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Dispute regarding ownership of a flat between the family


22-Feb-2023 (In Property Law)

father death in 2008, Society asking for heir, dad did not make a will, since my brother was was joint holder. Society did not accept the joint holder. WE are three brothers and 1 sister. Society says that you decide among yourself not next heir. My sister does not agree. It is pending for last 8 yrs.

Answers (1)

Answer #1
859 votes
Your father died intestate without leaving a will. Thus, his share in the said flat will devolve to the legal heirs viz., your mother and all you three brothers and one sister. Is your brother is a co-owner of the said flat as per Registered Sale Deed or just a joint holder. If he is a co-owner then he is entitle for his 50 % of share and the proportionate share with all of you in your father's share. The law state that the person having major interest in the property can file petition for probate. If your society is forcing all of you to decide any one amongst you, in whose name the property share certificate be transfered, then in that case if you all mutually agree for any one than its ok.... or else if probate is considered than the same will be in the favour of your brother, if he is a co-owner in the said property.
Advocate Sourabh A Saxena

Adv. Sourabh A Saxena

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