Legal Question in Real Estate Law in India

Senior citizen widow denied claim to husband's flat

We live in Mumbai in a cooperative society. My father expired last year and per society rules had nominated my mother & three sons (including me). I live with my mother in the same flat whereas my two other brothers are married and live elsewhere. Now we have to transfer the flat on mother's name and need to execute indemnity bond signed by all three brothers. However one brother is delaying and not signing. The society has sent repeated reminders to complete this. This is causing mental anguish to my mother who is a senior citizen as well as widow. Can she take action against this particular son who is unnecessarity creating hurdles? Or should we sell off this flat in which case should the proceeds go to the mother or divided equally between mother & three sons? Please advise.

Thanks & Regards

Max


Asked on 11/10/08, 7:41 am

4 Answers from Attorneys
Nasir Butt Nasir Law Associates

Re: Senior citizen widow denied claim to husband's flat

Opinion of Mr. Rajiv Gupta is quite well and may be acted upon.

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Answered on 11/11/08, 10:52 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Senior citizen widow denied claim to husband's flat

If all of you are legal heirs, no one can be compelled to relinquish his share. Your brother is a co-sharer in the property and he may be entitled to refuse signing 'relinquishment' of his share. If the flat is sold, he may be entitled to his share in the sale proceeds.

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Answered on 11/10/08, 11:43 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Senior citizen widow denied claim to husband's flat

as your father has died without leaving a will, all the properties left by your fathers would be divided equally among your mother, brothers and sisters. your brother who is refusing to execute the bond is well within his rights refusing the same. better way is to partition the same or in case you all want mother to be the owner, you may pay the rebel brother his part of share by collecting amongst you and ask him to execute a relinquishment deed.

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Answered on 11/11/08, 12:17 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Senior citizen widow denied claim to husband's flat

If your father had not made any will in respect of flat giving it to your mother, then all heirs i.e. wife, sons and daughter shall be entitled for equal shares.

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Answered on 11/11/08, 12:51 am


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