Buying a resale flat from a divorced lady.


Dear Sir/Madam, I'm am in the process of buying a resale flat in Navi Mumbai area. The flat in question is in sole possession of a lady, who is in process of getting a divorce from her husband. The husband is demanding a share in the said flat and has hence denied an NOC from the society.Society asking for required documents from court and lawyer, that I am attaching herewith. Will this create me a problem in the future? Can the husband lay a claim on the said flat? Any other legal documents/undertaking should i demand from a lady for avoiding further problem?Can i purchase this flat without hesitation? Please help me, i am really worried about this issue. Regards Shankar Maskar



Attached File : 397647 20171019173643 order copy from family court.rar downloaded 12 times
 
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Advocate

I see there is no NOC issued by the socity for resale of the flat in the attached documents. You must ask for the NOC issued in favour of the seller/wife before you proceed with the purchase of the flat from her.

Although the Family Court refused to issue interim injunction order in favour of the husband, but that by itself doesn't prove that his claim of having share in the said property doesn't exists. It was in inability to bring on record prove of his money contribution for purchase of the flat that was considered by the Family Court in rejecting his injunction application, but this by itself will not prove that he does not have share in the property in question, if at anytime in future he is able to get proof of his share in the property, the sale made by the seller/wife will become null & void and you may suffer the financial losses.

A NOC from the husband wherein he agrees of no share in the said property/flat in sale and no claim will be made by him in future should also be asked by you to safeguard your financial status with regard to the property/flat you are buying.

 
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Dear sir,

Thank you for your prompt reply. I kindly hereby you informed that, as per in mentioned in order copy by the family court, a husband has made 22 lakh amount to their joint account. He had submitted account statement to prove he invested in that aforesaid flat in court.But account statement does not prove that paid amount was given towards purchase flat.hence court has denied his claim.

Also, society might be given NOC to a lady, because as per the society requirement she has submitted the legal documents i.e. order copy form court and the letter from a lawyer.

Is he (her husband) can prove that in future by the help of account statement or any other way he invested in the aforesaid flat?

Regards

Shankar Maskar

 

 
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CEO

An ownership flat in Maharashtra can not be sold or transferred unless absolute ownership and possession is proved with properly stamped, executed and registered documents to that effect.
 
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p

In one sentence, avoid that flat. 

Reason (Simplified I give)

1)  This is the order on the application of temporary injunction and matter is pending in Hon. Court

2)  If you purchase the property and that women lose then you too may lose the rights on property and then  recovering of money from that women will be very tough task , additionally property prices are increasing at rate of 10-12 % in that area , So even if you are able to recover money it may be after 5-10 years and later you won't be able to purchase that much flat but you will be required to compromise on less area of flat.  Additionally, this court process for the new person is a headache and disturbing a lot . 

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You have posted PDF ok but I will recommend you to delete that attachment immediately due to various reason 1) Cyber fraud 2) Any dispute between Husband and Wife cannot be published without court permission publicly (Somewhere I think I read provision) 3) Means you posting such PDF can even invite you in legal tangle of some cases if someone gets annoyed. 

 

 
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