• Dispute flat & what is the action by redevelopment builder

Owner of property is mother which she died before that son forcefully get here thumb and nominted the flat in his name. now the flat goes under redevelopment. so the husaband and daughter file the partition suite against the son for said flat.  so what was the action taken by the builder against the three person.
Asked 10 years ago in Property Law

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10 Answers

nominee is only trustee for all legal heirs . if partition suit is filed court will hand over possession to whom soever court directs

Ajay Sethi
Advocate, Mumbai
96744 Answers
7804 Consultations

if majority of flat owners have agreed for redevelopment but husband , daughter ,son refuses to vacate then builder can file case to vacate the flat . alternate flat would be handed over to legal heirs as per court orders .

Ajay Sethi
Advocate, Mumbai
96744 Answers
7804 Consultations

son cant dictate terms . mother has not left any will . he is only one of legal heirs .

Ajay Sethi
Advocate, Mumbai
96744 Answers
7804 Consultations

you object to transfer of flat in name of son by society . nominee is trustee for all legal heirs . he would not be owner of flat even if transferred in his name

Ajay Sethi
Advocate, Mumbai
96744 Answers
7804 Consultations

if flat is not transferred in name of son he will come for settlement . if he dosent settle file partition suit

Ajay Sethi
Advocate, Mumbai
96744 Answers
7804 Consultations

husband can make will regarding his share .

Ajay Sethi
Advocate, Mumbai
96744 Answers
7804 Consultations

he can give it to daughter or son or equally. it is his choice

Ajay Sethi
Advocate, Mumbai
96744 Answers
7804 Consultations

will takes effect on death of testator . show it to builder . also in court if required . they can live together in same flat

Ajay Sethi
Advocate, Mumbai
96744 Answers
7804 Consultations

The builder cannot have any say in the dispute between the family members. If son has any document to show that the flat belongs to him, his decision shall be binding on the builder.

Sai Kiran R
Advocate, Bangalore
86 Answers
6 Consultations

builder cannot force son to sell the flat . it has to be decision taken by family members

Ajay Sethi
Advocate, Mumbai
96744 Answers
7804 Consultations

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