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Chitranjan Singh   14 October 2020

How can transfer of 1 flat happen from brothers

Hello Sir,

Please help and advise how can we transfer a SRA flat from 1 brother to another as names on both the flats are same suppose to be one each and SRA flat society is creating obstacles to gain the possession of property though having documents from BMC and also put a lock on the door.We took advise from lawyer and he advised to get inside the flat as they have no right in this to stop you from entering the flat.They asking to provide ID for same person as name and photo belongs to same person as on documents but BMC put second name different in both documents. Even keys were handed over by BMC but society says one person cannot have 2 flats.This was compensated in lieu of our property demolished for extension of road.



Learning

 4 Replies

Real Soul.... (LEGAL)     14 October 2020

They should request handover over of actual physical posseion from seller. If BMS handed over the keys they were suppoused to hand over the actual physical posseion . It is not advisable to break locks as thay may pave way for criminal proceedings. Just either get possesion from BMC and ask them to place you in occupation of flat physically or seek an injuction order from court.

SHIRISH PAWAR, 7738990900 (Advocate)     14 October 2020

Hello,

As per me you can approach the police station and get the possession of the flat with the help of the police, further if society is formed then you can approach the society registrar against society. 

1 Like

P. Venu (Advocate)     14 October 2020

The facts posted lack clarity. Anyhow, the society has no right or authority to interfere. 

Chitranjan Singh   28 January 2021

Regarding the above issue as it's a SRA property the society says you need to sought the help of lawyer in order to check.


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