VM (pqr) 19 April 2010

Transfer of Residential Flat thru Nomination

Dear Sirs,

After the demise of my father in 2000, we are two real brothers left behind having a dispute over the flat bought by my father in his own money. I was made the sole nominee in the flat and accordningly the society made the transfer in my name.

Now my younger brother is asking for his share of 50% in the said flat. I don't know how he should ask about any share. The whole property was taken care by me since 1998, I am paying the dues of the soicety on behalf of my father.

He is going to file a case against me, the details are not known to me. What steps should I take to prevent him from doing any harm to me and to my possesion.

Pls advice any remedy if available to retain my rights over the flat. Do I need to compusorily give away the rights to him of 50% as claimed by him

Thanks in advance for this help.

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4 Replies

Bobby Mani T (Lawyer) 19 April 2010

I am not aware of the whole deed, with the details you have given, i am of the opinion that if you are only nominee then the property belongs to the father, you are being the eldest son nominated to deal with the matter in case of his death or incapacitated. By such a nomination your brohter's share will not get extinguished.

Chanchal Nag Chowdhury (Advocate) 19 April 2010

U have not stated if Ur father had made any testamentary dispensation. Assuming intestacy, U have inherited the flat alongwith Ur brother & mother.

Re-protection of the flat, U R advised to retain possession of the flat. If Ur brother files a suit, U may succeed in getting ownership by paying 1/2 price less expenses incurred.

VM (pqr) 23 April 2010

Hello Lrnd Members,

A will is there made by my father in the year 2000, and he died in the same year by giving two of share of 50:50, but the same has not been probated. And he has not filed any suit against me for anything, only thing he is doing that he has asked the society to take note of his complaint and they have passed a resolution of not transferring the property till will arrive at any conclusion.

Since I am holding the property since 1998, by virtu of a Power of Attorny given by my father because he had fallen ill and was hospitalised, in my favour, can I say that by rules of "Adverse possesion" as on date (post 12 years ) I am now the owner. Will the same POA will help me to establish my claim over the propertyunder this arguement of POA given in 1998.

Pls advise.