sjshetty
25 February 2015 at 22:36
1
FACTS
SUB:- (1).Transfer of Residential Flat to one of the First & Main Beneficiary in the Society Nomination
(Regd) dt. 28-2-2007 AND also First & Main Beneficiary in the WILL (Regd) dt. 19-5-2007.
(2). Getting Letters Of Administration in the name of First & Main Beneficiary (Daughter).
1. A Residential Flat in MUMBAI was sold by some other Party (not by Builder/ Society) and purchased by Father out of his own earnings/savings in 1978 vide Deed of Assignment and Transfer, Jointly in the name of (1).Father and (2).Mother (Housewife). Proof of payment made not available. Share of Property to each not spelt in the Deed. This Old Deed of Assignment and Transfer was subsequently Registered and regularised by paying (out of Father’s Savings) necessary Stamp Duty and Registration Charges under Amnesty Scheme vide Registration No. 5170/2010 dt. 2-6-2010.This disputed One BHK Flat is worth more than 50 lakhs at present.
2. After the death of Mother on 3- 4- 2001, fresh Nomination was made by Father and Registered in the Society on 28-2-2007 (without obtaining any NOC from Daughter and Son) clearly mentioning to Transfer the Shares and interest in the Flat to the first named Nominee – Daughter. Share of each Nominee is clearly stated as (1). Daughter (Elder). 50%. (2). Son (Younger). 50%. Nomination is duly witnessed by 2 persons.
3. Subsequently on 19-5-2007 Father has made a WILL and the same was scanned and Registered in Mumbai on 19-5-2007. This Will was duly witnessed by 2 persons. One more person (who was also one of the witnesses in the Society Nomination) was appointed as the Sole Executer of the Will. In the Will it is clearly mentioned that Daughter and Son shall be the owner of 50 % each Share in Flat. In the Will it is also mentioned that Daughter shall be the Full Owner of his small/petty Pan Bidi Shop in Mumbai. Initially the Will was with Father for some time. As some of his important documents were mysteriously misplaced/not traceable for some time (when he was staying with his Son at Son’s New Residence)), Father had some doubt and hence pressurised and requested the Daughter (though she was not ready to accept initially) to keep the Will with her as he was not at all ready to keep it with anyone else.
4. Son, along with his Family (wife, son and Father) has shifted to the new, more spacious & well-furnished New Flat (in the nearby area) about 5/6 years back. Immediately after shifting Son has renovated & converted the whole old Residential Flat into full-fledged Coaching Class (without the consent of Father) and earning handsome amount there by way of Tuitions.
5. Father has died on 17-2-2012 at Son’s New Residence in the same area. After getting copy of the Will from the Daughter, Son kept on promising for few months to cooperate in getting the Transfer of Flat done and Probate is got at the earliest. After fully agreeing for the Amicable Settlement made by the Elders initially, he has changed his mind and backtracked after reaching home on same day. He kept on threatening Daughter over phone with dirty and abusive talks several times and said that he is not at all going to cooperate but advised Daughter to go to court. Even though Son and his family was staying in their New Flat, they spread false rumours saying that they are permanently residing in the Old Flat (which is not at all suitable to stay as Residence) just to make the public to believe them and with a bad intention in capturing the Disputed Flat illegally.
6. In spite of our sincere efforts, as the Son was not cooperating and not ready to sign Joint Transfer Application, a formal letter was given by the Daughter to the Society on 24-6-2012 enclosing therein ( 1). Copy of Regd. Nomination (2). Copy of Regd. Will. (3). Copy of Death Certificate, thereby requesting to do the needful at the earliest. Son has immediately written to the Society on 2-7-2012 raising objections for transferring 50% Share to Daughter but instead claiming 100% Share and instructed the Society not to Transfer till the Probate is got, which he is intentionally stalling/delaying by influencing the appointed Executor and Witnesses in the WILL. After some time Executor named in the WILL has refused to act and informed his refusal through his letters dated 13-7-2012 and 20-7-2012 and one of the Witnesses seems to have been misinformed and influenced and may become hostile. Son in his letters to the Daughter and Society falsely alleged that the Genuine Regd. Will is Bogus one and also that the Father is not the Sole Owner of the Flat and hence no right to Nominate and make a Will.
7. Original Reg. Nomination, Regd. Will and 2 F.D Receipts (without Nomination) are presently with Daughter but Original Agreement of Old Flat, Share Certificate, SB A/C. Pass Book(without Nomination) etc. are with the Son. Daughter has written to Son to give copies of all the Documents (for filing
2
PROBATE) and cooperate for filling up the Bank Forms to settle the amount lying idle in SB and FD accounts since 2012. Son intentionally denies for having any records with him and not ready to cooperate and sign Bank Forms etc. but advices Daughter to go to Court for her 50% Share.
8. In spite of permanently staying in the New Residence, Registered Letters sent to New Residence were intentionally not accepted but returned with remarks “left/not known”. The letters sent to Old Disputed Flat were acknowledged by other/neighbour, just to claim falsely that he and his family are staying permanently there.
9. Sincere efforts of Elders for amicable settlement failed and Son is not at all ready for further talks mainly with bad intention of delaying the Legal formalities thereby earning a lot of income per month by way of Tuition, in spite of regularly earning handsome salary from reputed Public Sector Company.
10. Society through their Advocate vide letter dt. 6-8-2012 advised both of us to apply for Transfer of flat on getting the Probate of Will so as to do the needful in the matter by the Society. In spite of having all the necessary records with him to apply for Probate, Son has not taken any steps all these 3 years, which itself speak/prove his bad intention.
11. Though we have tried our level best to contact the Society Secretary over phone and tried to meet him personally at his residence on 26-8-2012 to get the required details, we were unable to contact him on phone and meet him at his residence. In spite of urgency of matter Society has not replied letters dated 12-8-12 and 22-8-12 and not furnished any of the details/ documents till today as on 25-2-2015.
12. After series of correspondence Son not only stopped replying acknowledged letters but he and his family also completely cut off relations with almost all close relatives (elders & youngsters) from our side. Son and his family not responding to any of the calls and not attending any of the Social Functions of Elders & Youngsters from our side. Instead he has misrepresented the Actual Facts to Society, some of his relatives, neighbours and friends and given a complete wrong impression about the case/subject matter thereby causing lot of embarrassment and spoiling/defaming Daughter and Daughter’s family member’s image/reputation, and instead claiming that he is honest and legally right.
13. Though Son and his family stayed earlier with Father at Father’s disputed residence and Father was forced to stay subsequently at Son’s New Residence (as Father’s old flat was altered and renovated as Coaching Class against his wish), the relation between Father and Son & his Family was not at all cordial. Instead, relation of Father with Daughter was very cordial. While the relation of Daughter with Mother was very cordial, after the marriage of Son the relation of Mother with Son & his family was also not much cordial. In fact, when Mother was alive, Father wanted to Will the entire Property (100%) in Daughter’s name. But it is mainly because of Daughter Father has changed his mind at that time.
14. It is sure that Son is being brain washed/misguided and supported in his misdeeds/illegal acts by his family and Father-In-Law (who is a Senior Advocate in High Court. Bengaluru / Property Matters Expert).
15. Due to the non-cooperation of the Son, unavailability of certain records and mainly due to poor financial condition Daughter has not applied for Letters Of Administration all these 3 years.
16. Under the above circumstances please guide and inform in detail about all the Legal implications and course of action to be taken immediately for early settlement of the case.
Date: - 24 - 02 - 2015 ( Daughter )
Anonymous
25 February 2015 at 21:11
I have 50% right in an undivided property which is of G+2 in which i am using half of ground floor and full first floor and the other co-owner having 50% right is using 2nd floor and half of ground floor. There is no partition in written between us.Since due to employment oppurtunity i with my family need to shift to mumbai. The other co-owner has planned to enter into my posessed part forcefully after we will shift to mumbai which i have heard from sources.
1. What should i do so that after i leave for mumbai , the other co-owner cannot enter my posessed part. Please guide me sir so that i can take precautions in advance.
Harish Wani
25 February 2015 at 19:15
Hello Experts,
Can anyone guide me that which laws applicable for Real Estate Company for Legal audit purpose?
Can anyone share the list of legislation which is applicable for Real Estate company?
Thanks in Advance
rossy
25 February 2015 at 14:14
Dear Sir
My Name is sachin I carry a commercial property in ghaziabad with registry in name of me and my father.
100% finance is done by me but not mentioned in papers.
we are three brothers, so do my brothers hold any rights now or in future on the said property.
Sanjeev Srivastava
25 February 2015 at 12:46
Respected experts,
In a civil court case, disposal of 6c ( temporary injunction) has to be decided on 2nd March 2015. The court had asked both parties to submit written arguments on 19th feb’ 2015. We are respondents in the case and have submitted our written arguments in the court but the other side is trying to keep this issue pending. Their advocate has asked for the time to submit an application to send the case to commission.
I request you to kindly explain the meaning of sending the case to commission.
An early response shall be highly appreciated.
Thanking you,
Sanjeev
hari
25 February 2015 at 12:34
In the sale deed it is mentioned the sale of "ONE and HALF ACRE" of land in words,but in that same deed the mentioned measurements doesn't equate to One and Half acre of land,it equates to 28 guntas. 1)EC has 1 and half acre recorded in it as per words in the deed. 2)RTC has recorded 28 guntas according to the measurement in the deed. My doubt is, can we get the rights over the remaining 32 guntas legally? NOTE:Deed was registered in 1917.
NOTE:Part of the land is still vacant
snehahatalkar
25 February 2015 at 12:26
We are two sons and a daughter and mother left post father's death. Can someone pl help on below questions-
1. Is a Succession Certificate necessary to be obtained from the court? What is the percentage of court fee charged of the property in Mumbai Civil Court?
2. Does obtaining a Succession Certificate mean that every asset shall have 4 owners who will deal jointly with such assets? - Or the Court assigns each asset to a different heir basis valuations?
3. Is it possible to transfer individual assets to nominees named therein basis an affidavit and an NOC of other 3 members?
4. If the daughter intends to claim a share in the property, should a suit for partition be preferred over a suit of succession? What is the difference between the two?
5. If a Suit of Partition is initiated, will the court assign individual assets or joint ownership of all assets.
6. In case of assignment of joint ownership of all assets, can one heir dispose of his share in the property - subject to nature of such property and asset class.
Thanks & Regards
Sunil Kamat
25 February 2015 at 08:09
Hi,
I have recently purchased a flat from builder in a 8 story building having 63 flats in a Pune City. The builder is developer of the land and landowner in return has got first two floors (that is 16 flats). Builder only issued "Agreement to Sell" after approaching for the "Sales Deed" he straight a way denied to do that.
40 flats are sold by the builder, landowner has possession of 16 flats and builder still have 07 flats. Builder is not willing to give out information if landowner has paid the stamp duty of the 16 flats.
As of now till Jan 2016 builder is handling the Society. In this situation will there be any problem in formation of CHS and afterwards for Conveyance Deed and is there any way to get the "Sales Deed" for the purchased flat ( builder has issued the possession letter to me)?
Rahul
25 February 2015 at 03:12
Dear Sir/ Madam,
I have purchased a flat in Dombivali, Naadivili Village.
As per the current status available with me, I do not have NA status of the said property.
The Builder is not reachable and hence am not able to get relevant documents for my loan procedure.
The said property is Gram Panchayat approved, while as the builder has paid a certain set of fees/charges as Under the Collector of Thane’s notification No. REV DESK II/N.A. XI 124 dated 27/09/1978 (N.A.)
.
As per provision given in said notification , builder was unable to fulfill conditions laid .
Request to clarify/Confirm if we as the residents/owners of said flats in the Building are able to complete rest of the formalities and seek NA status.
Will request to suggest any other alternatives , if we can write collectively to any specific /competent authority by way if RTI or seek other methods.
Please call or revert as needed
Details given as below
rhirke.429@gmail.com
rahul.shirke.365@rediffmail.com
9920543122
Rahul
25 February 2015 at 03:04
Dear Sir/ Madam,
I have purchased a flat in Dombivali, Naadivili Village.
As per the current status available with me, I do not have NA status of the said property.
The Builder is not reachable and hence am not able to get relevant documents for my loan procedure.
The said property is Gram Panchayat approved, while as the builder has paid a certain set of fees/charges as Under the Collector of Thane’s notification No. REV DESK II/N.A. XI 124 dated 27/09/1978 (N.A.)
.
As per provision given in said notification , builder was unable to fulfill conditions laid .
Request to clarify/Confirm if we as the residents/owners of said flats in the Building are able to complete rest of the formalities and seek NA status.
Will request to suggest any other alternatives , if we can write collectively to any specific /competent authority by way if RTI or seek other methods.
Please call or revert as needed
Details given as below
rhirke.429@gmail.com
rahul.shirke.365@rediffmail.com
9920543122
Getting letters of administration
1
FACTS
SUB:- (1).Transfer of Residential Flat to one of the First & Main Beneficiary in the Society Nomination
(Regd) dt. 28-2-2007 AND also First & Main Beneficiary in the WILL (Regd) dt. 19-5-2007.
(2). Getting Letters Of Administration in the name of First & Main Beneficiary (Daughter).
1. A Residential Flat in MUMBAI was sold by some other Party (not by Builder/ Society) and purchased by Father out of his own earnings/savings in 1978 vide Deed of Assignment and Transfer, Jointly in the name of (1).Father and (2).Mother (Housewife). Proof of payment made not available. Share of Property to each not spelt in the Deed. This Old Deed of Assignment and Transfer was subsequently Registered and regularised by paying (out of Father’s Savings) necessary Stamp Duty and Registration Charges under Amnesty Scheme vide Registration No. 5170/2010 dt. 2-6-2010.This disputed One BHK Flat is worth more than 50 lakhs at present.
2. After the death of Mother on 3- 4- 2001, fresh Nomination was made by Father and Registered in the Society on 28-2-2007 (without obtaining any NOC from Daughter and Son) clearly mentioning to Transfer the Shares and interest in the Flat to the first named Nominee – Daughter. Share of each Nominee is clearly stated as (1). Daughter (Elder). 50%. (2). Son (Younger). 50%. Nomination is duly witnessed by 2 persons.
3. Subsequently on 19-5-2007 Father has made a WILL and the same was scanned and Registered in Mumbai on 19-5-2007. This Will was duly witnessed by 2 persons. One more person (who was also one of the witnesses in the Society Nomination) was appointed as the Sole Executer of the Will. In the Will it is clearly mentioned that Daughter and Son shall be the owner of 50 % each Share in Flat. In the Will it is also mentioned that Daughter shall be the Full Owner of his small/petty Pan Bidi Shop in Mumbai. Initially the Will was with Father for some time. As some of his important documents were mysteriously misplaced/not traceable for some time (when he was staying with his Son at Son’s New Residence)), Father had some doubt and hence pressurised and requested the Daughter (though she was not ready to accept initially) to keep the Will with her as he was not at all ready to keep it with anyone else.
4. Son, along with his Family (wife, son and Father) has shifted to the new, more spacious & well-furnished New Flat (in the nearby area) about 5/6 years back. Immediately after shifting Son has renovated & converted the whole old Residential Flat into full-fledged Coaching Class (without the consent of Father) and earning handsome amount there by way of Tuitions.
5. Father has died on 17-2-2012 at Son’s New Residence in the same area. After getting copy of the Will from the Daughter, Son kept on promising for few months to cooperate in getting the Transfer of Flat done and Probate is got at the earliest. After fully agreeing for the Amicable Settlement made by the Elders initially, he has changed his mind and backtracked after reaching home on same day. He kept on threatening Daughter over phone with dirty and abusive talks several times and said that he is not at all going to cooperate but advised Daughter to go to court. Even though Son and his family was staying in their New Flat, they spread false rumours saying that they are permanently residing in the Old Flat (which is not at all suitable to stay as Residence) just to make the public to believe them and with a bad intention in capturing the Disputed Flat illegally.
6. In spite of our sincere efforts, as the Son was not cooperating and not ready to sign Joint Transfer Application, a formal letter was given by the Daughter to the Society on 24-6-2012 enclosing therein ( 1). Copy of Regd. Nomination (2). Copy of Regd. Will. (3). Copy of Death Certificate, thereby requesting to do the needful at the earliest. Son has immediately written to the Society on 2-7-2012 raising objections for transferring 50% Share to Daughter but instead claiming 100% Share and instructed the Society not to Transfer till the Probate is got, which he is intentionally stalling/delaying by influencing the appointed Executor and Witnesses in the WILL. After some time Executor named in the WILL has refused to act and informed his refusal through his letters dated 13-7-2012 and 20-7-2012 and one of the Witnesses seems to have been misinformed and influenced and may become hostile. Son in his letters to the Daughter and Society falsely alleged that the Genuine Regd. Will is Bogus one and also that the Father is not the Sole Owner of the Flat and hence no right to Nominate and make a Will.
7. Original Reg. Nomination, Regd. Will and 2 F.D Receipts (without Nomination) are presently with Daughter but Original Agreement of Old Flat, Share Certificate, SB A/C. Pass Book(without Nomination) etc. are with the Son. Daughter has written to Son to give copies of all the Documents (for filing
2
PROBATE) and cooperate for filling up the Bank Forms to settle the amount lying idle in SB and FD accounts since 2012. Son intentionally denies for having any records with him and not ready to cooperate and sign Bank Forms etc. but advices Daughter to go to Court for her 50% Share.
8. In spite of permanently staying in the New Residence, Registered Letters sent to New Residence were intentionally not accepted but returned with remarks “left/not known”. The letters sent to Old Disputed Flat were acknowledged by other/neighbour, just to claim falsely that he and his family are staying permanently there.
9. Sincere efforts of Elders for amicable settlement failed and Son is not at all ready for further talks mainly with bad intention of delaying the Legal formalities thereby earning a lot of income per month by way of Tuition, in spite of regularly earning handsome salary from reputed Public Sector Company.
10. Society through their Advocate vide letter dt. 6-8-2012 advised both of us to apply for Transfer of flat on getting the Probate of Will so as to do the needful in the matter by the Society. In spite of having all the necessary records with him to apply for Probate, Son has not taken any steps all these 3 years, which itself speak/prove his bad intention.
11. Though we have tried our level best to contact the Society Secretary over phone and tried to meet him personally at his residence on 26-8-2012 to get the required details, we were unable to contact him on phone and meet him at his residence. In spite of urgency of matter Society has not replied letters dated 12-8-12 and 22-8-12 and not furnished any of the details/ documents till today as on 25-2-2015.
12. After series of correspondence Son not only stopped replying acknowledged letters but he and his family also completely cut off relations with almost all close relatives (elders & youngsters) from our side. Son and his family not responding to any of the calls and not attending any of the Social Functions of Elders & Youngsters from our side. Instead he has misrepresented the Actual Facts to Society, some of his relatives, neighbours and friends and given a complete wrong impression about the case/subject matter thereby causing lot of embarrassment and spoiling/defaming Daughter and Daughter’s family member’s image/reputation, and instead claiming that he is honest and legally right.
13. Though Son and his family stayed earlier with Father at Father’s disputed residence and Father was forced to stay subsequently at Son’s New Residence (as Father’s old flat was altered and renovated as Coaching Class against his wish), the relation between Father and Son & his Family was not at all cordial. Instead, relation of Father with Daughter was very cordial. While the relation of Daughter with Mother was very cordial, after the marriage of Son the relation of Mother with Son & his family was also not much cordial. In fact, when Mother was alive, Father wanted to Will the entire Property (100%) in Daughter’s name. But it is mainly because of Daughter Father has changed his mind at that time.
14. It is sure that Son is being brain washed/misguided and supported in his misdeeds/illegal acts by his family and Father-In-Law (who is a Senior Advocate in High Court. Bengaluru / Property Matters Expert).
15. Due to the non-cooperation of the Son, unavailability of certain records and mainly due to poor financial condition Daughter has not applied for Letters Of Administration all these 3 years.
16. Under the above circumstances please guide and inform in detail about all the Legal implications and course of action to be taken immediately for early settlement of the case.
Date: - 24 - 02 - 2015 ( Daughter )