Legal Question in Real Estate Law in India

i am 34 year old married male. i own a 1 bhk flat at thane, mumbai in co operative housing society. property is on joint name on me and my mother. Funding is done as 50% by me and 50% by my father.

Due to my marriage out of cast, my relations with my family members are now very hostile.

1) i fear that my mother will sell that flat without my consent. is it possible by law?

2) my mother has kept a tenant on live and license agreement without my consent.She is taking rent for the same. How can i remove the tenant as he is staying without my consent.

3) i fear that my mother will soon replace the tenant with my sister and she may come to stay in that flat which can make the matter more complicated. Can anyone other that owners , even blood relatives, occupy that flat without written consent of both the owners or any one of the owners?

Pl. advise.


Asked on 9/13/09, 3:51 am

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

1. No, if both are joint owners as per records.

2. Approach court.

3. Possible with consent of one of the owners in actual control of flat.

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Answered on 9/13/09, 3:59 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

I agree with the above opinion.

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Answered on 9/13/09, 3:05 pm


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