Dispute over transfer of property share
Anup
(Querist) 07 May 2012
This query is : Resolved
Dear All,
On the outset, I am thankful to all the members here for creating such a useful forum.
I have a quire, which i presume, i can rely on your expert opinion & advice.
The quire is apropos to a property dispute, which is registered in the name of 4 family numbers, residents of mumbai mainly including----
1. Son in Law
2. Daughter in Law
3. Mother
4. Daughter
The said property is in Goa measuring 600 meters,the property was jointly purchased by all the members at the cost of 8 lakhs (2 Lakhs by all the members) in 2002, plus the cost of registration and legal fees was shared equally by all.
My mother who is 85 years old but mentally and physically active, wishes to transfer her part / share to one of her other daughter, Age 45, Divorced, a resident of Mumbai,
Now the twist here is, except my mother, all the others members are against the idea and are creating obstacles. also to add the fact, while the property was being purchased, the other sister, who is one of the shareholders, during the purchase had taken money (2 lakhs) from this sister of hers by cheque and paid her share while the transaction was going on and even in the sale deed, the cheque number can be seen,
now my quire is
1. can the other 3 members object to such a transaction ?
2. how can this sister of mine retrive her money from the registered member (sister)
3. what are the legal complications ?
I would highly appreciate if i could be adviced.
Thanks in advance to all who take the time to go through.
Regards
Yogesh
Shonee Kapoor
(Expert) 07 May 2012
It is complicated. Those who wish to sell/ transfer the property can ask for partition and then sell/ transfer their part.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Anup
(Querist) 07 May 2012
Hi Shonee,
Thank you for your reply. Please note we have tried doing mutation, but the other 3 parties have not agreed. Also my mother has already given her the power of attorney for her share, which has been notarized, would that be Valid in the court of law?
Thanks
Again.
Yogesh
ajay sethi
(Expert) 07 May 2012
yogesh
since property is standing in 4 names mother can transfer her 25% share of property to her daughter by means of giftt deed . others cannot object to the same .
if for more than 10 years sister has not taken any legal proceedings for recovery of rs 2 lakhs lent to her sister it would be difficult for sister to recover the money now .
the ideal solution in such a case would be to sell the property and divide sale proceeds
adv. rajeev ( rajoo )
(Expert) 07 May 2012
Property is held jointly, without partition by metes and bounds share of the one of the joint holders cannot be transferred.
Anup
(Querist) 07 May 2012
Thank you Ajay,
Pardon my ignorance, i did not mention the fact, that the other 3 members are not willing to sell off the property, also there is a house standing at the center of the plot (300 meters) rest is garden, so mutation is practically impossible, other than gift deed, is a power of attorney a good tool to get the 25% share transferred and registered in her name ??
Thanks once again. appreciate your help.
Regards
Yogesh
ajay sethi
(Expert) 07 May 2012
if other s are not willing to sell the property ask the mother to make a will bequeathing her share to her daughter .
Deepak Nair
(Expert) 07 May 2012
Your mother can transfer her share on the property to whomever as per her wish and the co-owners cannot object to the same. She can either execute a gift deed or a will in favour of her daughter.
Anup
(Querist) 07 May 2012
Thank you Ajay & Deepak...
My only question unanswered is,,,, is power of attorney accepted in the court of law ?
Regardds
ajay sethi
(Expert) 07 May 2012
power of attoreny ceases on death of the mother . what purpose will pOA serve?
Anup
(Querist) 07 May 2012
The mother is still alive and she has given her the power of attorney, can she transfer the mothers share on her name... without any hindrance from the other 3 members ???
Thanks once again.
Regards
