This is my response to you:

1. Since the flat is in the name of that elder brother's son he will be the true and real owner of the flat;

2. Therefore once it goes into redevelopment then he will get the whole share;

3. Unless there is a registered POA in your parent's favour your parent or their daughter will have no right on the property now or in the future (redevelopment);

4. Therefore ask the owner to transfer the property in your parent's name;

5. If he does not then file a suit for right, title and interest in the property;

6. Say that the real owner was forcefully removed and your parents have been staying there for more than 12 years;

7. That is the only way to prove adverse possession (continuous and uninterrupted possession against the wishes of the real owner);

8. Engage services of a local lawyer to help you arrange evidence if you wish to claim the property through a contested case in the courts.

In the event of redevelopment Possession would be delivered to person in whose name flat is in society records

2) your sister would not be given possession on your parents demise

3) you can refuse to vacate flat unless you are given equal share in flat

4) your father can file suit claiming 50 per cent share in flat as bought in his brother name for benefit of joint family

You have to claim the title which has been transferred in your cousins name because the flight was on by his father eventually you may not be able to prove that this flat is owned by you merely by paying the maintenance. Whatever is your family situation but the law is with your cousin and at any moment he can file an eviction suit.

Hello

The flat was purchased by your grandfather in the name of his elder son. Now your father has been residing in the flat. Your uncle's son had transferred the flat in his name. Now your parents are paying maintenance but that is paid generally by persons residing in a flat.

Although it was your grandfathers money but he could spent it as he liked. It was as if he willed the money in the form of flat to his elder son.

Therefore you cannot claim the flat. His son has transferred the flat now in his name to which you didn't object which you should have in case you wanted rights in that flat.

A dispute can be created as far as the ownership of you uncle is concerned but those are flimsy grounds. Your sister can live in the flat after a family arrangement.

Regards

Firslty, Sir, as per the query you have stated it shows that it’s been long time that you people have been paying every expenses.

Secondly, yes they have the title rights but not you.

Thirdly, but, you may have the residing rights for sure.

Fourthly, if they don’t allow you to reside now then you may have to file a suit for injunction as soon as possible.

Since you have no proof that the cash was paid by your grandfather for the sale consideration of the property, the flat would be transferred in the name of your brother's son after redevelopment of the society.

This matter can be settled amicably between the family members, as getting favourable decision without documentary evidence is near to impossible from courts.

Hello,

If the son has transferred the flat to his name then the other legal heir must go ahead and claim the share in the property by means of filing a suit.

Regards

1 Since the property belongs to your uncle on paper , he alone has right over the property and the status of your parents in the property is nothing but like a licensee / permissive occupier.

2. So as long as your cousin is doing nothing they are free to enjoy it. Once they file a suit for eviction your parents will have no option but to get ousted from it.

3. However as long as the suit continues they can stay there.

4. Since nothing that sorts has arisen so far they can occupy it without much botheration.

1. the flat was purchased by your grandfather in the name of your uncle

2. this is a benami transaction which is prohibited by law under the Benami transaction act

3. real owner is the grandfather and the benamidar or name lender is the uncle

4. had your grandfather been alive and filed a suit against your uncle on the ground that he wants the property back from his son as it was purchased in the son's name but the consideration was paid by grandfather - such a suit would not be allowed

5. similarly your uncle would not be allowed to take any defense on the ground that the property was bought benami in his name - for instance if there is an income tax attachment on the property for non payment of taxes, and the income tax takes legal action against the uncle - your uncle cannot say that this is not my property and that it was purchased benami in my name and therefore the attachment should be removed - this is also not permitted

6. so the real owner and benamidar cannot plead benami in any legal proceeding - but this is not applicable to a third party

7. in your case, your father and aunt will have to file a suit against your cousin saying that the real owner of the property is actually your grandfather and not the uncle - the possession is with your parents and they are paying the maintenance and other outgoings -

8. therefore after demise of your grandfather, the flat will go to his legal heirs i.e. two sons and daughter in equal proportions

9. therefore the legal heir of one son i.e your cousin could not have transferred the flat to his name as your father and aunt have equal 1/3rd share in the flat

10. the builder will recognise only the person who stands as an owner in the society records

11. therefore the builder will give possession of new flat to your cousin and not to your dad or aunt as they are not reflected as owners in society records

Dear Client,

If you can prove that contribution was made by the grand father or at the time of flat purchase, elder son was minor or was not earning or incapable to pay for flat purchase than your father can claim 50% in property

Otherwise if property was in possession of your father for more than 12 years after demise of brother than on the basis of adverse possession.

Since this proeprty is on the name of your deceased elder brother by a registered sale deed document, nobody other than his own legal heirs can claim any rights in the property legally.

Your father may be paying maintenance amount regularly but what will not entitle him to claim ownership of the property.

Neither you nor your sister can also claim any rights in the proeprty.

Your brother's son's act of transferring the proeprty to his name as the legal heir or successor to his deceased father is legally valid and even he may issue an eviction notice to vacate your parents from that house.

You can talk to him for an amicable solution