► Mrs A had inherited a property (flat) on the Ground Floor of a housing society from her husband in approximately 1971. During her lifetime, the government allocated additional FSI to the society. The FSI right received for the Ground Floor Flat allowed her to construct an additional flat on the 3rd floor. The FSI rights were transferred by a simple resolution passed by the society to the Grandson. The society issued the share certificate for the 3rd floor flat directly in the name of the Grandson. Mrs A's husband was a finance broker. He had two sons and three daughters. Both his son's entered his business. The younger son took his share in the joint family business and separated in 1971 approximately, after A's death. The elder son of A continued with the business, along with his own younger son (A’s second grandson). However, the first grandson of A, to whom the FSI rights of the Ground Floor flat was transferred did not enter the joint family business. After completion of the flat, BMC gave OC, and the share certificate representing flat ownership was directly put in the name of the grandson in or about 1996.
Question: does the grandson have a clear title of the 3rd Floor flat? Is this property considered inherited property? Do the great grand daughters of Mrs A (i.e. daughters of the elder grandson in whose favour the share certificate was issued), have rights to the property? Can they claim their share in the property from their father. Can the father will the property to an outsider – non blood relative.
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