Legal Question in Real Estate Law in India

My mother owns a flat in Mumbai jointly with my brother. My sister is a sitting tenant in the flat. My mother needs her share of the funds from the potential sale of the flat for medical care costs. My brother and sister refuse to allow the flat to be sold and will not help her. Is there any way in which we can sell her share (50%) of the flat to a third party so that she can receive funds to pay for care?

Asked on 1/22/13, 11:25 am

4 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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23.01.2013

Dear Sir / Madam,

I see your concern, but there should be takers for the 50% share of your mother in the flat. The title to the flat always vests with the first named member on the Share Certificate. If the first named member on the Share Certificate is your brother, there is little you can do, without his permission, as well as the consent of the Society to materialize your perception. Besides, your sister who is a sitting tenant in the flat is already a nominal member in the Society.

As per the provisions of Bye-Law No. 118(v) the consent of the first named member is required to enable your mother (if her name stands second) to become an Associate Member in the Society.

Regards,

FCA Prashant Chavan

Mumbai

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

Answered on 1/22/13, 8:43 pm

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Sanjay Kalra Sanjay Kalra & Associates

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She can sell her share to the party and if incase she is not getting the 3rd party ,she can file a suit for partition before the court.........Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

Answered on 1/23/13, 2:52 am

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