Legal Question in Real Estate Law in India

We are four sisters and one brother, all married. my father expired without making any will. my father was a bank employee and had purchased a flat in a bank employee's housing society of which he was a member. my mother was nominee. now my mother has signed a contract alongwith other members of the society with a developer for demolition and reconstruction of flat bldg. in the new building there shall be more flats than existing. all existing members have an option to either take a new flat or accept cash and leave the society. now my mother has nominated my brother. we sisters have not been told anything about all these dealings. can we claim our share? if yes, how? can my mother and brother deprive us of our right?


Asked on 7/29/13, 4:55 am

1 Answer from Attorneys

Setu Niket Curare Legal

Yes you can, mere nomination with the society will not take away your right, you have equal share with your brothers. Inform the society about the dispute and ask your mother and brother to give equal share or else move to court for Declaration & Partition.

Kind Regards

Setu Niket

Advocate

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Answered on 7/29/13, 5:02 am


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