Legal Question in Real Estate Law in India

Mr. A is the first owner of the house property at Mumbai registered under the cooperative societies act (property was bought in 2009).He has financed the house 100% and the house is co-owned by his elder brother Mr. B who currently serving his jail term in Oman (precisely 10 years). Also to add Mr. A has disowned his elder brother, Mr. B earlier in 2004. However, later Mr. A financed his elder brother's entire marriage and also gave him the house at Mumbai to stay. However, Mr. B's criminal records has resulted in Mr. A to change his thoughts and wants his 100% financed house to be sold. What are the options available with him to sell the house and get the entire sale value in his name?


Asked on 4/02/14, 12:07 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

04.04.2014

Dear Sir / Madam,

First and foremost, let me make it very clear that there is no such act as to "disown" a relationship in the eyes of law. If he is a brother, he remains a brother for life. Since the flat is in joint ownership the Society will insist on both the title holders signatures on all the Society's transfer forms. I do not foresee any other options thereto.

Regards,

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Answered on 4/04/14, 7:22 am


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