• Flat ownership

I jointly own flat with mother. If my brother pays society charges for more than 10 years can he claim ownership of the flat?
Asked 2 years ago in Property Law
Religion: Hindu

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12 Answers

No.  The maintenance is to be paid by the occupants/tenants as well and is not an entitlement for ownership.  

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

No. Just because your brother pays society charges for more than 10 years, he can't claim ownership of the flat. Adverse possession can't be applied in this case.

Shashidhar S. Sastry
Advocate, Bangalore
5111 Answers
314 Consultations

5.0 on 5.0

Paying society charges doesn't make you the owner of the property. He paid the charges and he can have it back of he wants. There was no agreement with him.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear Client,

According to this little information, he cannot claim ownership of the flat as the flat is jointly owned by you and your mother.

Thank you

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

No he cant

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Merely paying maintenance charges does not make your brother owner of flat 

 

receipts would be issued by society only in name of flat owners as per society records 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

No, just because he pays the maintenance charges for a long time, he doesn't becomes the owner 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Hi, Because your brother is paying maintenance to the  Society it doesn't mean that he is the owner of the flat.  Your brother can't claim ownership of the property.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

- Since the said flat is in the joint name of mother and you then it cannot be claimed by your brother even he has paid the amount of maintenance or any other amount.  

- Further the society has also no power to transfer the flat in his name.

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

No, your brother has no right to such a claim, as you and your mother are the registered owners as you say.

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

Merely paying the society maintenance charges one cannot claim ownership of title to the flat.

The registered title owner's title cannot be just like that be taken away by a third party

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

Your brother can not claim ownership just by paying of society charges.

Zafreen Khan
Advocate, Greater Mumbai
54 Answers

5.0 on 5.0

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