Legal Question in Real Estate Law in India

my father had house property in mumbai, my father is no more now. my mother and elder son are give this property to my elder brother son without consent of me and my sister, can they do the same.


Asked on 1/03/13, 9:21 pm

6 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

May be.

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Answered on 1/03/13, 10:02 pm
Sanjay Kalra Sanjay Kalra & Associates

Only if your father had willed the property in favour of your mother and your mother had become absolute owner and not otherwise......Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 1/03/13, 11:58 pm

they can do only when there is will in their favor otherwise u all r legal heirs and each have equal rights and u can file suit bt firstly send legal notice for more clarification u may contact m via law guru

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Answered on 1/04/13, 3:35 am
Fca Prashant Chavan Expert Edge LLP

04.01.2013

Dear Sir / Madam,

If the house property is in a registered co-operative housing Society, and if your father has filed a sole nomination with the Society in the name of your mother, the property vests with your mother after your father's demise, even if there is no will left behind by your father. Thereafter, your mother is free to transfer the property in which ever son's or grandson's name as she best deems fit. Your mother does not need any of her son's / daughter's consent for the transfer.

If the house property is a standalone bungalow / house on a plot of land, your father's will plays a role in the transfer. If he has left a valid will signed with the name and address of two witnesses and their signatures, the transfer in the record of the local District Registrar's record takes place as per the Will. If he has not left any will, the property will equally vest in the name of your mother and all her sons / daughters in equal proportion. In such an event, your mother only acts as a custodian of the house property on behalf of her legal heirs.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 1/04/13, 7:21 am

dear client....

They can not do so it shall be illegal and can be challanged any times you feel so.....

for any further help you can mail me at [email protected]

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Answered on 1/07/13, 8:56 am


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