Legal Question in Real Estate Law in India
Dear Sir,
A flat in our society is owned by a husband and wife jointly. They have One son and two daughters. The husband died in 2007 and wife approached the society to transfer share certificate and maintenance receipts on her name. But her eldest daughter has sent a legal notice by an advocate to the society to not transfer any document on the name of any one legal owner or any third party as they all ( mother, son and two daughters) are legal owners of that flat.
What should we do in this case ? please advice .
Thanks
Vivek Sharma
Mira Road ,Thane. Maharashtra.
2 Answers from Attorneys
Mr. Vivek you can file a partition suit of the property and thereafter settle the property among them
If there is a valid nomination, then Society can act.
Otherwise, ask all concerned to get appropriate order/s from court.
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