venugopal
27 December 2018 at 14:27
My father who purchased a flat in mumbai made my mother a nominee in society records .. my father died intestate.now my mother also died in 2014 and after her death ; we have come to know that she has made further nomination in favour of my two brothers . the society stance is that its illegal but in society records the nomination form is accepted.Now my two brothers are saying that the flat is gifted to them via nomination and are forcibly NOT allowing us in our own family dwelling.. .sometimes they claim that mother has made will ;but are reluctant to show it to us .other time they say they want to probate the will but have no money..please guide us.
Rajiv Panchmatia
26 December 2018 at 20:34
My father stood guarantor for a loan taken by a pvt ltd company in which my uncle and his son are directors.Apart from the guarantee the bank has taken personal properties of my uncle and father.Now the account has become NPA and the bank has sent notice of attaching the secured properties under serfasi.My father has now transferred all his properties which have not been secured to the bank on my name by a registered gift deed.My question is will all those transferred properties remain safe or can the bank attach them by filing a suit for fraudulent transfer.Till now there has been no notice sent to him regarding the unsecured properties.
Prakash S. B.
26 December 2018 at 19:17
I am the Secretary of a Housing Society at Vakola, Santacruz East, Mumbai - 400 055.
A widow who is the sole owner of a residential flat in the Society passed away on 22.04.2018 and left behind three children as her legal heirs.
Before the said flat could be transferred to the nominee(s), the older son/nominee, whose name stands first in the Nomination Form with 33.33% share; passed away on 30.06.2018, leaving behind his wife and two daughters as his legal heirs.
The younger son / nominee, whose name stands second in the Nomination Form with 33.33% share, is married but has no children.
The daughter/nominee, whose name stands third in the Nomination Form with 33.33% share, is a married widow and has no children.
The Managing Committee has taken a decision to transfer the flat in the joint names of the two surviving nominees based on the said Nomination Form as per the Society's record i.e. Nomination Form submitted by the said widow as follows: (1) Surviving younger son/nominee and (2) Surviving daughter/nominee.
I now seek your valuable guidance / opinion on the following two issues:
(1) Whether the above decision taken by the Managing Committee is correct, proper and legal?
(2) How do we deal with the 33.33% share of the older deceased son/nominee whose name stands first in the Nomination Form.
Thanking you,
Sincerely,
Prakash Bankeshwar
Sameer
26 December 2018 at 17:10
There is a company-owned rental (pagdi system) flat (Approx area 1800 sqft carpet). The rental receipt and electricity bill are on the company's name. The families of the two main partners( Real Brothers) used to reside in the above mentioned flat. One family migrated to the native home due to ill health of one of the family member. Recently a builder approached the landlord and acquired the whole building for the redevelopment of this premises under Mumbai delipidated building law and asked every tenant to submit relevant documents to prove their tenantship right. The brother residing in the flat is discussing with the builder to claim the whole flat for himself. My father (his brother) approached the builder with all facts about this flat and ask him to not deal with the residing family alone. More than two months have passed and we have not received a reply from the builder. Please us how to handle this matter.
Ranbir
25 December 2018 at 17:01
dear sir,
i had taken business loan from bank and made my house collateral for same but due to loss in business i could not pay the loan and bank sold my house to take the loan amount from me i was sad that my house is gone but satisfied that the loan amount is cleared but after 2 and half years bank representative called me and directed me to pay huge amount of money as an interest of 36% was to be paid on defaulted amount which is still due and is threatening me what should i do know as bank claim is illegal because my house value was more than the loan amount
Anonymous
25 December 2018 at 15:42
What is the percentage of registration and stamp duty fee to be paid for the property purchased under SARFAESI ACT?
KARTHIK RAO V
24 December 2018 at 17:48
Hi
There is a property in the name of my uncle who passed away recently.
They have only one son who is a US Citizen and does not want to have a share of the inherited property and is currently in India temporarily.
Hindu Law applies here and There is NO WILL
The parents of the deceased are not alive
The only family members are : Deceased, Deceased's
wife, their son, their daughter in law, their grand-kids who are well below 10 yrs of age (I assume the grand-kids need not to be involved here as they are minors)
The process for the transfer of Khata is :
Transfer property jointly in name of deceased's son and wife (all the legal heirs)
(or)
Transfer property in name of a single family member with an NOC affidavit from the other legal heirs (No Gift deed needed)
In this case, to transfer the property to deceased's wife name, the authorities will demand an NOC Affidavit from the other legal heir i.e, the son who is A US Citizen
Hence, can he provide an affidavit on an Indian Stamp paper sworn in front of an Indian Notary even though he is a US Citizen?
(or)
Should he get the affidavit done in US local state, get it notarized and Apostiled there and Attest it by Indian Embassy and send it to India?
Also, do the same rules apply for a general Power of Attorney (POA) as well ? (For other transfers like Electricity, Water Supply etc)
Thank You
sreedevi
23 December 2018 at 20:54
Sir, my friend name is Puli Swathi, D/o.Puli Srinivasa Rao. Her father was died. During the life time of her father, her grand father gifted some immovable property to her by regd.gift deed by stating her name as Puli Swathi, D/o.Puli Srinivasa Rao. Later her father died and her mother married again one Mathani Venkateswarlu. After that she purchased some other immovable property on her name by showing her name as Mathangi Swathi, D/o.Venkateswarlu(step father). Now both properties are belongs to her but the documents shows the different names. How can she prove those both properties are belongs to her. There is no ID proof for the name Puli Swathi, D/o.Puli Srinivasa Rao but for the second name she have all ID proofs. Plz. Advise me.
Anonymous
23 December 2018 at 02:50
An ancestral land, grand father get by partition from court in 1941, grand father died, but at the time of grandmother, my father, living the unblance life not as it expected from norma human being and not properly taken care of family, i.e. Mother and my sisters etc..sold the land without the consent of family members in or around of1980s and also enter into agreement to sale more..even my grand mother not consented at that time, my grandmother died in 1998, the agreement to sold between my father and others district court has decided that agreement was correct. ..now I can challenge the said agreement and its court order along with earlier sale deed in the ground of incompetent to contract..fraued etc..because at that time while entering entire agreement and sale deed no family members were consented..even my grandmother..and both the party I.e. My father and others were well aware that land belongs to my grandmother and it is an ancestral land so both the parties done fraud..kindly help and if possible provide me the references of similar cases etc..The matter known to me recently about the earlier sale of land during the proceedings of suit of challenging of agreement to sale by other party that is done by my father.
I want to challenge the entire episode with my mother..
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Purchase of disputed property in tamilnadu-reg.
Sir/madam,
I had sold a property (land) inherited by my father from his uncle, gifted through a registered will. The subject property was acquired by my father's uncle from his elder brother through a partition suit, court judgement. Post demise of my father in 2013, I along with my mother applied for patta in 2015 and after obtaining patta, sold the property in 2016 with proper titles.now an OST has been filed on the person who purchased from me, by some other party claiming ownership of the land. I asked the person who purchased land from me to implead me into the suit and he has impleaded me. But now the buyer who purchased the property from me wants me, to buy the land back from him and settle the payment. In this regard he's also creating nuisance and inconvenience to my relative who facilitated the purchase earlier but is no way connected in any of the documents.
Under the circumstances is it legally ok, to buy back the disputed property. may kindly advise, Property is in Tamil Nadu.