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Rohan   20 December 2021 at 14:43

Transfer of flat in mumbai

Hi all,

My father a Goan by origin owned a flat in Naigaon(E), Mumbai. He passed away in August 2021 intestate without making a nominee for the flat in the society. Me and my sister have provided an NOC to transfer the flat to our mothers name.
The society has now asked for a Legal heirship certificate from the civil court (Succession Certificate).

1. Is a Legal heirship certificate from the civil court (Succession Certificate) mandatory for the transfer of share to my mothers name?
2. While the transfer of share is in process. Can the flat be rented out?
3. If an owner of a flat has passed away intestate however has made one of their children as a nominee for a flat. Does the flat belong to the nominee after the owner?

Thanks

Manjunath   19 December 2021 at 08:43

Buying house which is owner by legal heirs

I am planning to buy a house which has a history as below
1. Property of 1200 sq feet is bought by Prasad in 1976 , he constructed 2 houses - ground floor and first floor.
2. Prasad died in 2001 and his wife died in 2004.
3. Prasad has two Children ( Daughter1 and Daughter2) and Prasad had made no Will.
4. Daughter1 and Daughter2 have made partition deed stating ground floor house belongs to Daughter 1 and second floor belongs to Daughter 2 and both own UDS of 50% of the land. they have separate Katha for each of the houses.
5. Now both Daughter1 and Daughter2 both are willing to sell the property together.


6. Daughter1 has 2 daughters (Grand child1 and Grand child2 for prasad), both are married and both have kids below 10years ( great grand kids of Prasad).
7. Daughter2 has 2 children (Grand child3 and Grand child4 for prasad),both are married and each have kids below 7 years (great grand kids of Prasad)

Do I need signature or Daughter1 and Daughter2 children's, that is from Prasad's Grand children also to buy this property?
Do I need to make single sale deed to buy this property or separate sale deed?

Thanks in advance for response and help.

Anonymous   15 December 2021 at 21:32

Non registeration of supplementary agreement

Can the builder sold and register his share of flats without registering the supplementary agreement for allocation of flats by land owners and builder / developer.

sandesh   14 December 2021 at 17:30

Urgent gift deed matter

MY UNCLE HAS GIVEN POWER OF PROPERTY OF PROPERTYIN ALWAR .A PROPERTY CONTAINS THREE SHARE .ONE OF THE UNCLE TRANSFER HIS SHARE BY GIVING POWER OF ATTORNEY AS HE IS NOT ABLE TO TRAVEL MY FATHER WENT TO ALWAR TO MAKE GIFT DEED THE PERSON ON FIRST DAY TOLD AMT 85-90 AFTER ONE WEEK HE ASK FOR 180000 AMT .IS THERE ANY OTHER WAY TO MAKE GIFT DEED THROUGH ANY AOTHER MEANS OT THE BEST POSSIBLE WAY INSTEAD OF GIFT DEED KINDLY HELP ITS URGENT

Kani   14 December 2021 at 15:39

Acquisition of mortgaged property

Part of land mortgaged to the bank has been acquired by the Government for National Highway.
Does this act of acquiring of land by other party invalidate the equitable mortgage. ?
Should the bank create new equitable mortgage or continue with the existing mortgage ?

Anonymous   14 December 2021 at 11:19

Voting rights in society

Dear All,
1. Can a MC member of the society who has taken an adhoc decision for an inappropriate project resulting in a legal case against him/her, money drained from the housing society can be allowed to nominate for committee members
2. If a resident had defaulted more than 3 months of maintenance can he be allowed to nominate himself by any other means

Anonymous   11 December 2021 at 18:48

Partition deed

Hi,
I am illegitimate child , our father's ancestral property partion was done in 1981,when my father was unwell due to liver issues.He expired in 1982.I was minor at that time.In the partition deed all my father's sister,1st wife and his children's are given shares in the partition.My brother & me are not given shares in partition.we came to know about the partition deed few days back.pls guide for legal options,
Regards

Anonymous   10 December 2021 at 11:04

Missing possession letter/certificate issued by the builder

I don't have possession letter and certificate issued by the builder for my flat. All other original copies like registered sales deed, sales agreement , allotment letter etc.are available with me. Now I am selling my flat and buyer is asking for possession letter. How to proceed? Does possession letter/certificate has any legal value? Registerd sales deed already has the possession clause as below

"possession of the said unit has been handed over to the VENDEE, the VENDEE hereby confirms taking over possession of the said unit from the VENDOR after satisfying himself and that the VENDEE has no complaint or claim in respect of the area of said Unit, any item of work, material, quality of work etc., therein."

Suraj Sonule   09 December 2021 at 13:04

Maintenance charge on a redevelopment project

My property (one shop and one room) in the redeveloped project was ready for posession from July 2007. We took the posession immediately but the OC was issued in 2009 for the building. The Co-op Housing Society was formed in Aug 2016.

Due to some dispute (where supposedly I might be at fault), I didn' t pay the maintenance charges since the posession of the property. It was mentioned in the agreement that after the posession, the tenant has to pay the MC and property tax to the builder and it will be subject to revision as per the new co-op society.

Since then, the redeveloper alleges that he has been paying the MC and tax on my behalf since 2007 and now has charged simple interest on the same @ 24% till 2017 and compund interest @ 24% semi-annually from 2017 to 2021 (from the formation of CHS). There is no mention of such interest charges on maintenance in the agreement whatsoever.

He has also modified the maintenance charges for the shop to Rs.4510 compared to the agreement done before construction which was Rs.2150. The same for the room was left blank in the agreement but still signed by my dad and other parties but now mentions it as Rs.1450 in the bill.

The amount is summing upto 65 lacs on a principal of 7.2lacs. Without paying this amount the builder won't let us have the registration of the shop and the room on owner basis. The bill which he has given doesn't have his letter head or signature.

We have paid 5 lacs in cash for the recovery of the 65 lacs as he was threatening that he can take away our property. Is there any way to recover the money as there's no proof we have paid him that amount. Would an audio recording be a sufficient proof in which he admits of having received those Rs.5 lac?

We have paid Rs. 50,000 in 2012 towards the maintenance. How would this amount be adjusted in this calculation?

Suraj Sonule   09 December 2021 at 12:59

Maintenance charges on a redevelopment project

My property (one shop and one room) in the redeveloped project was ready for posession from July 2007. We took the posession immediately but the OC was issued in 2009 for the building. The Co-op Housing Society was formed in Aug 2016.

Due to some dispute (where supposedly I might be at fault), I didn' t pay the maintenance charges since the posession of the property. It was mentioned in the agreement that after the posession, the tenant has to pay the MC and property tax to the builder and it will be subject to revision as per the new co-op society.

Since then, the redeveloper alleges that he has been paying the MC and tax on my behalf since 2007 and now has charged simple interest on the same @ 24% till 2017 and compund interest @ 24% semi-annually from 2017 to 2021 (from the formation of CHS). There is no mention of such interest charges on maintenance in the agreement whatsoever.

He has also modified the maintenance charges for the shop to Rs.4510 compared to the agreement done before construction which was Rs.2150. The same for the room was left blank in the agreement but still signed by my dad and other parties but now mentions it as Rs.1450 in the bill.

The amount is summing upto 65 lacs on a principal of 7.2lacs. Without paying this amount the builder won't let us have the registration of the shop and the room on owner basis. The bill which he has given doesn't have his letter head or signature.

We have paid 5 lacs in cash for the recovery of the 65 lacs as he was threatening that he can take away our property. Is there any way to recover the money as there's no proof we have paid him that amount. Would an audio recording be a sufficient proof in which he admits of having received those Rs.5 lac?

We have paid Rs. 50k in 2012 towards the maintenance. How would this amount be adjusted in this calculation?