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mike (mr.)     15 January 2012

Family property dispute

sir,

the disputed property matter goes on this way.my father and his older brother who passed away 2 years ago in the usa built this flat in  maharashtra lived together as a joint family until 1993 when he moved to usa in 1993. the flat built then in 1968 by both the brothers was registered in the older brother's name and my father being the younger out of respect did not ask his name be included in the title.we lived in the same flat as ajoint family as well had a joint family business.after my fathers older brother moved to usa in 1993 he left behind my aunt i.e their youngest sister in the flat  in the portion which he occupied and since then she has been living in half of  the 2 bedroom flat for  almost  20 years for free.my aunts 2 sons live in the usa  for 12 and 20 years respectively but  my  aunt loves to live for free so has made no attempt to move out since she gets to live by herself in half of the flat for free .on the other hand after my dads brother moved to usa in 1993 my father has paid all the bills that  include society maintainance charges,electric bill for the entire flat,municipal corporation property tax and regular wear and tear repairs for the last 18 years.in the last 18 years since he moved my father has constantly asked his brother to have my aunt pay half of the bills but has gotten no response.my father has infact asked my uncle to settle the flat issue and take half of the market value and just transfer the flat inhis name but every time my uncle keeps saying that where would my aunt go and he cannot throw her out on the street..until 2 years ago when he passed away without settling the flat dispute.

now for the past 2 years my father has has been trying to settle the matter with my uncles sons who are very well settled in the usa ,but  becoz of their greed he hasn't been able to settle the matter with them.my father has been asking  his brother to settle the flat  back when it was worth 7 lacs and take half of it .but more recently since the real estate in india has gotten very expensive they have constantly raised the amount and by the time  say within 3-4 months when my father manges to save half of the new amount they keep raising the value to a ponit where he offered them 25 lacs and they  still insist its less.the only thing his sons tell my dad is that if you are uncomfortable staying here you may leave and offers them zero money for leaving the flat which my fatther and his brother built in1968.

More recently since my dads brother has passed away and since my dad has paid all the bills of which he has the recipts what kind of legal rights does my father have as far as having it transfered in his name.the flat is still under my dads older brother's name in the society as well as with the corporation.



Learning

 1 Replies


(Guest)

now after death of your uncle, the owner of the flat is uncle's legal heir who settle in the US.

since yours is a joint family and your father has a right to possess,use the flat, your father is a co owner of the flat. since for 18 years your father paid the bill, he is a co owner of the flat.

you , instead of purchasing the flat, better claim partition for the flat.


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