My father gifted our family flat in a Mumbai CHS to my cousin 20 years ago, using a simple written agreement. He later transferred the membership to his name, but we still hold all the original documents. Now we want our flat back, but they aren’t cooperating. Can we take legal action against both my cousin and the society?
Best Answer
You have a strong legal basis to reclaim the flat. Since the initial gift was through a simple agreement, it lacks legal validity under Indian law, and the subsequent membership transfer to your father could be challenged. You can file a suit for specific performance against your cousin and the society, citing the invalidity of the gift and seeking the transfer back of ownership.
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