LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Chandra   03 July 2024

Da and paaa signing by co owners of flat in coop hsg soc in mumbai

My mother, myself and my sister togther own a flat in Hsg Soc in Andheri. Myself and my sister live in another suburbs of Mumbai. My mothers name is first in share certificate, followed by me and my sister. The Hsg Soc is going for redevelopment and has declared that the developer will pay Corpus, Rent etc to my mother only as she stays there and she is going to handover the flat and as she is going to face hardship. 

I agree with this approach. However my sister(due to some instigation) is asking she should get 1/3 in all comprnsation(corpus, rent etc etc). If not, she will not cooperate in signing and registration of Development Agreement and PAAA. 

How,can DA and PAAA be registered with out her signature? All  three names will remain in the title, so she or me  are not loosing our rights in the flat. 

Please advise .

Sujatha

 



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     03 July 2024

What is the problem in giving her share of one third amount that your mother would be getting in this connection.

If you want to proceed smoothly then better avoid such petty disputes which may hinder the entire process. 

kavksatyanarayana (subregistrar/supdt.(retired))     03 July 2024

You shall proceed the issue amicably.

Chandra   03 July 2024

As a mother, she may forgo 1/3 rent, shifting charges, brokerage etc, and look for accommodation, utilising 2/3 of funds, as I would  not claim, as I feel she is entitled the whole.  She will be forced to live at far far place from Andheri where she has had lived her life as the 2/3 transit rent amount will not be sufficient to live in a nearby locality in Andheri. 

I feel she, a senior citizen, is being treated unjustly by my sister. Is there no legal remedy? Can my sister use threat of non co operation in signing  DA and PAAA? Cannot DA and PAAA be registered without her sign when her name, share is retained? That was  my query. 

Dr. J C Vashista (Advocate )     04 July 2024

What stops you to take care of your aged mother with you and let her enjoy entire share leaving your sister's share with builder / developer, if she do not agree, for amicable settlement ??? 

T. Kalaiselvan, Advocate (Advocate)     04 July 2024

You are venting out the grievances against your sister alone and at the same time you are not whispering about the monetary  support that you may extend to your mother besides giving away your share in the rental amount.

If you are so much concerned then nothing prevents you to take care of your mother at her evening period of her life 

P. Venu (Advocate)     04 July 2024

"My mother, myself and my sister togther own a flat......." How?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register