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.

Asked by: Bharat


Asked on 3/18/13, 4:55 am

2 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

18.03.2013

Dear Bharat,

(Kalbadevi, Mumbai, Maharashtra)

In whose possession is the flat presently. Is your family staying in the flat or is your uncle's family residing in the flat ? Because if your father has the possession, you have a stronger case.

You can use the Agreement for Sale and the conveyance deed of the Society along with other details of payments made by your father at the time of purchase to prove your share in 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, 5:05 am


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