I have two house in a chawl which are gone in SRA redevelopment. One house is in My name and the other is in my father name who have passed 3 years back.My question is that I have spent a lot of may money in making this houses but as have heard from my society people that the other house which is in my father name will go to my sister's name and not mine. can I will also be party in that property or the house will go in my sister name after the development happens. Kindly want to know your views.
when will I get the reply for my question
The property left behind by your father shall devolve equally on all his legal heirs.
Therefore you can claim your legitimate share in your deceased father's property as a right.
Your siblings are also entitled to an equal share at par with you in your father's intestate property.
You will get more replies from many more expert advocates of this forum shortly.
On father demise his room in chawl would devolve on your mother , you and your siblings
2) further as per SRA rules one family would be allotted only one room
Query already replied
1. SRA scheme allows one house for one family. Father's house can go to Mother /Brother /Sister.
2. You can take indemnity bond undertaking from Sister to return back the house to you, after completion of building.
Did father executed any WILL ? And who purchased these house ?
If no Will than than you and sister have equal share.
And if both the houses are purchased by father than both have eqaul share in both house.
Ans: If the two houses in the chawl belong to you, then the same shall devolve upon you.
If your father has made such will to give it to your sister then it will go to her. Otherwise it will divide equally between you and her
See the father's house shall divide in all legal heirs you can claim only your legitimate share. Further as per the rules you can be entitled to only one room.
1. If your father have given name of your sister as nominee to his flat then flat ownership will go to your sister.
2. And if nominee name is not registered then you can object to transfer of flat on your sister name only as you are also legal heir of your Father.
If your father died intestate then his chawl properties shall devolve equally on all his legal heirs class1.
as a legal heirs class1 you can claim your share in deceased father property. society people are wrong you can claim your share through court of law.
The property of your father would be divided among the siblings and his wife if she is still alive.
There is no specific rule which debars you from staking claim to the property.
Also SRA rules cannot be in contravention to the central laws