Legal Question in Wills and Trusts in India
Property Partition
Dear Sir/ Madam,
My grandfather died around the year 1964. He had a flat in in a Co-op Housing Society in Mumbai and died without any Will. There were three legal heirs to this flat . My grandmother, my father and his brother. But my grandmother died recently without a will. She was staying with my Uncle (Father's Brother) due to disagreements with my mother. After my Grandmother's death my father decided to sell the property. But since the flat is in a Co-op Housing Society my Uncle said that the flat cannot have joint owners. So my Father should make him the owner but he will give half the amount to my Father which comes to about 7-8 lacs. My father agreed and signed the documents.
My father was settled in Canada in the year 1973, and he had taken a mere sum of Rs. 25000 for ticket expenses from my Grandmother. He used to send Canadian $ 2000 every month for his mother's and brother's expenses.My Uncle was only 15 years old then.
Now my Uncle is showing that with interest this amount (Rs. 25000) which my father had taken from his mother comes upto 10 lacs and will only pay us 3 lacs.
Since my father has already signed the flat documents in my Uncle's name, is there any law by which we can get our legal rights to this flat?
3 Answers from Attorneys
Re: Property Partition
It is sad and unfortunate that relatives changes colors due to money matters. We assume that since expiry of grandfather in 1964 the flat was not transferred to anyone and recently your father singed documents favouring your uncle to give him owership rights after death of your grandmother. We assume that your uncle have followed procedure to tranfer the owbership in flat as per co-op. society bye laws (No. 35) under which Society should take No Objection from all heirs before they record transfer and also publish a Notice in newspapers.Looking at facts and assuming that your uncle has become owner by proper procedure by 'mis-representation' to your father, your father can approach Civil Court and/or Co-op. Registrar Court to cancel transfer of flat without Probate since there was no will on record of grandfather or grandmother. By this action is is quite possible that your uncle may settle the matter as desired by you.
Re: Property Partition
I have a few question before I could advise you about a remedy -
What papers did your father sign?
When - which year?
Since the grand mother died without leavinga will, was there any letters of administration obtained from the court regarding her estate?
Is there any record of the money sent by your father to your uncle/grand mother; if so, what record?
Re: Property Partition
Your uncle cannot setoff the amount as narrated by you. The claim of your uncle is not legally teneable.From the narration of facts it can be seen that you are forced to approach the court to protect your( father) right and for appropriate relief. There is a good chance of sucesses to you.
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