Sister's right over brother's property in SRA flat
I am a daughter of Mr. KK who currently stays at rented place in Mumbai as place of permanent stay (Mumbai) is under SRA construction and will be available 1 year from now. My aunt , elder sister of my father is now claiming property right over this SRA flat to pay her half the property amount now or she will go to court. To which my father has replied that he will pay her after 7 years of SRA flat possession as he doesn't have money to pay now and can't sell SRA flat before 7 years by law. My father has permanent address proof of ration card, electricity bill to his name but my father 's and aunt's mother didn't write any will to pass this property to my father solely .. Because this was a chawl initially and turning into SRA 1RK flat now and we use to pay rent to landlord, so practically speaking this place didn't belong to my father's mother to write a will. So my aunt still has right over this SRA flat and should my father pay her half amount immediately? Thank you
Asked 12 months ago in Property Law from Mumbai, Maharashtra
) i presume room in chawl was in name of deceased mother
2)if so on her demise your father and aunt would have equal share in the SRA flat
3) if on other hand rent receipts of chawl were in your father name on redevelopment of chalw your aunt would not have any share in said flat
4) if any payment is made by father aunt should execute sale deed wherein she transfers her 50 per cent share in favour of your father
1. You are silent when your grand mother died.
2. If the chawl was belonging to your grand mother and she dies without giving it to your father solely then your aunt has share in it.
3. hence negotiate with her and give her some money so she release her share in the SRA flat in future.
If this is the property of your grandparents who died intestate then it devolved through succession on their children equally. So your father's sister has a share in the property, but your father is under no obligation to pay her immediately. She is free to file a suit for partition to cull out her share in the property, whereupon the court will order partition by metes and bounds.
If this property was not your father's mother's property, then how can it be your father's property?
Did your father purchase this property?
Like your father, his sister also were born and brought up in the same house by their mother, though this property never belonged to their mother also.
Thus by adverse possession and the through government welfare scheme through SRA, this was annexed by your father on behalf of everyone of his family.
Thus, your aunt being one of your father's family or household member of that chawl, she is entitled to a share in it at par with your father.
A payment immediately or at a later stage will depend on the agreement to be entered between your father and his sister.