How to get my unmarried aunt's promise apartment
2 years ago
I was promised by my aunt that I will be receiving her apartment after her demise, therefore when the apartment was made I invested my money in it, did the maintenance for the apartment, gave the maintenance to the society for the apartment even paid the electricity bill for five years. Now after her demise her brother is demanding that he will take the apartment and will rent the apartment. is there any way I can get the apartment?
Chenoy Ceil
Responded 2 years ago
A.Hello,
Under these circumstances, you have the option of filing a suit for declaration and possession based on the documents you have. Given that no specific testamentary document is in existence, that's the only route available.
If you find my answer helpful then kindly rate me.
Under these circumstances, you have the option of filing a suit for declaration and possession based on the documents you have. Given that no specific testamentary document is in existence, that's the only route available.
If you find my answer helpful then kindly rate me.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Yadi aap ki aunty dwara koi registered will nhi ki hai tab uske nearest successor property ko parapt karne ke adhikari hai. Bhai succession ka adhikari nhi hai. Isliye aap bhi kuchnhi kar sakte. Yadi aap ke fever me koi documents likha hota tabhi aap prapat karne ke adhikari hote hai.
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A.Dear Sir,
Get it leased out to a strong and thus retain possession.
Get it leased out to a strong and thus retain possession.
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A.Hi,
The option that you have left now is to file a suit for the division of the property belonging to your aunt. You have the documents to prove your interest in the property such as maintenance and electricity bills however they are not conclusive.
If you find my answer helpful then kindly rate me.
The option that you have left now is to file a suit for the division of the property belonging to your aunt. You have the documents to prove your interest in the property such as maintenance and electricity bills however they are not conclusive.
If you find my answer helpful then kindly rate me.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You could have executed a gift deed while she was still alive, however that is out of the question now. You can file a suit before the court asking for your share. The court might consider the investments that you have made which may serve as an evidence for proprietary interest.
If you find my answer helpful then kindly rate me.
You could have executed a gift deed while she was still alive, however that is out of the question now. You can file a suit before the court asking for your share. The court might consider the investments that you have made which may serve as an evidence for proprietary interest.
If you find my answer helpful then kindly rate me.
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A.Its a tricky situation as unless you have anything in writing which says that she intended to transfer the flat to you it will be difficult for you to get it. In absence of any testamentary document the law of succession will take its course and there you will have place to claim any right in the apartment. You may take chances in the court by providing the prove that you made all the payment for the apartment, if you can but that's a bit far fetched.
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