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shivram (retired)     01 May 2019

Property title

Dear Sir,
My property title details as follows:-
1.Our father bought a flat in 1970.
2.Share and flat in his name.
3.Nominated,His wife ( Our mother ).
4.He had 3 sons & 1 daughter.
5.Father expired in 1987.NO WILL.
6.CHS Transferred the shares & Flat
to Nominee, his wife ( our mother ).
No claim or objection from any Heirs.
7.Ist. son married went to his house.
2nd son married and stayed with
mother.
3rd son married and went to his house.
Daughter married and went to her house.
8.After 20 years in 2007,our mother made a gift deed in my name( 2nd son).Registration and stamp duty of Rs.29,000 paid by me.
9.The gift deed and other documents
were submitted to the CHS.The
shares and flat were transferred to my name.
10.There was no claim or any objection from the heirs .
11.Our mother stayed with me and she passed away in 2014.
12.For 12 years the shares and the flat is in my name and there was no claim or objection from the heirs to my mother of to me.
13.As the buildings are old ,I want to sell the flat.My question is A, what documents do I need. b. Will the heirs make any claim. C.Will the buyers ask for other certificates.D.Is my title deed legal and I can sell the property.
14.Kindly advice.
Anonymous.


Learning

 26 Replies

Shashi Dhara   01 May 2019

If Ur brothers and sister consented the gift deed which Ur mother made to u then ok if not Ur mother's and Ur s share will become totally 1/5+1/5=2/5 only.what about Ur brothers and sister opinion about it.contact them and take consent witness for selling the property

Shashi Dhara   01 May 2019

If not GPA from them

Shashi Dhara   01 May 2019

If not take GPA from them

shivram (retired)     01 May 2019

What is GPA? Is it get power of Attorney? Is a Release deed or NOC from them good enough.? Any legal opinion welcome. Is the 7 years period of no claim when mother was alive dissolve their right to ask.

shivram (retired)     01 May 2019

Does the daughter have the right for a share in fathers or ancestors property if he died before 2005. As far as I know she can only get it if he died after 2005.

shivram (retired)     01 May 2019

What value of the property or flat to be taken? I paid stamp duty on gift deed,value of flat ( Ready reckoner value as Rs 14.5 lakhs, or todays Ready reckoner value? Mr.Shashi Dhara,I hope you are a lawyer, please kindly answer, the above 3 queries.

shivram (retired)     01 May 2019

Would be very happy if any experienced lawyers would take their precious time,to study and answer this old man's questions.

Shashi Dhara   01 May 2019

GPAmeans general power of attorney if Ur brothers and sisters furnish GPAu sell it.if it is ancestral property he dies before 2005 then also Ur sister gets share but it is 1/20which becomes negligible. U do one thing if purchaser doesn't objects urself register it as the flat is old.they may agree .

shivram (retired)     01 May 2019

Thank you Shashi Dhara,for your advice.As the Gift deed is registered and stamp duty paid in the presence of my mother,many purchasers will agree ourself to do the registration.I am hoping for the best.
Thank you.

kavksatyanarayana (subregistrar/supdt.(retired))     01 May 2019

Dear Sir, your father nominated your father. Nomination is different from owner.  so your mother, yourself, your brothers and sister having equal rights over the property.  So the Gift deed shall be for your mother's share only.  Now you have to get the registration of relinquishment deed from your brothers and sister for their shares (each 1/5th share).  Then only you can sell your property.  If any buyer agreed to buy if your brothers and sister sign as witness, the buyer cannot grant loan and it is not advisalble.

shivram (retired)     02 May 2019

Thank you for your advice. As all are in different places it is difficult to get them here. Is a release deed on Rs.200 stamp paper,signed by all and Notarized by notary acceptable. It is not an ancestor property, it is my fathers property bought by him.So does my sister get a share as he died in 1987.

shivram (retired)     02 May 2019

The word nomination and nominee is so misguiding and millions are trapped into family disputes between heirs, and legal battles.The Chs transfers the shares and flat in the name of the nominee and then says he or she is only a caretaker. It is a big joke, misunderstood by thousands. Why dont they make it like west Bengal, where this complication is not there. The lawyer's club should take up this matter with the supreme court to put a stop to this inconvenience. Above this a will has to be made.People were generally not aware of all this.we of late also did not know about this.I am running from pillar to post.Please advise.

shivram (retired)     03 May 2019

Mr.Shashi Dhara. Please explain " If the purchaser does not object,yourself register it, as the flat is old ".kindly elaborate.Also explain more in detail sisters share.Thank you.

shivram (retired)     04 May 2019

For registering the release deed or relinquishment deed all the heirs have to be present in the registers office to sign the documents.1 heir is in Thane,one in Bangalore, one i Chembur and all are old and ailing.Cant I get it signed from them an produce it in registers office in chembur.kindly advice.

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