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Anupam SenGupta   07 April 2016 at 22:25

selling individual share of undivided property which is not

My uncle(bachelor) jointly owns a property with his younger brother(married and has a daughter). This undivided property is not an ancestral property. My uncle wants to sell his share of the undivided property to another person. Mutation has been done. The property area has been equally divided in the register of BLRO. Can my uncle sell his share without taking any consent of his younger brother. Or is it necessary to take his younger brother's consent. Because his younger brother will not let him sell the property as he wants occupy the whole property

srinivas   07 April 2016 at 15:49

Mutation

my father expired two year ago leaving regd will in my mothers name.
my mother is not interested to get the mutation done in her name as she is old and sick and says all of us (children)get it done in your names after my death as per the will contents of my father.
can we just keep quiet as suggested by mother and we will not have any problem at a later date in getting the mutation doen in our names.as of now property is still in the name of my father who is no more.

Ankit   07 April 2016 at 13:59

Gifting or sellling property to co-owner

My Brother & Father are co-owner of a self acquired house property whose Municipal Valuation is Rs. 48 Lakhs. In the deed the share of holding is no where mentioned. My Brother wants to relinquish his rights in the name of my father so that my father becomes the single owner of the property.

The ultimate goal is to get Property Card in name of only one owner i.e. My Father.

1. If share of holding is not mentioned in Purchase Deed, then is it by default considered as 50%-50% holding? Do we have a supporting case law / section / rule for the same?

2. If my brother Gifts his share in the House Property to father, Will my father require to pay Stamp Duty on the Municipal value of my Brother's share of Property i.e. Rs. 24 Lakhs?

3. If my brother sells his share of property to my father for an Inadequate Sale Consideration of Rs. 50,000/-, what shall be the Legal or Tax Implications?

Please guide which option is better and more concrete in court of law.

puja   07 April 2016 at 13:56

Gift deed or release deed

hi,
can i do release deed & registered without consideration. and in future no one can challenge me. pls find attached release deed

Dipak   07 April 2016 at 11:08

Stamp duty in delhi and gujarat

Dear expert,

I have Purchase home in state of Delhi. I took home loan from bank of Rs 15 lac by mortgage(Equitable) home to bank. As i reside in state of Gujarat i took home loan in one of the bank in Gujarat state. it is confirm that i have to pay stamp duty on registration of sale deed in Delhi. but i have doubt that will i have to pay stamp duty on mortgage of property in Gujarat ? is it possible the Delhi revenue department may raise demand for mortgage of property in state of Gujarat as property is in Delhi.

Please advise ..

Siva Prasad   06 April 2016 at 20:37

Tenant not vacanting the house

Hi Sir,

I have house which was given by my parents, when both my parents are alive, They gave this house for rent to my elder sister. After both my parents died, she is claiming that this house belongs to them (Since they are living there since 1991) and not to us. I have registered Will saying that this house belongs to me.

Please help me on how to get my house back.

thank you
Siva.k

Rohit   06 April 2016 at 17:23

Agreement to sell

Dear All,

greetings!

i am purchasing a house which is a leasehold property for which we have already entered into agreement to sell and given an amount(ie Bayana).
now for giving part payment of the actual final amount, i am thinking of entering into another agreement to sell with the same terms and conditions referring to the earlier agreement which interalia will cover the money we are giving as part payment. Full and final money will be given in the form of DD at teh time of registration of final documents

query is --if i enter into another agreement to sell, will that be valid and the earlier one will also remain valid, please advise

sunil badami   06 April 2016 at 15:34

Declaration of immovable asset

My mother has to declare immovable property for a surety bond , we own a house in karnataka which was registered under my father's name , he has expired 5 yrs ago , we have land record of house transferred (RTC) but have not transferred registration.
My doubt is how to declare the house registered under my dad's name?

Arun baburao shinde   06 April 2016 at 14:19

Heir name transfer

I am residing in Borivali Mumbai in mhada society which is in the name of my father. By society record I am nominee person. 2 nd July 2011 my father was expired. Society suggested me to make noc affidavit by other family members. So my sister & my mother issue me that they both have no objection to change the name in society register. According to society mc I have submitted all documents & society mc also transfered my name in society register. Now problem is mhada concern told us that transfer authority is not comes under society .But society had already inform to mhada authority. Now mhada told us to submit again all papers . My problem is my sister staying at Goa & my mother staying at kolhapur village.It is difficult .so what u suggest? Pl.replay thanks

Arun Kumar   06 April 2016 at 10:14

Wife's right on husband's self earned property

I have a query on Wife's right on husband's self earned property.

My friend is purchasing a property in Karnataka. The property is self earned property of seller. The Seller bought it after his marriage and all the documents are in his name.
Now during registration, is it required to take his wife's signature as witness ? or its not required?

Please clarify my doubt on this.
Thanks for your help in advance.

Thanks & Regards,
Arun Kumar