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VM (pqr)     22 February 2010

To get the ownership & possession of residential flat

After the demise of my father, my elder brother tactfully got the residential flat which was vacant   transferred  in his name via some kind of a nomination papers. Now my brother is denying me my right of 50% share saying he is now the full owner of the flat and also have captured the flat in full and not allowing me any access at all.


What remedy & process I need to do,to get back my rights over the flat and the possession.

 

1) How much court fee I need to pay 2) How will I claim my share of possession / value of flat at market rate.3 ) In which court do i need to file the suit of declaration or file a suit of Partition 4) Do I need to file a criminal case against my brother for cheating / fraud / breach of trust. 5) Do I need to put a case on the society also for not following a fair & better process for not informing all the legal heirs and executing due care before transferring the flat in my brother’s name. 6) How will my name get's registered / acknowledged.

Pls advise and thanks for the attention and timely help



Learning

 5 Replies

Anil Agrawal (Retired)     22 February 2010

Some kind of nomination papers? I am sick of hearing such expression from educated and learned people.

2. Remember nomination is not ownership. If only your brother and you are the legal heirs of your father, each one of you is entitled to 50% share. Court fee depends on the value of the property. The max is 75000. If you are in Maharashtra, you have to go to the HC. Cost of lawyer approx 50000.

Time: If you are young, in your life time.

Download and read the judgement.


Attached File : 35 35 lic nomination sarbatidevi sc.pdf downloaded: 244 times

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     23 February 2010

Your similar quarry has been resolved in expert section. Refer to those replies.

adv.d.s.jodhi (lawyer)     24 February 2010

you have to pay 1/2oourt fee for posession and Rs.200 for declairation and injunction. you have to fiel suit where the property is situated and that too in civil judge senior division , you can claim half share as well as half ownership and also can ask for stay that till disposal of suit no third party transaction be tooks place by opposite party.

VM (pqr)     03 March 2010

Dear Mr. Joshi,

Pls give me your contact details. How can I expedite the case and put some kind of ristriction immediately.

thx,

VM (pqr)     03 March 2010

Dear Mr. Makkad,

Whats your take on this. Can you help with your opinion?


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