My Father and mother has a flat in the Joint name with equal nominations i.e. 25% each in my name, my two other elder brothers and one elder sister. My mother expired in April'2011. We three brothers and sister are married and settled in our own ownership flats. Due to my father's unadjustable nature, despite our insistence, my father started staying alone in the flat which is in the joint name. We three brothers and Sister visit him and enquire his health turn by turn when ever we get time. A female maid servant visits my father's place and does washing, sweeping and cooking on a daily basis. During one of my recent visit to my father, along with my family, I got the shock of my life, that my father has sold the flat without involving all of us to the maid servant for a consideration value of of Rs.5,00,000/- when the actual flat cost is around Rs.50,00,0000 to Rs.55,00,000/- (Market Value). The society has issued the N.O.C. without informing us. The whole sale deed has discreetly done without we three brothers knowledge and my sister. Few of the society members have informed us, that the lady is absolutely penniless, and she has influenced and hypnotised my father in acquiring the flat. She is also taken few of my mother's jewellery which has been kept in the house. My father is 87 years old and in good health.
My Queries:
a.) Can the society give the N.O.C. despite, the flat was in the joint name and immediately after my mother's death, understand, we the legal heirs automatically share the 50% of the property. Moreover, the society has the records that we are the equal nominees. The society has also got all our addresses in the nomination form.
Can we take legal action against the Managing Committee members. ? And what will be thier response.
b) Can we take legal action against the maid servant, who has influenced my father taking undue advantage of 1) my father's age, 2) staying alone in the flat, 3) We do not stay with him and visit him occassionally.
What will be her stand ?
c) Can we take legal action against the registrar, since the flat got registered with the registrar's office and registration has been taken place, without verifying the proper details despite we being the legal heirs of the property..
d) Can we take legal action against my father, who despite having his son's and daughter and grand-sons and grand daughter's has sold off the flat to a maid servant for a meagre consideration value of Rs.5,00,000/- discreetly.
It has also to be noted that, the consideration value of Rs.5,00,000/- was also been funded my father to the maid servant from his savings.
e). How will this agreement be proved as illegal, Null and Void ?
f). Once this is proved as Null and Void by the honorary court, what is the procedure of cancelling the sale deed and re-register in my father's and our names ?. Do we again need to pay the stamp duty and registration charges ?
Please advise, immediately to take appropriate action against all involved in this illegal sale.
Regards,
Ramesh
