Legal Question in Real Estate Law in India

Dear Expertise,

My meternal grand father died on 10th Nov. 2009. Now his successors are his two sons and one daughter (my mother). He has left his flat and his commercial place without will. Now after the ceromony of the 13th day my maternal uncels was forceing by means of threatning to my mother to leave her share in that property which she without her willingness has agreed to do so, then they took my mother in front of all the society members to say that she don�t want any share in her father�s property. They also took her signature on the stam paper to tranfer the flat share on their name.

Now we came to know from one of her friend and the member of that society that the share has been transferred to her brothers name and society has given that whole building for the redevlopment to a well known builder. Builder has signed memorandum of understanding with the society and the members of that society. Two month before builder has issued one advertisment in local news paper and one national news paper for any claim on that property which we didn�t came across that advertisment. Now that builder has given the project to get pass from BMC. These propert is in mumbai.

Now my querys are

1) Can my mother can still claim for her share in that property? If yes, How?

2) By any means can we still ask the builder to stop the process.

Also pls advice if you have samoting more to say other than my query

I will be very thankful and appricaite you if you provide any solution to this.


Asked on 4/19/10, 1:01 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

your mother can file a suit for partition and in that suit for partition, she may seek the stay against the property so that no third party interest can be created. she has an equal share in the property and while she file a suit for partition, she may also seek cancellation of the document that she signed on the 13th day of death of her father.

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Answered on 4/19/10, 11:24 pm


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