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Brother staying in Flat owned by me since last 18 years
24-Aug-2023 (In Property Law)
I am an Hindu adult, Our family (Mom, Dad, 1 Bro & 2 Sis) shifted from selling 1 bhk flat at Goregaon in my father name to a 2bhk flat in Kandivali bought in my name in the year 1995-96. I stayed with them till the year 1998-99. Since then till date my family continues to stay in the flat, however after the demise of my father in July, 2012 my younger brother is forcing me to include his name on the share certificate of flat. I fear that once his name is included, he will not allow me to sell the flat when required in future. Can he do this? what is remedy in law if he does this?
Well, brothers name can not be included if he is not party to the sale deed of the said flat. One will have to furnish index II of the said flat to include his name.if the relations are good better u execute a release deed from ur brother or tomorrow he can file suit for declaration of ownershipand may claim partition. So better u now only take precautions and execute release deed in ur favour of the said flat.
Helpful?
10+
10+
Adv. Sagar Kothari
Pune | 400+ Answers
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If the sale proceeds of flat in your father's name are utilized to purchase your 2 bhk flat then he may succeed to get his share if he files a case against you. But if 2 bhk flat is purchased from your funds he can do nothing. And unless you transfer by way of gift or otherwise the society would not endorse his name on share certificate.
Helpful?
25+
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Best action would be to sell immediately and without any information to your brother.
more delay in selling flat will cause more losses for you.
Once you sell the flat then even if he goes to court then it will not affect you if you have already got the flat money in your pockets.
more delay in selling flat will cause more losses for you.
Once you sell the flat then even if he goes to court then it will not affect you if you have already got the flat money in your pockets.
Helpful?
20+
20+
Adv. Namitabh Kothari
Mumbai | 400+ Answers
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