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Author Topic: Father passed away without WILL and Property is under Housing Society's name  (Read 209 times)

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Offline Amit Satpute

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Currently we are 5 members of family. Mother. Brother and 2 sisters. All of them are married. 2 sisters stay with their husbands outside Pune. My Father passed away in 2008. He purchased a plot in Pune in 1996 and built a house for us. It is a housing society with 20 plots of 2000 sq ft each in Pune. Me and my brother stay in the house built by my father. The house build by father has 3 portion- one 2bhk portion on ground floor and two 1 BHK's on first floor. Brother has occupied with ground floor and one portion of 1bhk on first floor and given one portion of first floor 1 bhk to me to stay as sisters saying they are giving their share to brother. My mother stays on ground floor with brother. There is no documentation of this division. The only documentation is the plot purchased by my father and tax paid by father. Of late mother and brother saying they will remove me from the house. Please advice. Brother also done construction on the plot for his mother in law to stay there but no documentation. Can mother or brother remove me from the house. How can I transfer the one portion in my name and sell it so that with the same money i can buy another independent house. Also can the brother and mother occupy 75% without documentation. We are Hindu Family. Thank you
« Last Edit: December 04, 2016, 11:02:13 PM by Amit Satpute »

Offline advuma

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Since your father passedaway without a WILL, you can file for partition of property and claim your equal share along with your mother and siblings
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline adv.amarnath

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First, all have inherited equal share of property left by your father and if you are willing to sell out your portion then you must give written notice all of others co-sharer about your intention of sell and its value. If neither of responded then you have option to sell your undivided share to third party.

All of them have equal right to hold possession in the property until and unless the property is getting partition with metes and bounds.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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