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R. Vishwanath   12 July 2011 at 13:04

Transfer of house property from deceased husband to wife

My friend passed away and his house now needs to be transferred to his wife's name. What are the documents to be submitted to the society?

Anonymous   12 July 2011 at 12:44

Flat nomination

My mother owns a flat in Mumbai jointly with 50% shares in her name and 50 % shares in my father’s name. My parents now wish to submit a nomination which should be in such a way that after whoever passes away first (either my father or my mother), the nomination should be my elder brother who is married and has 2 children since he earns the bread for our family. My father is retired, my mother is a housewife and I am yet single, due to personal and health reasons I have decided not to marry.

In such an event, my parents want my name to be considered for second nomination. For e.g. after one of my parents, say my father, if passes away first, my brother will be the first nominee, which will mean thereafter my mother (survivor owner) will be 50% owner with my brother as a co-owner. Now my query is, tomorrow after my mother if I have to be nominated, can this happen? Or the nomination can go to my brother’s wife? To avoid any inconvenience for me, my parents want to nominate me as the second nominee without my sister-in-law taking any kind of objection. In such a case can my sister-in-law claim to be a nominee after my parents (both – father n mother) pass away or legally I can be the nominee?

Can you please advise how should we plan the second nomination, in event of the death of the second owner.

Dhiraj Bagri   12 July 2011 at 12:13

Non inclusion of name of buyer

Respected Members,

Need your valuable opinion on the following issue: -

A, B, C and a company say - XYZ Ltd had bought a Land of Rs.60 Lacs.

(A, B & C are the shareholders of the company)

They had paid their respective shares to the buyer in proportion as follows: -

A - Rs.10 Lacs
B - Rs.10 Lacs
C - Rs.15 Lacs
XYZ Ltd - Rs.25 Lacs

In the conveyance deed following has been shown: -
1). Land value of Rs.35 Lacs instead of Rs.60 Lacs has been shown.
2). Name of XYZ Ltd has not been shown inadvertently but of A , B & C has been shown.

I need to know what is the solution to include the name of XYZ Ltd in the conveyance deed or is there any other way out to solve this situation.

Expect your co-operation wrt the above.

Thanking you

Dhiraj Bagri







C.V.RAMANA   12 July 2011 at 12:07

property distribution

Dear Sir,
We are two sisters and two brothers,my father died in 14th May`11 & my mother died in 1999 as per our knowledge without making a will.My father remarried in june 2001 with a woman which all children`s consent was not taken for his good.
Anyway now the widow(Step mother) claims that my two sisters had given in writing to my father that they would not claim the property which has also money from our ancestral property in Andhra pradesh.Now the property(movable& immovable as well) made by my father in hyderabad is to be divided.Stepmother says only we both sons can be part of claim with her as sisters have given in writing which she is not showing us.As my father had retired from air force,step mother shall be getting family pension as well.
Pls advise as what steps are to be taken?

Mr Sreejit   12 July 2011 at 11:34

TENANT DEMISED 2 YEARS BACK, HOW TO GET BACK THE PROPERTY

DEAR SIR,

PROPERTY DETAILS - A PIECE OF CI SHED/LAND ADMEASURING 1400 SQ.FT W/O POWER IN CENTRAL KOLKATA AREA.

A piece of land w/o electricity was rented to Mr. X several years back. Mr Y, niece of Mr. X is doing some commercial business
in the place. The rent is sent/given to us through the niece for which I used to make a receipt in the name of Mr. X, who is my tenant.

Mr. X expired amd this is not known to me for a long time. The rent amount was a very meager and nominal Rs 125/- p.m. for a land of 1400 sq.ft in central Kolkata area, where this may fetch Rs 40,000


After the demise of the tenant, none from the family of Mr. X approached us to renew the rent contract/agreement.

Mr. Y, the stranger to the rent contract/agreement, who is occupying the place approaches to pay rent and asks me to give him a rent receipt in his name.
Also Mr. Y is not financially strong so that I can re-enter a contract of rent with market rates, nor he can purchase at market rate.

I am in need of the land for my own use. Also, as the tenant expired.

Please give me the steps I should follow to get back the land.

Regards,

Sreejit.
9836263685.

Anonymous   12 July 2011 at 11:10

double registration of plot

Same plot was registered to two persons and we want to compromise between us. The other party wants to give up his rights in my favour. What type of deed we should enter? He doesnot want to pay tax according to market value but ready to pay on the consideration he is going to receive. Please help me and provide a draft deed copy of the same.

Anonymous   12 July 2011 at 10:56

Case LAw Needed

I want recent case laws on eviction of tenant who is not paying rent and is not residing in the lease property.there is no lease agreement

parag   12 July 2011 at 02:53

Home loan

I am Parag.
I have booked one Flat which is under construction.I have applied loan at SBI.My builder have submitted all papers regarding loan.
Loan have been sanctioned by Bank after getting Title clearance from Lawyer and all other formalities.
Bank officer oversighted Title clearance report given by lawyer is that given subject to submission of Village form No.6A and Village form no. 7/12 on farmer name(Actually as per lawyer of bank it must be on Builder/developer name)as well as temporary mutation entry document submitted by Builder.
My first cheque of Loan have been disbured, which i gave to Builder.
Now i have made Sale Deed from Builder and also get Index II copy.
NOw if i have to get second cheque from SBI i have to mortgae my sale deed and Index II copy which is already with me.
But bank did not go for mortgage unless & until i have submitted all documents written in Title clearance.
I talk with SBI manager that why title clearane report is also not given to me and why first cheque has been sactioned of home loan wihtout looking title clearance report.They didin't answer.
Now what should i do
Builde is ready to give papers regarding to Title clearance but he demanded atleast 4to5 months time for getting from village panchayat office.But he is demanding Money for stagewise construction he made?
should i made any aggrement with bank that i will submit paper within 4-5 months as soon as i get it but bank will meanwhile release home loan and not stop my payment to builder?

Anonymous   11 July 2011 at 22:56

Pan card , Rights in Joint Ownership

Is it Necessary to Have a Pan Card to register a sale deed of house property (PUNE, Maharashtra) ?
Will it suffice if one of the joint applicant has a PAN card and the other does not have the PAN card ? . Will ( PAN Card ) it make any difference in the rights of the joint ownership Also does it make any difference if the payments are routed from only one of the joint owner accounts ?


My mother in law has purchased a house property with a view to distribute the house property equally between the Two sisters ( One of which is my wife )
Initially it was agreed that the house will be registered in the joint name of the two
Sisters . However later my mother in law decided to keep only her name in the registration and later make a will in the name of the sisters . It however turns out that
My mother in law cannot register the house property in her name as she does not possess a pan card and the registration need to be done immediately within 2-3 days
So it was decided that the house will be registered in the joint name of my mother in law and my wife’s sister . My wife cannot be present as we reside aboard and she is not able to get leave from her work

Under this circumstances is it possible to make a will in the name of my wife giving her the inheritance of her mother’s share after death ? or is it better / possible to make registration again in the name of two sister once my wife is back in India ?
Is is possible that my mother in law remains the sole owner of the property can she regsiter the property in her name if she does not have a PAN Card ( Form 60)

Anonymous   11 July 2011 at 20:57

Inheritance process

A widowed muslim women has two children, one male and one female. The daughter is married with one female child. The women has following properties
1) One house in her name which was purchased by her late husband
2) An agricultural land (1 acre) in her name, which was purchased using the money she received from her father as her share (her father was an agriculurist).
3) An agricultural land ( 1 acre) which was in her husbands' name ( husband had inherited the land from his father who was an agriculturist)
4) one plot of land she purchased using the money she received from insurance companies (form death of her husband).

The women wants to distribute these properties among her two children and the children have agreed for the same. What is the best possible way to do this?. can the women gift individual properties to one of her children with the other acting as consenting witness, or she has to wrie a will. Do anybody else have claim over the property.The parents of her husband are no more.Also of her parents, the father is no more and mother is alive.Both her husband as well as she have brothers and sisters