Civil,Propert ,Family Dispute

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asked Nov 12 in Civil Law by Hasan Zaboli

Dear Sir/Madam

This Is to Inform You That We Are Three Brothers .

We Were Residing In 3 Rooms in An Old Tenement Building in Dadar Mumbai Area.

One Room Was Comparatively Bigger Than the Other Two.

These Three Rooms Were in My Mother’s Name.

A Private Builder Came Along and Bought the Building Under Redevelopment and built a 22 floor Complex Apartment.

After 3 Years in June 2017 That Is 5 Months Back on 1st June 2017 We  three brothers Got Possession of The three Flats with All the Agreement Papers Intact Issued by Builder and Mhada. (Maharashtra Housing Area Development Authority).

We Got Three Flats and Each Flat Has Three Brothers As 33 Percent Stake Holder So All Three Flats Are All on Three Brothers.

Each brother got a set of 3 keys of all three flats as it is a joint account.

We told the builder to put the three flats in each brother’s name.

Builder said since the rooms were in my mother name he can’t put separate names in each brother name .

But the Builder agreed and said he would do it if we three brothers mutually agreed and went to him and request him to do so he would put in flat in each brother’s name, but my rouge brother is not cooperating .

We two brothers are on one side and the other rogue brother in on the other side against us.

My rogue Brother Is Trying to Grab All Three Flats and He Tried and is trying His Level Best but He Was/Is Not Successful Since the Builder and Mhada officials supported us and Helped Us to Get All Three Flats in All Three Brothers Name.

We Gave the Flat Which Is Bigger in Size to Our Rogue Brother So That He Would Cooperate with Us in Giving the Other Two Flats to Us and Help in In Putting the Flats in Each Brother’s Name but He Is Not Doing That.

Presently We two brothers Have Got Possession of The Flats and My One Rogue Brother Who Is Trying to Grab Our Two Flats Has Bought His Luggage and Goods in Two of Our Flats.

We registered a police complaint  but police  Says Since It Is Joint Account He can Keep His Goods in Our Two Rooms and we can keep are goods an stuff in his room

But His Intensions Are Evil and he is up to dirty tricks

Registration of The Three Flats Is Not Yet Done as My Rogue Brother Is Not Cooperating and Not Coming Forward to The Collector’s Office to Get the Same Done.

We Want to Get the Three Flats Separated and Put in Each Brother’s Name but Builder Is Saying the First Step Is to Get the Flats Registered but Our Rogue Brother Is Not Cooperating.

We Two Brothers Have Offered Our Rogue the Bigger Flat So That He Would Cooperate but No Success

Also Housing society of our building has not yet been formed as all tenants have not yet moved in the flats.

 

The question/query we ask is

If we go for partition/separation of 3 flats in three brothers name

1: What will be the cost of the entire process of separation/partition of the three flats be ?

2: What will be the duration of the entire process of separation/partition of the three flats be ?

3: Will the verdict be in our favor as we two brothers are in a majority ?

4: Can the Builder Go Ahead and Put the Two Small Flats in We Two Brothers Name or Else We Have to Apply for Separation/Partition of The Flats in The Three Brothers Name ?

5: Through the court Can We Ask Our Rogue Bother to Pay the Difference of The Bigger Flat He Is Temporary Occupying or Tell Him to Sell All Three Flats and Distribute the Money Equally?

6: Builder is telling us to first go in for registration of flats and then apply for separation of the names of the three flats? Is it Correct?

7: If we two brothers Issue/Send My Rogue Brother a Legal Notice/Summon to Come forward and Cooperate and Help in Getting the Three Flats Registered within A Specified Time limit , and if he does not come forward and cooperate can The Builder Go Ahead and Get It Registered with We Two Other Brothers minus the rouge brother?

8: Can you recommend any good civil/property/family lawyer in Mumbai Maharashtra who specialize in such case and have handled such cases. ?

 

Please advise as we are stuck in a quagmire and are totally confused as Presently we cant sell nor rent the 2 flats

 

 If Required I Can Scan and Email All the agreement Papers which is in the three brothers name Issued by The Builder and Mhada for Your Reference

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