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Prashant Pandey (Senior Engineer)     30 July 2014

Property through will

Hello,

I am planning to buy a resale Army flat in Noida, built by Noida Authority in 90’s around(lease property).

Transfer of ownership is explained below:

1.   Mr. SC originally allotted(all original docs are available) in 1990
2.   Mr. SC sale to Mr. SK(all original docs are available) in 2002
3.   Mr. SK to Mrs. BK(all original docs are available) in 2003
4.   Mrs. BK died in 2007, she left 2 son and one daughter
5.   She wrote a Will(Registered in Noida Registrar office), and transfer the ownership of flat to her younger daughter in law Mrs. TK
6.   Mrs. TK is my seller
7.   Mrs. TK asked all legal heirs (her husband and other two) to give NOC with KYC
8.   With the NOC/KYC of all legal heirs, ownership was transferred from late Mrs. BK to Mrs. TK by AWHO
9.   She discussed this case with Noida Authority and she has been advised to hide the Will and asked to provide NOC/KYC of all legal heirs, affidavit from legal heirs and Indemnity Bond signed by Seller
10.   Based on above Noida Authority issued the Mutation document, and transferred the ownership from Late Mrs. BK to Mrs. TK
11.   Applied for Transfer Memorandum and Noida Authority issued TM from Mrs. TK  to my self
12.   Seeking for loan and applied in multiple banks
13.   Banks have objection on transfer of ownership, and most of them are denying because
a.   flat was NOT transferred through Will,
b.   No Gift or Relinquished Deed executed to Mrs. TK
c.   Will is not probated.
14.   Now I am able to get loan.

This case is kind of negligence by Authority they simply transferred based on NOC and affidavits, they don’t enforce to go with Will/Probate or Gift/Relinquished Deed.

Now, I am looking for any solution ( TM already  on my name) which may help me.

Can anyone please suggest what I can do now to make myself SAFE?
One option in my mind which I have already told to my seller and she agreed that all Legal heirs(of late Mrs. BK and Mrs. TK) will be present in person and will sign on the Registry
 



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 2 Replies

Vivek Sarkar (Manager)     08 August 2014

Hello, My deceased father had a plot of land in a co-operative house construction society duly registered through a sale deed in his name with a house built on it. He had made a nomination in the name of my brother. The co-operative society has now transferred the membership as well as the property in the name of my brother. Now, my brother is not ready to share the property with me, because he thinks that he has the sole right of the property. What to do in this situation?

Vivek Sarkar (Manager)     08 August 2014

This is also to mention that my father has left no will i.e., he died intestate.

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