Legal Question in Real Estate Law in India

Property belongs to whom??Please Help..

Dear sir my father died in the year 1991 and he left a flat in mumbai in a cooperative society ...in the year 1992 it was transferred to my mothers name after she applied for the same with the society...

but in that application there was a clause which stated that my grandfather should be enrolled as a joint member..this point or clause was not known to us all these years ....

and for the past 17 years my mother has been paying all the society and other charges...and it was only in the year 2007 that we were informed by the society that my grandfather is a joint member with my mother for the said co-operative housing society flat,because of the clause that was there in the application that was given by my mother in the year 1992..

i request to know from knowledgeable people like yourselves that what can i do for getting my grand fathers name deleted from being a joint owner... if i apply for a sucession certificate then would it serve the purpose or do i have to file some case in court??hope to hear your views...thanking you all for your help..


Asked on 2/14/09, 9:01 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Property belongs to whom??Please Help..

You may apply for succession certificate of the estate of your father. Possibly, you may be one of the heirs alongwith your mother; and then all the heirs may apply to the society for including their name as also for deleting the name of your grandfather.

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Answered on 2/14/09, 10:51 am
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: Property belongs to whom??Please Help..

As your grandmother is already died you are the successor of her property.So if you show her death certificate then her name should be deleated automatically.

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Answered on 2/14/09, 11:46 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Property belongs to whom??Please Help..

Ask your grand father to execute and register appropriate document in favour of your mother.

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Answered on 2/16/09, 5:27 am


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