• Property Problem

Mr. A is the first owner of the  house property at Dahisar, Mumbai registered under the cooperative societies act (property was bought in August 2009).He has financed the house 100% and the house is co-owned by his elder brother Mr. B who currently serving his jail term in Muscat Oman (precisely 10 years). Also to add Mr. A has disowned his elder brother, Mr. B earlier in 2004. However, later Mr. A financed his elder brother's entire marriage and also gave him the house of Dahisar to stay. However, Mr. B's criminal records has resulted in Mr. A to change his thoughts and wants his 100% financed house at Dahisar to be sold. What are the options available with him to sell  the house and get the enitre sale value in his name?
Asked 2 years ago in Property Law from Mumbai, Maharashtra
Mr A would need Mr B consent to sell the flat . both are co owners of flat . the mistake A made was purchasing flat in joint names . without B consent flat cannot be sold
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
you will have to send the documents in oman jail for his signature
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Since Mr.A has paid the entire consideration for the property; Mr. A can very well file a suit for declaration of absolute ownership over the property.
Sai Kiran R
Advocate, Bangalore
86 Answers
6 Consultations
4.7 on 5.0
let B furnish power of attorney in favour of his brother  A  for sale of flat in Mumbai .
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
B has an equal share in the flat. Hence, property cannot be sold without his prior consent.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Absolute ownership cannot be assumed unless and until B relinquishes his share in A's favour, which would require B to make a relinquishment deed or family settlement in A's favour.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
The property cannot be sold if B does not make a POA in A's favour.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
B can execute Relinquishment   Deed   in favour of A
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0

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