Dear Sirs,
We are residents of Mumbai. My father-in-law, deceased long ago, was staying in MHADA (Maharashtra Housing and Development Authority) in a suburb of Mumbai. He had one son and six sisters, of whom one sister passed away a few years ago. All sisters are married and have children and grand children.
The above colony, comprising of only ground floor structures (called 'chawls'), are presently under redevelopment. On completion of construction, the developer would accommodate all the residents of the colony in a few high rise buildings and would utilise the remaining land for commercial exploitation. The developer has paid a lump sum to all the residents of the colony at the time of vacating their houses and are presently paying them a monthly amount - for the purpose of renting suitable accommodation till the time the buildings are ready for occupation.
By virtue of his being only son, my brother-in-law was staying with my father-in-law. After the demise of my father-in-law, my brother-in-law continued to stay in the same house, till the colony was vacated and construction work commenced. In future, when the flats are ready and allotted (may be in a year's time), it is presumed that he would occupy the flat himself, depriving all his sisters of their lawful shares in the property.
My brother-in-law has not shared any monies that he has received from the developer with his sisters.
My father-in-law did not leave a will.
I request your kind advice on the following points:
1. Are the sisters legally entitled to equal shares in the property? The property is not ancestral. It was bought by my father-in-law.
2. Can the sisters send him a legal notice asking him to share the property with them?
3. Is the deceased sister (or her children) entitled to a share in the property?
4. Is it necessary to obtain a Stay Order from court to prevent him from occupying the flat?
I shall be grateful if you could provide necessary legal advice asap.
Kind regards,
K Prabhakaran
