Sir/Madam,
My grandmother passed away in 2012 leaving behind a flat for which my father is a nominee but there is no Will made by her. Further details are:
1. No. of children : 3 - 2 sons, 1 daughter (my aunt/bhua).
2.Year of death of grandmother : 2011
3. Property of grandmother: A flat in which my father and his family lived with her. My uncle lives seperately.
4. Date of framing declaration cum article 35 indemnity bond by my father: 10/11/2012
5. Signed by : My uncle. My aunt is not ready to sign the bond to help us transfer the flat in my father,s name.
6. Year of marriage of aunt: 1979
Further, we do not own any other property to stay nor we are that financially sound to give my aunt her share in the flat in terms of money value.My aunt is quite sound. She already has a flat in her husbands name and other in her son's name.
Now, the society in which my grandmother owns the flat is planning for redevelopment. However, the flat is yet in the deceased persons name.
Can the society proceed for redevelopment even though we alone are an obstacle for redevelopment due to no successor to the property? Also if the society proceeds further then in whose name will be the newly constructed flat and how to register the new flat if the matter remains disputed between my father and aunt in further years?
Please guide me. Also let me know if any further detail is required.
Thankyou in advance.