• Parents' property

Hi I have been on this site before but missed the answers and also opportunity for free questions

This is regards a property in Mumbai.

My parents had purchased a property in mumbai in 1970 under the name of 
 1 Mother
2 Father.
We are four siblings twos and two daughters all married and living away .
My mother passed away in 1999 and the the property was in sole name of my father.
In 2002 my father inserted my elder brothers name as associate member .

My father too passed away in 2006.

My brother is not ready to share any thing in the property  and the property has been transferred in his sole name after giving letters in advance to the soceity.
The building has gone for development and also possession given to my brother .
In between we were negotiating with our brother who said after redevlopment  we all will sit and think who gets what . 
But a month after possession of the flat my brother too passed away in Dubai and my sister in law did not inform any family members including our Paternal and Maternal  family abt his death  

We came to know through far relatives.

I want to know my rights in the said property
 Now  can i file a case for the flat?
If yes what will be the court fees as i am not that well off?
My other brother and and sister are settled abroad so it seems they are not interested OR do not want hassles.

Whats the difference between civil and High Court

Society does not entertain us at all.
But Once during negotiating between me and my brother I had received a mail from the society 
where in they have asked my brother (flat holder) to get Fresh NOC from all of us if he wants to transfer the flat in any one of us OR add his wife and sons name .

I am sure I have not given any NOC anytime to my father or Society regarding this flat.
Asked 8 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1. On the death of your parents all the siblings have co-owner of the property in equal share.
2. Do note that mere making a legal heir member of the society will not relinquish the due share of other legal heirs in the property.
3. So all the sisters and left out brother can claim their undivided 1/4th share and if they are refused to get the same they cna file suit for partition for claiming their due share.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
1) you have to file suit for partition to claim share in flat 

2) since your mother died intestate on her demise her share in flat would devolve on all her 4 children and husband 

3)merely because your father made your brother an associate member would not make him 50 per owner of the flat as no NOC was obtained 

4) i presume your father died intestate 

5) on father demise his share would devolve on all his children equally 

6) you have to file suit for partition to claim your share in flat 

7) file application with society how  flat was transferred in brother name absolutely on father demise . 

8) jurisdiction of court depends upon the reliefs claimed . 

9) HC has original jurisdiction wherein reliefs claimed are for more than one crore 

10) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0

1) suit has to be filed by you in HC . 

2) court fees would be Rs 3 lakhs if your share in property is worth 5 crore 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
1) court fees would be on value of your one fourth share in flat 

2) issue legal notice to society not to transfer flat in name of your sister in law / children 

3) legal fees vary . 

4) suit for partition would take years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
I want to know my rights in the said property
 Now  can i file a case for the flat?

You can very well file a case for partition and separate possession of your 1/4th share in the property



If yes what will be the court fees as i am not that well off?

Whether you are well off or not the requisite court fee has to be paid otherwise the case cannot be taken on file. The court fee aspect differs from one state to another across the country, you may enquire about his locally.





My other brother and and sister are settled abroad so it seems they are not interested OR do not want hassles.

Whether they are interested or not they have a right to a share in the property so they may have to be impleaded as necessary party to the suit.




Whats the difference between civil and High Court

You may search for the difference from google web site




I am sure I have not given any NOC anytime to my father or Society regarding this flat.

If society is not responding to your claims, you may implead them as another party to the suit for seeking necessary relief against them too.
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
can i file a case  in civil court or high court and what would the fees if the property is worth 5CR

You may consult a local lawyer who will be able to give a convincing answer to all such local questions.
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
But what is the other way as i am not able to pay court fees of 3 lakhs  at one  go  and also the lawyers fees as  i am working woman and i cant afford court fees. Do i have to pay the court fees on the cost of the flat or on the 1/4 share of the flat.

The court fee can be paid to your share alone, ie.1/4th share in the property.





T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
s there any other way out.  It seems i am misguided . Approximately apart from court fee how much will it cost me along with lawyers fees. PL provide an idea as different lawyers are quoting differently.

There is no fixed fee for lawyers.  It may depend on the lawyers you may engage and the same cannot be predicted by another lawyer.
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
It seems that your parents passed away intestate, as a corollary thereto all children have succeeded equally to the properties owned by them. The share of all heirs is equal and any one of them can file a suit for partition to cull it out. The court fee can be told only by a local lawyer as the court fee is not uniform throughout India. Depending on the value of property the appropriate forum's jurisdiction will have to be invoked. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Without a lawyer and court fee you obviously cannot succeed in the court. So apply to the Legal Services Authority to assign you a lawyer at stare expenditure, which of course is subject to you meeting the eligibility criteria laid down in this regard. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
you can file partition suit. court fee will be applicable on the value of your share in the property. you have to pay court fee on 1/4 share of the property i.e. on 1.25 crore. 

this is joint property because your father had no intention to separate this property from HUF. if he had such intention he could make a Will or gift. but he died intestate. 
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0

Ask a Lawyer

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

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0