• 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 3 years ago in Property Law from mumbai, Maharashtra
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
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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
24871 Answers
1339 Consultations
5.0 on 5.0
son cant dictate terms . mother has not left any will . he is only one of legal heirs .
Ajay Sethi
Advocate, Mumbai
24871 Answers
1339 Consultations
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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
24871 Answers
1339 Consultations
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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
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1339 Consultations
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husband can make will regarding his share .
Ajay Sethi
Advocate, Mumbai
24871 Answers
1339 Consultations
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he can give it to daughter or son or equally. it is his choice
Ajay Sethi
Advocate, Mumbai
24871 Answers
1339 Consultations
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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
24871 Answers
1339 Consultations
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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
4.7 on 5.0
builder cannot force son to sell the flat . it has to be decision taken by family members
Ajay Sethi
Advocate, Mumbai
24871 Answers
1339 Consultations
5.0 on 5.0

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