• Disputed flat in Bombay

Mom passed away and 3 daughters have equal shares. Flat is still in mom’s name. It went under redevelopment and one daughter lives there and pays maintenance and not willing to sign. What will happen after the development?
Asked 2 days ago in Property Law
Religion: Hindu

10 answers received in 1 day.

Lawyers are available now to answer your questions.

11 Answers

All the legal heirs are entitled to an equal share in the property left behind by the deceased owner.

One daughter who is presently occupying the redeveloped flat cannot refuse to share the property along with other legal heirs.

The aggrieved legal heirs can first issue a legal notice demanding their share in the property physically or in kind as consideration towards compensation of their rightful share in the property.

Failing to comply with the demand, a suit for partition can be filed for division of property by metes and bounds and if the property is indivisible then the court to auction sale of the property directly and disburse the consideration equally or proportionately to each shareholders 

T Kalaiselvan
Advocate, Vellore
90196 Answers
2506 Consultations

The developer can handover the keys to all of them together or to the person authorised by others. 

If there's a dispute and in case of objections then the developer may not deliver possession until the dispute is resolved among them. 

T Kalaiselvan
Advocate, Vellore
90196 Answers
2506 Consultations

After development all 3 daughters have equal share in flat 

 

builder will give possession to one daughter only after NaoC from other 2 daughters 

Ajay Sethi
Advocate, Mumbai
99995 Answers
8163 Consultations

 

Builder will insist on consent of all the 3 daughters before giving possession 

Ajay Sethi
Advocate, Mumbai
99995 Answers
8163 Consultations

All 3 daughters own the redeveloped flat equally (1/3 each).

So keys/possession must be given jointly to all 3.
If 1 sister refuses to sign, the builder/society may hold back handover/registration until NOC or a court order—but she cannot become sole owner just because she lives there or pays maintenance.

 

Shubham Goyal
Advocate, Delhi
2219 Answers
17 Consultations

- If mother died intestate , then as per law, the three daughters will have equal right over the said Flat 

- It means the consent of three needed for for getting said Flat by one of any heir 

- If there is no dispute then any of the daughter can approach the builder for getting the said Flat after getting NOC or relinquishment deed from others. 

Mohammed Shahzad
Advocate, Delhi
15859 Answers
243 Consultations

If that 1 daughter has been living in the old premises prior to and at the time of demise of your mother, then she becomes the statutory tenant of the old premises 

The new flat will be allotted to that daughter since she would be the occupant of the old premises 

If the other 2 daughters are claiming any right in the new flat then they will have to file a suit 

Please note that daughters once married and having moved to their matrimonial homes, lose tenancy right In their parent's tenanted property 

The daughter who is living there should be living as if she is her own house 

Mere temporary occupation would not confer any tenancy right 

Yusuf Rampurawala
Advocate, Mumbai
7929 Answers
79 Consultations

All the three daughters have equal share irrespective of redevelopment send a legal notice else file a civil suit.

Gaurav Ahuja
Advocate, Faridabad
153 Answers

The share of every one is equal in the redeveloped flat. If all of you don’t agree the matter needs to be decided by court through partition of the same

Prashant Nayak
Advocate, Mumbai
34675 Answers
249 Consultations

Upon completion of redevelopment, the builder is contractually and legally obligated to hand over possession to the rightful legal owners. As the flat is still in your mother's name, the three daughters collectively constitute her legal heirs and are the beneficial owners. The builder will likely insist on clear title and a unified instruction. Therefore, the keys will not be released to any single heir without the consent of all. The daughter in occupation cannot unilaterally claim possession. If an agreement is not reached, the builder may deposit the keys with the court or a legal escrow agent until the heirs resolve their dispute through a partition suit or mutual settlement, compelling cooperation.

If the dispute persists, the most probable outcome is a legal stalemate where the builder, to avoid liability, will refuse to hand over keys to any party without a court order or a succession certificate/probate from all heirs. The residing daughter cannot compel possession solely by paying maintenance. The other two sisters can initiate legal action for partition, seeking a court decree to either physically divide the property, order a sale with proceeds split, or regulate possession. The court may eventually order the flat's sale and division of proceeds, or allocate physical possession to one sister with compensation to others, but this requires a final decree, which is a lengthy process.

Lalit Saxena
Advocate, Sonbhadra
140 Answers

Under Hindu succession law, when your mother passed away intestate (without a will), her three daughters automatically became equal co-owners of the flat — each holding an undivided 1/3rd share. The fact that the flat is still recorded in your mother’s name in society or municipal records does not change the legal inheritance; mutation is only for administrative purposes.

 

When the building goes into redevelopment, the legal character of ownership does not change. The old flat is replaced by a new flat, but it continues to belong to the same owners in the same proportion. So after redevelopment, the new flat will be jointly owned by all three daughters equally.

 

The society or developer is not supposed to hand over possession (keys) to only one sister merely because she is staying there now or paying maintenance. Legally, possession should be handed over jointly to all legal heirs or to a person authorised by all of them. In practice, many societies hand over keys to the person in physical occupation, but that does not give her exclusive ownership rights — she only holds it on behalf of all co-owners.

 

If one sister is refusing to sign documents or cooperate, the redevelopment cannot legally extinguish the other sisters’ rights. Your 1/3rd shares remain fully protected. The non-cooperating sister cannot become sole owner just by staying in the flat or paying charges.

 

After redevelopment, there are generally three possibilities:

 

• The flat is handed over jointly (all three sign possession papers)

• It is handed over to one sister as an occupant, but legally for all three

• Disputes arise and the society/developer keeps possession pending resolution

 

If one sister continues to block signatures or tries to take exclusive possession, the other sisters can:

 

• Seek mutation in all three names as legal heirs

• Issue legal notice asserting joint ownership

• File a suit for partition and separate possession (or sale and division)

• Seek injunction restraining exclusive possession or alienation

 

Courts consistently hold that redevelopment does not alter inheritance rights.

 

Regarding maintenance — the sister living there can later claim proportionate reimbursement from the others, but she cannot claim ownership based on payment alone.

 

In simple terms:

 

All three daughters will legally own the new flat equally.

Keys should ideally be given jointly.

If given to one sister, it does not cancel the others’ rights.

If cooperation fails, partition proceedings are the ultimate solution.

Yuganshu Sharma
Advocate, Delhi
1118 Answers
4 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer