Legal Question in Real Estate Law in India

My father and Uncle (father's elder brother ) had jointly purchased a flat and the agreement is having both names. The share certificate is showing only my Uncle's name.The conveyance deed of the society is showing both names.Now the society is denying the right of half ownership to my father. The society says that they will consider the name mentioned in the Share certificate only .The original agreement is with my Uncle and not showing to us or to society.How can we prove our right in the flat.As asked in the answer by FCA Prasant Chavan, the flat is presently occupied by uncle,s family. On what basis society can refuse the right of membership to us as there is name in conveyance deed and funds were contributed by my father also. Kindly advise.


Asked on 3/18/13, 5:22 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

18.03.2013

Dear Bharat,

The matter has to be amicably resolved and settled by your father with your uncle. If your father had contributed half the purchase cost, one way possible is that your uncle paying your father 50% (or whatever was the exact percentage of financial contribution made your father at the time of purchase of the flat) of the present market value of the flat.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 3/18/13, 5:27 am
Shrichand Nahar S.V.Nahar, Advocate

Check bye-laws as well as basis on which society adopted only 1 name as member and follow procedure for correction or modification.

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Answered on 10/12/13, 3:08 am


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