Legal Question in Real Estate Law in India

Sir,

I stay in the subject mentioned address. Earlier to my father's death this flat was registered from1997 (till this moment) in the society's records as three owners viz. (1) My deceased father, (2) My unmarried elder sister, and (3) in my name sequentially. After the death of my father in 2008, my elder claims that she is the only owner of this flat. She is threatening me to vacant this flat on some undocumented clumsy grounds. I don't know on what basis.

I am staying in this flat with my family since 1997. Till the death of my father I paid all the society's repairs and maintenances by my personal cheque to my father drawn in my father's or my elder sister's name. Society issued Payment Receipt to my father in the name of first owner of the flat.

After the death of my father my sister started abusing me and threatening me to vacant this flat. So After the death of my father, now I am directly paying my Repairs & Maintenances to society my cheque. But till this date society is issuing me receipt of payments in the name of first owner, i.e. now my elder sister after the death of my father. And I am legally as a second owner. My sister is also paying R & M charges to society, but society is not issuing second receipt to her. And society has not yet transferred this flat on in the name of my sister, as my name as owner is also in the records of society.

Please tell me what legal action my sister can take against me, and what will be the implication.Can my sister force me to vacant this flat?


Asked on 12/11/11, 3:45 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

As replied before, you have equal rights with your sister, if there is no other legal heir.

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Answered on 12/11/11, 9:27 am
Shrichand Nahar S.V.Nahar, Advocate

Legal actions and results are difficult to guess.

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Answered on 5/12/12, 3:41 am


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