Flat is on two names 1) first name Grandmother 50% owner, decrease and has 8 legal hairs 2) Second Grandson is 50% owner and maintenance paid by him 3) presently position with one of the legal hair from 8 and he is staying there from last 40 years In the case of redevelopment 1) who is authorized to sign for redevelopment 2) who will get corpus and rent 3) after redevelopment who will get the possession of the flat
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1) I presume grandmother died intestate
2) on her demise her 50 per cent share would devolve on her 8 legal heirs
3) apply for and obtain letters of administration from high court in name of legal heirs
4) redevelopment agreement has to be signed by all the legal heirs
5) corpus and rentals would be paid in name of all legal heirs
6) possession would be delivered to owner agreed to between the legal heirs
Sir, what is society role in this case, because i asking question behalf of society thanks
Society should insist that legal heirs apply for letters of administration from Bombay high court as grandmother died intestate
- As per law, 50% share of Grandmother will be devolve with her 8 legal heirs, after her demise.
- Further , during the life time of Grandson , he will hold the 50% share
- Since, one of the legal heirs is staying there since long period, then he can take the authorisatioin letter from other legal heirs , and second grandson for the purpose of redevelopment .
1. Redevelopment agreement should be singed by all the legal heirs and the second grandson. After getting the authorisation letter , the person in possesson , can execute the agreement of redevelopment.
2. All the legal heirs.
3. If, the person , who is in possession having authorisaton letter from other all legal heirs , then he can get the possession of the flat .
1. All the legal heirs and the grand son all have there share in property and are legal owners.
2. All shall get same in proportion.
3. The owners shall get possession. If the builder fail they can seek same through court.
Society have to release fund and possession on authorisation of all signatory.
The flat basically belonged to two people i.e., the grandmother and her grandson.
Now upon the death of the grandmother, her share in the property shall devolve on her own class I legal heirs or successors in interest.
During the redevelopment, all the class I legal heirs of the deceased joint owner along with the current joint owner have to sign the papers for redevelopment.
All the nine shareholders, i.e., divided into two parts, by which 8 people are entitled to one part and the grandson the other part shall be entitled to avail the corpus as well as the rental income.
It will be given as joint possession until there is any understanding or amicable settlement/arrangement among the shareholders in this connection
Society cannot interfere in the entitlement of individual shareholders in this property,because as per law all the nine are entitled to their legitimate share in the property.
Society's job is to ensure fair and proper distribution of all other aspects in this regard.
The benefits will be given to the person who is alive and under whose name the flat is. The developer will not pay the amount of the title is disputed and only court can decide the same
Who actually paid to purchase this flat ?
Well, 50% owned by grand son and rest 50% inherit by 8 heirs. All have to sign. Rent will distribute acc. to inheritance right. 50% to grand son and rest 50% between heirs by 1/8th share each.
Possession will receive jointly and partition in same proportion. Society has no say except demand of confirmation for redevelopment from all.
all legal heirs should sign redevelopment agreement.
all legal heirs get corpus and rentals.
flat possession will get jointly and partition in same proportion.
The Society should write to the claimant , to file petition in the High Court (Testamentary & Intestate Jurisdiction) and obtain the said "Letter of Administration" .AND. based on such order, the Society may safely transfer the right, title & membership of the said property to the claimant.
All the legal heirs and grandson have to give consent for redevelopment.
The corpus and rent will be divided as 50% to grandson and rest will be divided as per consent of other legal heirs.
The possession will be initially handed over to the heir residing in the flat.
1. the legal heirs of GM and the grandson are presently co-owners of the flat
2. if there is a dispute between them, then the society will have to step in
3. this particular flat can be excluded for counting the 70% consent of members
4. the builder will deposit the rent and corpus with the society and possession of new flat will also be given to the society
5. the parties claiming right over the flat will have to get their disputes resolved through court by filing a civil suit
6. the society will act as a trustee till the suit is pending and will hold the flat and other redevelopment benefits in trust for the party who will be ultimately adjudged by the court as being entitled to the flat and the said benefits
