your sisters can have claim in their father's property. Now it is 11 years since your mother died. Have your sisters made any claim?

In fact it was a govt requisioned flat from landlord , subsequently de- requisitioned for which father paid some consideration to the landlord to admit him as tenant post de requisitioning . He paid some consideration to the landlord to admit him as tenant. Can this not be called self acquired property as he has not inherited from anyone. That being the case will legal position be different.

Pls guide

Thanks

Deepak 

Your father was a tenant and not an owner. Tenancy can also be inherited. But ownership and tenancy are different.

What about the title documents?, on whose name is the title vested?  If your father had purchased it, did he have a sale deed registered on his name?, how did your mother acquire the property on her name after your father's demise?, If she acquired on her own without considering the share of other legal heirs or getting a consent or registered release deed in her favor, such transfer can be questioned and her title itself will be under scanner, therefore if she is not having proper title to the property the gift deed executed by  her in your favor will also be considered as invalid.  However, as a precaution you may get a release deed from your sister in your favor and get all the records transferred on your name on a  mutual understanding with her. If she has not questioned about this transfer so far, you may leave it as it  instead of reopening the dead issue.

@Adv. Kalaiselvan According to the original post it appeared like an ownership flat. But subsequent clarification says that it was only a tenancy right. Previously tenancy right was not inheritable. But later when the concept of permanent tenant came it became inheritable. A tenancy is an agreement between a landlord and a tenant. Is it possible to partition among several heirs? In a tenancy right the landlord also will be involved.

Sir, Sorry for mileading facts. The correct order of events is as follows: Originally father was govt employee staying in Govt. requisitioned flat. Post de-requisition he became proper tenant on payment of consideration.( As landlord wanted to sell the property to builder he wanted unanimous consent of all he was willing to admit as tenant. Govt no more requisitions premises as they have Govt. colonies ) Post this event landlord sold the entire building to developer. A society was formed with erstwhile tenants becoming share holders and owners of the flat.Does this alter the status of property as self acquired or inherited?

When documentation was prepared MOU signed by Landlord/ tenants and builder Father was original owner of the property . He mentioned names of mother and myself in the document as other nominees. ( sisters names were not mentioned there. Inspite of that they will have right of inheritence as per law?( succession/inheritance or whatever law applicable)??

Can tenancy he inherited even if daughters are married and staying in husband's place?

Kalaiselvan Sir,

As mentioned earlier in the  mail MOU signed by landlord/dealer and father  Mother and me were mentioned as nominees in case of death.  This was much before the building was constructed. Father died while before the construction could begin. Post that my mother was admitted by the society to be the shareholder and  owner after consent by all. I was registered nominee in the society for the flat. Some family members tried to change the nomination by misleading mother while  I was away.  Post which mother gifted flat to me  by executing gift deed and paying Tax on gift , registering etc.Society passed resolution in meeting and I was admitted as shareholder and certificates were transferred in my name.

Hope this will clarify the matter

If the flat and share certificate are now in your name just sit tight. If your sisters want to make a claim they will have to go to court. It will take ages for a court order. Neither the Society nor the Registrar can act on this matter.