• Legal heir and possession of flat

My Father bought a flat in mid 1980"s at Vashi and availed Housing Loan from his company which was Government of India PSU. On VRS the said amount deducted from final settlement. Property as on date still in my fathers name. the 20% margin money he took as personal loan from very close friend. signed blank stamp paper. in early 1990 the housing soc received claim of new ownership which was shock to us. the blank stamp paper worth 100 was fabricated and a sale deed was created by dad friend. 
my father instructed society that no such sale took place and instructed society in writing not to entertain any such claim if not backed by a registered deed. 
at same time my father was approached by a buyer who agreed to buy flat and cost agreed. after paying some 30 % of flat cost he insisted for sale deed and registration with promise of balance payment in EMI's the offer was rejected by my father and the buyer too declined to take back payment insisting of sale deed. both parties sent goons to threaten. 

my father filed court case. the court receiver was appointed and one of the party the second was given procession and sought to deposit rent every month to court receiver. 

my father father has not shared any nominations with society. flat still in my father name. 

both parties on whom case prevails too are not alive. 

for flat me and my brother are legal heirs. 

let me know how to get society certificate on me and my brother name as well square of this case as only legal heirs of all parties to this case are alive.
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1)on demise of plaintiff his legal heirs would continue the suit . chamber summons has to be taken out to add them as parties

2) society would not transfer flat pending hearing and final disposal of suit

3) court receiver has been appointed . in case you win the suit then society would transfer flat in your name and that of your brother

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

1)you should contact lawyer appearing on behalf of your father

2) he would inform you in which court case is pending

3) society must have been served with court orders appointing receiver

4) society would be having details of CR and court in which case pending

5)you have to inform court of your father demise

6) flat would not be transferred in your name pending hearing and final disposal of suit

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

for flat me and my brother are legal heirs.

let me know how to get society certificate on me and my brother name as well square of this case as only legal heirs of all parties to this case are alive.

First of all if your father's purchase was not legally valid then he can claim the amount through police

Whereas if it was intended that you without giving power of attorney to your brother you must make sure that he do l violent actions.

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

How to find in which court this case prevails and who is the court receiver ?

how to make court update as to fathers demises and legal heirs being me and my brother.

what all modalities i and my brother have to follow now to get flat on our name and its possession

You can engage an advocate locally and get the issues solved amicably..

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

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