LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   22 July 2021 at 21:27

Can mother be the guardian pf gift deed property to minor

I and my husband are getting divorce on mutual consent. Out of our wed lock we have a daughter who is a minor . As decided between us, I will have her full custody and father will have visitation rights.
My husband wants to gift deed his flat to our daughter before the divorce. he is sole owner of flat so he can be the doner.
Q1 Can he sign as donee as well? Or can I sign as donee?
Q2 After divorce can I live in the flat with my daugther?
Q3 will my husband have any rights (as natural guardian) to sell or rent out the flat even after gifting it (after divorce )?
Q4 Can I rent out the house for daughter's medical or educational needs without husband's permission (after divorce)?
Q5 Can he trouble me for the flat like entering the flat as owner (as daughter's natural gaurdian)
Q6. Can I and my daughter get society amenities access once the flat is gifted to her?

Pyarali Nayani   22 July 2021 at 16:49

Can nominee claim 50% share in jointly owned property

I purchased a flat at yari rd Versova Andheri West through my sole source of funds in July 2005 I had also kept my wife as a co-owner and we signed and registered the purchase deed jointly. No percentage ownership was mentioned in the agreement or in the society correspondence. As a part of procedure that time, we nominated our son Rafiq Pyarali Nayani as a nominee 100% and submitted the nomination form in the society office signing jointly.

In November 2011 my wife left the house along with 2 minor children at that time we had 2 children son 10 yrs and daughter 6 yrs (daughter was born in October 2005) over a domestic/family disputes. Since then till date my wife was staying separately along with our children at different locations. My wife had also sent written intimation the society office in 2012-2014 saying that i should not be allowed to rent, sell, transfer the property and she also requested copy of the sell agreement and nomination registration. Which society office gave it to her without taking my permission. Last month on 27/6/2021 my wife passed away at her Bandra maiden resident. I was informed for the same so I attended the funeral.

A very next day on 28/6/2021 my son wrote an email to the society office saying that "he is the nominee and my daughter is legal heir in the said property and I should not allowed to rent, sell , transfer the mentioned property to anyone else"

Further society office also received a letter from my son's lawyer asking society not to permit me to rent, sell, transfer the flat and also asked to register his client Rafiq Pyarali Nayani as a member/shareholder and to nominate my daughter Elham Pyarali Nayani as a sole nominee and if it is not done then there will legal consequences against the society and me.

Society told me verbally that now I can't do anything as I don't have any rights to rent, sell or transfer the property. Which I m bit surprised.

As I have purchased the flat through my sole source of funds from my singal bank account and till date I m paying all the society dues and property tax through my sole singal bank account.

Please let me know what are my ownership rights and also rights to sell, rent, transfer the property

Anonymous   22 July 2021 at 14:30

Renewal of rental contract

1. i have a three years rental contract (duly registered) for my flat in gurgaon  which is expiring in nov 2021.
2. i want to extend the contract for one more year with increased rental .
3. is it advisable to sign a new contract for 11 months or  extend the present lease  which is better and legally enforceable .    if i extend the present lease  for  11 months, do i need to register the rental contract again ?    

4. how much before the current rental lease should i sign the agreement for extending the lease.
5 any other imp thing to be aware of ?

Sunil Kulshrestha   22 July 2021 at 13:05

Farmers from other states can buy farmland in gujarat ?

I inherited farmland from my ancestors & now own my agricultural land in UP, I would like to buy agricultural land in Ahmedabad-Gujarat. But I am told that only Gujarati farmers having their farmland in Gujarat can buy Farmland in Gujarat. I have read Gujarat Highcourt orders of 2012 but still, it seems Gujarat Government is not allowing farmers from other states to buy land in Gujarat. Please suggest.

Anonymous   21 July 2021 at 21:48

Anticipatory bail plea

for anticipatory bail plea. judge asked the police station to file status report. what does the report contains.

Kani   21 July 2021 at 20:56

Change in pan no. of proprietorship bank account

I have given general POA for transaction of all business, opening & operating of bank accounts, payment of gst & taxes etc. for my proprietorship firm. In my case, I have a bank account with a national bank and would like to change the PAN number associated with my proprietorship firm bank account to the PAN number of my attorney. However, bank is not accepting. Kindly advise whether the PAN number connected with the firm bank account can be changed to my POA holder's PAN no.?

Anonymous   21 July 2021 at 14:08

Does gift deed property required registry and noc?

Q1. if my husband gives a gift deed property (flat) to my minor daughter what is the process? Does local society NOC, Local panchayat NOC and registry required?
Q2 If my ex-husband gift deed a flat to our minor daughter, being a legal sole gaurdian can I sell or give the flat on rent until the daughter is 18?

phani kumar   21 July 2021 at 14:00

Sale agreement validity

Hi Sir,
We have entered a sale agreement with Seller (Husband and Wife) for the purchase of land.
Now one of the sellers (husband) was died. Already signed sale agreement was expired.
Now, we are proposing to enter a sale agreement with all legal heirs (4 children's + Mother).
One of the legal heirs is staying in abroad, planning to give power of attorney to his mother. It will take some time in completing this process
Therefore, we are planning to enter a sale agreement with all the legal heirs without getting sign from NRI legal heir. Is this agreement being valid, we have already paid 50% of money to seller (deceased person).
Request your support.
Thank you

Anonymous   20 July 2021 at 23:30

Resjudicata - framing of issues

In a Mundkar Case where I am an opponent appearing in person, I moved an application under O XIV sub rule 5 of Rule 1 of CPC to frame 17 issues that arise out of the pleadings. The Applicant contested and asked to frame only one issue "Whether she is a Munkdar of our property or not". The Joint Mamlatdar framed only one issue "Whether she is a Mundkar of our property or not". The Joint Mamlatdar did not pass a judgment/order for not framing the issues I applied for but only frame the said issue. Therefore I moved another application under O XIV Rule 5 of CPC asking to frame additional issues listing the same 17 issues. The Mamlatdar passed order that my Application under O XIV Rule 5 of CPC is bared under Resjudicata. My point is that the Joint Mamlatdar did not pass order rejecting my application to frame issues, but framed only one issue. That I had another remedy of O XIV R 5 I moved an application to frame additional issues the same 17 issues. Is there a remedy under any law to challenge this Order. Thank you for your opinion and guidance.

Anonymous   20 July 2021 at 18:22

Sale deed

Dear Sirs,
My friend own a flat in society. There is an agreement for sale of the year 1996 for the said flat in his father's name . his father had paid the stamp duty and registration fees . After his father death he transferred the membership of society to his mother . Now can my friend make sale deed in his own name , of the said flat . Or it is to be made in the name of his mother only .


Post a Suggestion for LCI Team
Post a Legal Query