• Getting possession of portion of flat in a cooperative society

My mother was the owner of a flat in a cooperative society. She had made a will in which she had divided her entire property equally among her two sons. I am the younger son. After her expiry my elder brother by virtue of being a nominee got the membership of the society I moved to the court and got probate of the will and also filed a suit. I got the probate and also the learned judge gave the order that I was the jt owner of the said flat finally my name was recorded in the register of the society and a duplicate share certificate was issued to me as my elder brother did not part with the original certificate. Now I want to know as to how I have to take my possession. Since my elder brother his wife and married daughter reseed there. What action can I take if he does not want to negotiate. What is the best course of action. to be taken by me
Asked 4 years ago in Property Law
Religion: Hindu

6 answers received in 2 hours.

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9 Answers

Article 65 provides for a suit for recovery of possession of immovable property.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Hello,

Send a legal notice to him thereupon either claiming your share in the property or claiming the amount whereof.

If he refuses to do the either then you will have to file a suit for possession and partition.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

On the basis of probate, your ownership is declared in the flat by court. Now take possession of it and if brother put hindrance than file contempt of court as its violation of court order.

There`s no need for suit of possession as declaration of ownership already passed by Probate court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sir file a suit of partition before the civil court along with the possession of the property, since you are joint owner of the property you can ask equal share since it is a flat and cannot be partitioned it can be sold and the proceeds can be divided or court shall put you in equal possession of the flat.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

you can go and stay in said house

2)if you are restrained from entering said house file suit for partition for division of house by metes and bounds

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

File a partition suit for selling the flat and distribution of sale proceeds between two brothers equally

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

1. Based on the probate decree and other related documents, you can file Partition suit /part possession suit in the local civil court. IF the Flat is a single unit with single entry door, you will find it difficult to proceed, atleast legally. So try for amicable settlement by buying out his share .OR. selling your share in the property and maintain relationships.

2. Put the Society on Legal Notice, restraining them from making any further Transfer /changes in their records & registers.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

File an execution case in the same court to enforce the order and decree, along with an application for police help to take the possession.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

If your brother is reluctant to divide the property, then you may have to file a partition suit for division of party into two equal shares and allotting one such equal share to you.

If division is not possible then the court will bring the property to auction sale and the sale proceeds will be distributed to both equally.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

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