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 in Property Law from Mumbai, Maharashtra
it is immaterial that his name appears first and brother name is second in share certificate. brother consent is must for sale of flat
He cannot pocket the entire sale value as his brother who is currently incarcerating in Oman has an equal share in the property. As such, the consent of latter is indispensable.
consult a local lawyer .have power of attorney prepared for signature of brother serving jail term in Oman to proceed further