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Question about Inherited Property in Mumbai


03-Feb-2023 (In Property Law)
Hello, I came to the USA due to Job 1994 and a US Citizen for over 18 years. My dad transferred the Flat we all were living in Mumbai on my name in 1992 ( 2 years before I came to USA ). Dad passed Away in 2005 and Mom passed away 6 months ago. I have Society Share Certificate on my name and also a letter from dad stating that he is transferring that flat on my name. I am also paying the yearly Society maintenance charges. Since my Mom passed away 6 months back, my 2 sisters, who are married for longer than me, want a share of this property sale and threatening me to take to Court if I don't share the sale price. Since both parents are gone and I don't plan to visit India much often, I do plan on selling this flat/property. What are my options? Will it delay the sale of the house?. What I need to do avoid going to court. Please advise, I live in the USA and can visit only once a year. Thank you, Sanjay
Answers (4)

Answer #1
622 votes
It is important in your query that by which way or agreement your father transferred flat on your name.If transferred by Registered Deed then that flat can become your absolute property.Therefore How flat is transferred important.Before father's death flat is transferred on your name.Therefore Sisters can not claim in flat.If they file suit in Court they shall not be succeed.You can contest that suit on the basis of self acquired property of you.
Answer #2
730 votes
This is my response to you:
1. Your sisters cannot file a case against you;
2. Even if they do they lack merits;
3. You are the sole owner of the property;
4. You can dispose of the property or use it as per your wishes;
5. If you have registered document of transfer of property from your father to yourself then you have nothing to worry;
6. Consult a local lawyer with full facts and then take steps.
Answer #3
779 votes
My Response to your query:

If you have absolute ownership of that flat, you can do sale. If your sister desire some share from you in said property you can amicably setter this issue. If you are not able to visit india in this circumstances you can appoint your representative to do prisale procedure.

You can also appoint lawyer to look this matter.

For More detail you may contact me.
Adv Sachin Kuptekar
Answer #4
924 votes
Hello Sanjay,
Definitely there are multiple ways we can help you sort things which I shall be able to guide you well if you can help me with the proper set of papers. The letter which you are mentioning it is it a will ?

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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