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Chinnappan   16 February 2022 at 09:42

Conditional deed of settlement

I and my son, an OCI (lives in the UK) own a flat in Chennai purchased in 2006. I have executed a CONDITIONAL DEED OF SETTLEMENT (CDOS) in his favour in 2014 and the same is registered. As per the CDOS, I, the owner of 50% share in the property and my wife together will enjoy the property to live, lease or rent the property and pay all taxes, including income tax on rental income during our lifetime. After our demise, my son will bequeath the property in his name. There is also a condition in the above CDOS that, I/we have the right to cancel the CDOS deed without assigning any reason anytime during our lifetime. But such cancellation needs only to be informed to my son after cancellation.

Now that my son wanted to execute a conditional deed of settlement in favour of his mother (my wife), to transfer all his rights (50% share) over this property and allowing her to live, lease, rent or sell the property as she deems fit along with my father, the other owner, and make use of such sale proceeds or rental income along with my father (i.e me)as they fit. After the demise of both parents, my son is to bequeath the property, if the same is still available (unsold).

Is it possible to execute such Conditional deed of settlement by my son and register the same.

Rajiv Kaicker   14 February 2022 at 20:04

Transfer of freehold dda flat of the deceased to legsl heir

The owner of a freehold DDA flat has passed away.The able legal heir has obtained the Surving Member Certificate from the SDM and has also applied for Mutation to the MCD.
Is there any other action to be taken by the legal heir?

Anonymous   12 February 2022 at 15:37

Property in mother's name

We are six sisters and all are married. We are muslims .Our parents are dead.There is an ancestral property gifted to my mother by my grandfather ( haven't seen the property papers myself, however my mother used to tell me this ). There is no Will.
2 of my sisters live with their family in the property and a part of the property is locked up by my third sister.
The property tax for the property has not been paid for many years now and none of the sisters are taking care of the maintenance of the property nor paying any rent.
Please can someone guide me on the below
1. Do all sisters have equal rights on the property
2. Can anyone stake a claim to the property by just paying the outstanding property tax
3 If any of the sister try to unknowingly usurp the property can they do it and what rights have the other sisters in such a situation, can they seek legal recourse
Even if the property is not gifted by my grandfather, and if my father had purchased the property in my mother's name do any of the sisters usurp the property

Anonymous   12 February 2022 at 15:26

Property in mother's name

We are six sisters and all are married. We are muslims .Our parents are dead.There is an ancestral property gifted to my mother by my grandfather ( haven't seen the property papers myself, however my mother used to tell me this ). There is no Will.
2 of my sisters live with their family in the property and a part of the property is locked up by my third sister.
The property tax for the property has not been paid for many years now and none of the sisters are taking care of the maintenance of the property nor paying any rent.
Please can someone guide me on the below
1. Do all sisters have equal rights on the property
2. Can anyone stake a claim to the property by just paying the outstanding property tax
3 If any of the sister try to unknowingly usurp the property can they do it and what rights have the other sisters in such a situation, can they seek legal recourse
Even if the property is not gifted by my grandfather, and if my father had purchased the property in my mother's name do any of the sisters usurp the property

Sunny   10 February 2022 at 21:49

What if cidco transfer not done?

Kindly clarify my following doubts on CIDCO transfer:
1. What are the repercussions if the CIDCO transfer is not done by the builder or the flat owners in a housing society in Navi Mumbai?
2. Is the builder liable to do the first CIDCO transfer? What if he has not done it?
3. What financial liabilities I may face, if I purchase a 20 years old flat, the CIDCO transfer of which was not done and was sold and resold many times? Do I need to pay the transfer fees for all the previous sales of the said flat?

Anonymous   09 February 2022 at 13:22

Front lawn and car parking

We built a railing/wall to divide our front lawn from the common passage and stairs as it was written in the registry that the front lawn belongs to the ground floor owner and because it was continuously being used by the first and second floor people in the past we had to build the wall/railing. Some new owners of the second floor have been mentally torturing us to break the wall/railing for their car parking. Is it illegal to construct a railing in our own front lawn as we have the proper right to use our verandah. ?
Also what action can be taken against someone who is mentally torturing us after we have been living peacefully for the last 20 years here. ??

aslamskhan   07 February 2022 at 22:40

Agreement

A room was bought in a chawl by my father in 1992.in his name.
I occupied that in 2004 and acquired an n.o.c for ration card in my name and later in 2010 I took a water connection in my name and also aadhar for me and my family at same address..
Now as his death in 2014 I have death certificate and only xerox of the original agreement.
Some places I am asked original agreement which I don't have..
Kindly advice what to present as alternate or legal ..
Thanks
ASLAM KHAN

Anonymous   07 February 2022 at 21:28

Regarding a property

My grand father gifted me a flat. Gift deed has been executed.

In future , Can gift be challenged by aunty who is daughter in law of grand father?

Soma Pandey   07 February 2022 at 20:54

Illegal construction by neighbor with threat to my safety

My neighbor has taken advantage of my sickness. My whole family was down with Covid and at that time during Isolation she constructed a pergola with Mangalore tiles on her second floor terrace which has been built 6 inches inside my compound and the tiles slope is such that all rain water and roof pebbles etc. are falling on my first floor terrace because ours are row houses with common wall. Pls advice what can be done

Anonymous   06 February 2022 at 02:55

Joint ownership of a property

Sir my father and mother have both jointly owned a property in Maharashtra Thane. my mother is the 1st holder and my father is the 2nd holder my father expired do my mother automatically become the owner of the property as my father left no will and no nomination was done.