Legal Question in Real Estate Law in India

Property Transfer /Ownership

We were a family of my parents 2 sisters and myself(son). My parents are now not alive. I am 53 years old. My two sisters who are elder to me have been staying in my Dad's flat eversince we took possession. Infact we all stayed together. I got married and started staying seperately outside

But ever since I was a young boy my mother and sisters used to always tell me that the house would come to me. Once I got married they said that the house would be in all our 3 names. Recently my mother expired and my sisters gave a letter to the society to transfer the flat in all our three names. My sisters have never shown me any documentary proof that I am a co-owner of the flat. Since I am not staying in my Dad's flat (since I have got my wife and 2 grown up children of my own), can I ask for my share of the flat in terms of cash or cheque. If so, at what rate should I ask? Since the flat was purchased over 20 years ago, can I ask my sister to give my share at the current rate. I was working in the gulf and spent a lot of money in making furniture, refurbishing, bring imported clothes, TV Washing machine etc, aprt from giving cash to my mother when she was alive. But I never kept any receipts or proof that I gave.


Asked on 6/09/07, 7:47 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Property Transfer /Ownership

You can not demand your share in terms of cash or cheque. However, if your sisters are willing to purchase your share, same can be transferred for a mutually agreed price.

Your giving money to your mother and spending money on furniture etc. are immaterial and does not take you any where whether you have proofs for the same or not.

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Answered on 6/10/07, 2:29 am


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