Sir, I am selling my flat. I have received token money from buyer and rest payments as agreed between us are still to be received by me(he will take home loan & some amount he will pay by own) Now he wants to prepare Sale agreement. I want to know what documents i should provide him now. He's asking for Maintenance REceipt, NOC from Society, Passport photo and Aadhar of all our famly members. Kindly guide !
Anonymous
23 July 2021 at 17:30
Father wanted to sell a plot of land to person X, and person X had paid 50% of the amount, but person X was not able to pay the rest and kept on delaying it for 6 years. They signed a MoU with a stipulated time to get into some agreement, although there is no registered sale agreement here. However, after my father has passed away, person X shows up on our door demanding 50% of the amount with interest for all these years. Are we liable to pay person X back?
Anonymous
23 July 2021 at 04:00
I have exchanged the flat with other owner in the same building/society. Can the society members ask me for any exchange fees or charges. For eg. As there is entrance fee who purchase a flat in the building and seller also pays fees to the while leaving the building (which the maximum amount is 25000). I'm already a member of that building neither entering for the 1st time nor leaving that building. So, can society ask me to pay for any charges/fees legally which is prescribed in the cooperative society act?
Anonymous
22 July 2021 at 21:27
I and my husband are getting divorce on mutual consent. Out of our wed lock we have a daughter who is a minor . As decided between us, I will have her full custody and father will have visitation rights.
My husband wants to gift deed his flat to our daughter before the divorce. he is sole owner of flat so he can be the doner.
Q1 Can he sign as donee as well? Or can I sign as donee?
Q2 After divorce can I live in the flat with my daugther?
Q3 will my husband have any rights (as natural guardian) to sell or rent out the flat even after gifting it (after divorce )?
Q4 Can I rent out the house for daughter's medical or educational needs without husband's permission (after divorce)?
Q5 Can he trouble me for the flat like entering the flat as owner (as daughter's natural gaurdian)
Q6. Can I and my daughter get society amenities access once the flat is gifted to her?
Pyarali Nayani
22 July 2021 at 16:49
I purchased a flat at yari rd Versova Andheri West through my sole source of funds in July 2005 I had also kept my wife as a co-owner and we signed and registered the purchase deed jointly. No percentage ownership was mentioned in the agreement or in the society correspondence. As a part of procedure that time, we nominated our son Rafiq Pyarali Nayani as a nominee 100% and submitted the nomination form in the society office signing jointly.
In November 2011 my wife left the house along with 2 minor children at that time we had 2 children son 10 yrs and daughter 6 yrs (daughter was born in October 2005) over a domestic/family disputes. Since then till date my wife was staying separately along with our children at different locations. My wife had also sent written intimation the society office in 2012-2014 saying that i should not be allowed to rent, sell, transfer the property and she also requested copy of the sell agreement and nomination registration. Which society office gave it to her without taking my permission. Last month on 27/6/2021 my wife passed away at her Bandra maiden resident. I was informed for the same so I attended the funeral.
A very next day on 28/6/2021 my son wrote an email to the society office saying that "he is the nominee and my daughter is legal heir in the said property and I should not allowed to rent, sell , transfer the mentioned property to anyone else"
Further society office also received a letter from my son's lawyer asking society not to permit me to rent, sell, transfer the flat and also asked to register his client Rafiq Pyarali Nayani as a member/shareholder and to nominate my daughter Elham Pyarali Nayani as a sole nominee and if it is not done then there will legal consequences against the society and me.
Society told me verbally that now I can't do anything as I don't have any rights to rent, sell or transfer the property. Which I m bit surprised.
As I have purchased the flat through my sole source of funds from my singal bank account and till date I m paying all the society dues and property tax through my sole singal bank account.
Please let me know what are my ownership rights and also rights to sell, rent, transfer the property
Anonymous
22 July 2021 at 14:30
1. i have a three years rental contract (duly registered) for my flat in gurgaon which is expiring in nov 2021.
2. i want to extend the contract for one more year with increased rental .
3. is it advisable to sign a new contract for 11 months or extend the present lease which is better and legally enforceable . if i extend the present lease for 11 months, do i need to register the rental contract again ?
4. how much before the current rental lease should i sign the agreement for extending the lease.
5 any other imp thing to be aware of ?
Anonymous
21 July 2021 at 14:08
Q1. if my husband gives a gift deed property (flat) to my minor daughter what is the process? Does local society NOC, Local panchayat NOC and registry required?
Q2 If my ex-husband gift deed a flat to our minor daughter, being a legal sole gaurdian can I sell or give the flat on rent until the daughter is 18?
Hi Sir,
We have entered a sale agreement with Seller (Husband and Wife) for the purchase of land.
Now one of the sellers (husband) was died. Already signed sale agreement was expired.
Now, we are proposing to enter a sale agreement with all legal heirs (4 children's + Mother).
One of the legal heirs is staying in abroad, planning to give power of attorney to his mother. It will take some time in completing this process
Therefore, we are planning to enter a sale agreement with all the legal heirs without getting sign from NRI legal heir. Is this agreement being valid, we have already paid 50% of money to seller (deceased person).
Request your support.
Thank you
Anonymous
20 July 2021 at 18:22
Dear Sirs,
My friend own a flat in society. There is an agreement for sale of the year 1996 for the said flat in his father's name . his father had paid the stamp duty and registration fees . After his father death he transferred the membership of society to his mother . Now can my friend make sale deed in his own name , of the said flat . Or it is to be made in the name of his mother only .
Injunction against partner putting new tenants
Dear All ,
We are a Partnership company in which First partner has put tenants witout informing the other partners and is recieving rents and is not sharing the rents with other partners , can we get an injunction on barring him from putting new tenants in future without our consent , also what is the procedure to put all the rents recvd in the court until the case is decided.
thanks
Anand