Zoltar
19 March 2018 at 07:08
Hi
I want to purchase a flat in a cooperative housing society in Mumbai.
The current flat owner became an owner (the said owner) indirectly --The father died intestate and his mother became the owner as a nominee. The mother gave a letter to the society that her son would be the nominee. After the mother passed, the said owner became the owner of the flat as he was the nominee. He also provided NOCs from his two brothers who are foreign citizens settled abroad. These NOCs were notarized in the USA (not by Indian consulate).
1) Can the property title considered to be clear?
2) Do I need a relinquishment/release deed before buying the flat from the said owner?
3) If the said owner doesn't want to procure relinquishment deeds registered in India due to the time frame involved (or otherwise), what alternatives do I have to safeguard my interests?
---- a) I have heard that even if the brother give a specific POA (registered with SRO) to the said owner to execute the sale deed, that doesn't release their rights and interests in the property. What is my risk executing the sale deed through such a POA?
----- b) Instead of a release deed, I should get an indemnity bond from the said owner stating that should any dispute arise, the said owner will be responsible.
-- Attach that indemnity bond along with the sale deed to get it registered.
What is the legal standing of such an approach in case of a dispute after the sale is complete?
Thank you in advance for your help
Zoltar
Uttara Harshe
19 March 2018 at 04:38
My husband and my mother in law is going to buy a house together. My husband will invest 69% and my mother in law will invest 40%. They both will be the owner of that house. My mother in law will make a will in favour of my husband that " in future that house will be of my husband and his family". Is it possible that in future she will change her will and sale/donate/give her share to somebody else?
Md Anamul Haque
19 March 2018 at 01:23
Father and mother alive, left with widow wife, 2 sons minor 1 married younger brother and mother and father.
Has some house property in own name, and some flat ND land ointly with the wife. Some loan and running against home, partly backed by insurance
Some bank balances ppf balance with nominee of wife
Bank balance seperately of wife plus invetstmets
lic maturity cum death amount with nominee wife.
What is the rule of distribution as per Islamic law as well as per Indian act for Muslim.
roy
19 March 2018 at 01:19
hello,
I am staying in a building society with seven flat.but the builder has sold eight flat 58sqmt with open terrace.according to to the floor plan the building has 2 open Terrace but builder made an agreement of sale with a different statement.my query is to find out builder can sell open terrace and not mention in the agreement of sale.does the open terrace belongs to the society.or the one purchased is exclusively owners of the said open terrace.
RAJESH CHOPRA
18 March 2018 at 21:38
Sir's
My wife are 3 sisters . On demise of my mother in law , my father in law , who was a joint owner of the house with my mother in law took consent of all three daughters & got 4 floors constructed and gifted his 3 daughters via irrevocable gift deed (including my wife) and gave one floor to builder as a price for construction.
all three got the gift deed registered and mutation done . In one floor my wife's younger sister started staying and in one floor (which was gifted to elder sister of my wife) my father in law is staying and my wife's floor was rented by my father in law and my wife signed the rent deed and tenant is still staying there
with passage of time relations of my wife with other sisters turned bad and they are not in talking terms whereas other 2 are in good terms with each other.
My father in law is old and not keeping good health and we do not want to risk our rented property by further renting and have asked tenant to vacate. The reason is that we stay far and cannot keep / maintain the property and also my wife's other sister who stays in same building may connive with elder and do some mischief.
We now want to sell my wife's floor. would like to know if my wife can sell without any hesitation. Can other sister's or my father in law (under the influence of other 2 sisters) can create any legal hurdle for my wife of any sort in selling.
Gift deed is irrevocable with right to sell / rent etc. It is duly registered in my wife's name and also mutation done.
Thanks
ravikumar bagaria
18 March 2018 at 18:51
we were paying a rent of 2300/-, however it increased to 14000/-, now the landlord has filed an eviction suit against us giving 15 days notice citing an unregistered lease deed signed by both of us...is there an protection for us, since we are tenants for more than 40 years?
Anonymous
18 March 2018 at 14:34
In my son"s scotty. 104 members have not paid property Tax. Out of 209 members TMC has stopped water supply abruptly. Without giving any notice No legal action was taken against defaulters . Earlier their Team has come to Seal the property. ultimately they did not dolt & want away disconnection our water lies. If few have Not paid property tax, why the suffering of those members who have paid Property Tax well in advance
It is I think illegal. What should we do.
There are also water tax arrears, how ever the bills are issued in the name of Scty. Scty admn is trying to follow-up recoveries from defaulters. A. A Ghaisas -9821693740
Anonymous
17 March 2018 at 00:19
I live in delhi i have querry related to the will and probate kindly answer me. I live with my father who has other 2 brothers and 2 sisters..we have a property in delhi where we all live except two sisters of my father who are married..my grandmother left a registered will in favour of three brothers including my father. My garndmother died last month and now we wish to get the will probated .we are nlt in good terms with the sisters of my father but there are good relations with the brothers of my father's now can the sisters of my father could be a hinderance of any kind in will getting probated ??? Do we require NOC from them or not please tell...
Sandeep nema
16 March 2018 at 23:57
Sir,
I work in a bank, and recently I have been approached by a doctor for a loan, to establish his own hospital, he has already completed 80% construction work. My manager is excited to finance him.but the main issue with which I am.concerned is the plot over which the hospital is getting established is residentially diverted. The doctor is adamant that he is not ready to get the commercial diversion right now. In view of above in case we finance him and the loan turns bad I shall be held responsible . I need to know is there any clause or law exists which prevents the use of residential plot for commercial purpose. The state to which i belongs to is Madhya Pradesh.
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