• Dispute flat & what is the action by redevelopment builder

One Flat -legal heir father son & daughter (son in nominated by mother before her death-10 days before)
redevelopment builder ask to daughter her monetary claim  but the daughter & father told the builder they want 75,00,000/- lakhs and builder offer only 22,00,000/- lakhs otherwise he will go to the court.

question : what was the action taken by daughter & father to take the monetary claim by them
because the father age is 83 & he dunn want to live with his son.
Asked 2 years ago in Property Law from malad, MUMBAI, Maharashtra
who was owner of flat ? if mother was owner did she leave any will ? or she died intestate . if no will then father , daughter , son   have 1/3rd share each . consider today market value of flat in malad and divide it by 3 . ie share of each legal heir
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
if father does not agree to vacate flat on redevelopment being approved by 2/3rd majority of members then builder will move court to vacate the flat
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
nominee is only a trustee for legal heirs . son dosent become owner of flat . you should contact a local lawyer . show him redevelopment agreement , papers of your flat , correspondence engaged with builder and then act accordingly . father should file partition suit if son refuses to give him his share
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
when you raise query you must disclose all facts . if partition suit is filed father will get 1/3rd share . apply to court for expediting final hearing of suit as father is senior citizen
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
court wont stay redevelopment process if proper procedure has been followed and 2/3rd members have approved it
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
no court can force builder to decide about  flat issue first . you have already filed a partition suit . engaged a lawyer . he will see to it that your father gets 1/3rd share . redevelopment work cant be stopped because of issues in respect of one flat . . . you can request court that rentals received from builder for flat be given to all 3 legal heirs pending decision in suit or it be deposited in court
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
ok fair enough . if builder is depositing amount in court your interests are protected
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
You are not looking for litigation, you are looking for settlement with builder and don't want to share the booty with your father and sister. And you are not in procession of the flat. Actually what you want from us? Advice to chat your father and sister?
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
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yes you have to wait till result  of partition suit
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
If mother died without a will then her widower, son and daughter have an equal share in the property., The builder has in his wisdom asked the daughter and widower as to the amount they desire to take having regard to their share in the property. 

Since the widower and daughter of the deceased woman have an equal share in the property the redevelopment cannot be done without their consent.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
Neither the builder nor the son of the deceased woman can in any manner force the widower and daughter of the deceased woman to vacate the flat against their wishes. 

If any attempt is made to illegally remove the widower and daughter of the deceased woman from the flat then they may seek a stay order from the court.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
The terms and conditions of the redevelopment agreement have to be perused to determine if the builder has even the right to move a court of law to get the widower and daughter removed from the flat against their wish.

Since a partition suit has already been filed widower and daughter of the deceased lady will get their share once the court orders a division of the property in accordance with the law.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
In order to pre-empt any move by the builder to illegally evict the father-daughter duo from the flat they may move the court for seeking a stay order as in a partition suit the court is going to confine itself to ascertaining the share of both and then ordering a division of the property, but it cannot stop the builder from removing them from the property. Hence, they may obtain a stay order from the court.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
You must understand that senior citizens cannot get any preferential treatment from the courts.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
Wait till the outcome of the partition suit and then plan the next move on the basis of the judgment passed by the court.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0

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