Legal Question in Real Estate Law in India

We are have a flat at Nalasopra in my Fathers and mothers name joint. after my fathers death in 1996 the flat's maintenance bill from society

comes in mothers name, I have 1 younger brother who take stays with my mother in separate flat, this flat at nalasopra is empty.and is vey old (built in 1989)

I want to purchase / make settlement of the flat but my brother do no want me to purchase the flat and want to sell the same, he had tried to sell the flat and keep all the money earlier, I have the flat's original document and the possession / keys of the flat, as I had remove one person who had ocupied illegaly the flat given by my brother , and also had paid the full stamp duty of the flat when my mother wanted to give the flat to me

my brother and mother is asking for the original documents so that they can sell hte flat ? if I give the same I am afraid that they will not give me any share in it Can I get the share in the flat legally. and what is the process


Asked on 6/05/13, 9:59 pm

3 Answers from Attorneys
Gaurav Shanker

Yes, you can file a suit for partition in the court of law.

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Answered on 6/06/13, 1:39 am
Shrichand Nahar S.V.Nahar, Advocate

You may file appropriate suit with appropriate prayers.

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Answered on 6/06/13, 3:54 am
Fca Prashant Chavan Expert Edge LLP

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06.06.2013

Dear Sir / Madam,

If your mother and brother want to sell the flat, you should amicably work out the share of each in the flat such that your mother, your brother and you get an equal 1/3rd share of the sales proceeds.

Regards,

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Answered on 6/06/13, 5:18 am


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