Legal Question in Real Estate Law in India

My father expired intestate in 2005 & left a nomination of his only flat in a mumbai co-op scty , under maharastra coop scty act 1961 in favour of my aunty(dads elder brother wife) & my eldest sister. mother had expired in 1992. We are 5 siblings (4 sisters & me the only son). I had asked scty to x'fer rights of the flat in favour of us five the legal heirs, in turn scty did sort a legal advise & xferred the flat in the name of the nominees excluding us ( me & my other 3 sisters).In the mean time scty went under reconstruction, & as per reconstruction deed with a builder & then did deposit the money & gave monthly expense for the tenements--with is being handled by the scty.
My questions(1) can our names be included in the society as owners & names be entered in societies register, (2) with whom the right of possession lies,(3) what about the money that builder had given & with whom the money will be , will it be with nominees or the legal heirs
(4) last but not the least what about the intervention or rights of the nominee my aunty-can she have the possession of the flat if we 5-legal heirs decide to rent the flat (aunty wants the part of my fathers disputed flat.)
Please reply considering two aspects one- we all siblings are in one term, two-the nominee-elder sister is having her own interest -as the major part of the flat.

Asked on 5/25/10, 11:22 am

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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The nominees are only trustees for the real onwers. You are entitled to inherit in accordance with law.

Answered on 5/29/10, 5:48 am

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