Legal Question in Real Estate Law in India

My father passed away without leaving a will or nomination (under Appendix - 14, under bye-law No. 32). He had left behind 4 surviving heirs - 2 married sisters, not occupying the flats & 2 married brothers, occopuying the flats). My father owned 2 flats in the same society (in Mumbai (Maharashtra state, India), having 2 share certificates. Both flats are of unequal area ( 1 being small size - 1 room + kitchen & the other being big having 2BHK.)
Two sisters have given an affidavit declearing no interest in the above mentioned flats & share with a request to make 2 brothers as the members in the society.
We have being living jointly in the interconnected flat till date. Since the 2 flats are not of near equal size, it is now the intention of both brothers to transfer both flats by having 50:50 joint ownership rights in both flats.
By transfer of 1 flat having brother A as the member of flat X with brother B as joint owner in flat X
AND having brother B as a member of flat Y with brother A as joint owner in the flat Y. We intend to have TWO votes in the society & shall be benefited & eligible for TWO car parks instead of 1 being availed now.
Would like to know the requiste forms that would required to be filled for the above purpose.
Is it possible & right under the law that the same individual is a joint owner in 1 flat, whereas in the other flat is a member of the society.
What do the learned members of this forum think on how best to proceed.
Thanks in advance.
Regards,
Suresh

Asked on 11/15/10, 1:35 am

Shrichand Nahar S.V.Nahar, Advocate

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0 attorneys agreed

For forms required, check bye-laws and act accordingly.

Generally, first named member is entitled to vote. Check bye-laws for correct position of your society.

Answered on 12/20/10, 9:50 pm

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