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Anonymous   08 September 2022 at 01:32

get signature for the transfer of property

We are three brothers(elder Trimurti, middle Ganesh and younger Naresh). I am the middle one. Our father's name is Maruti.

Naresh was adopted by the my father's elder brother, Tanaji. So Naresh is now owner of all the possessions like land, house property of uncle Tanaji. He does not have any share in my father's property.

Trimurti have common share with me in all the belongings of my father.
Issue starts from here.

We(Naresh and Ganesh) lived in house which is on the name of Maruti 50% and Tanaji 50%. My elder brother Trimurti has the equal share in 50% part of the house with me. And Naresh has whole 50% inherited feom uncle Tanaji.

Now, Trimurti went out of the house when he got married and built a home on my father's other property. I also gave my consent for that transfer of property.we have the application document for that consent as well. However verbally it was decided that other property that is whole 50% will be transferred on my name.
This is past story.

Current situation is as below.
My uncle Tanaji had another plot on his name and is inherited by Naresh. Since I have only one son, and Naresh has 2 sons, me and Naresh decided that I will transfer entire 50% that I own in the house to Naresh and he will give me the plot where I will build my separate house.

The 50% part of the old house is still on the name of my father. But to transfer it to Naresh's name I need consent of my elder brother Trimurti. Naresh trnasferred the plot of uncle Tanaji as decided to me.
We created a new stamp agreement of 100rs. Where I and my elder brother mentioned that we are giving our share of the house to Naresh. As plot was already transfrred to my name i built my separate house on that plotby taking laon of almost 12 lakhs.

The only thing remains now is to transfer the old house to my younger brother Naresh. However now my elder brother Trimurti has changed his mind and is saying he will not transfer his share of the house and demanding 2.5 lakhs to do so from me. We told him that you have signed the agreement / stamp paper with 6 witnesses, how can you betray us now.

What can be done in this situation to get that old house where me and Naresh used to live to get transfrred to Naresh entirely. On stamp paper ,Me and my elder brother both mentioned that we are giving this house by our own free will to the Naresh and we have 6 witnesses as well. So can it used to force Trimurti to transfer the house?


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Anonymous   07 September 2022 at 21:56

Is nomination form not enough for property transfer?

Husband expired recently and left behind two apartments for wife and two sons.

The documents clearly states that the husband was the sole-owner of the first apartment and on the second apartment had his wife as the second owner.

Both apartments have nomination forms where he nominated his wife and elder son on the first apartment (where he was the sole-owner), and nominated younger son on the other apartment (where wife is the joint owner).

In order to now transfer the property title, the society is asking for death certificate, nomination form, marriage certificate, gift or transfer deed and also a legal heir certificate?

We checked the society by-laws which doesn't ask for any of this, but the society is still persistent on the said documents so that in-future in there are any property disputes the society is not blamed or asked to come to court.

Need guidance on what is required for transferring the title? Has anything changed on society by-laws.

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Naveen Kanth Dasari   07 September 2022 at 17:15

Agreement of sale

Dear Experts,
I am a Practicing Advocate, I have a query regarding Agreement of Sale, I have filed a case for specific performance.
The Facts of the case is that my client entered into an Agreement of Sale with a property owner(Who is a close friend of my client) for total sale consideration of Rs.25 lakhs out of which 5 lakhs was paid as an advance by my client to the property owner and the remaining balance of 15 lakhs shall be paid within 45 days of the Agreement and after receiving the advance the property owner signed the Agreement of Sale and handed over the possession of the property to my client and my client has done some renovation spending 5 Lakhs and since then my client is in the possession of the schedule property. The terms of the Agreement was that my client shall approach the bank for loan to repay the balance sale consideration for which the property owner also agreed, however after sometime the property owner did not cooperate with my client or with the bank people for verification of the property documents in the result the loan was rejected, unable to bare the attitude of the property owner my client approached me for solution and at first I sent a legal notice to the property owner giving him 7 days time to cooperate with the bank and also cooperate with my client for registration of the property after taking the balance consideration. The notice was received by the property owner however he did not reply the notice whereas orally approached my client saying that he do not want to sell the property. Later on I filed a case in the court praying the court to direct the Defendant to co-operate with the Plaintiff in availing the bank loan and also direct the Defendant to execute a registered sale deed in favour of the Plaintiff or her legal heirs on the agreed sale consideration.
The property owner received the summons and appeared before the court and his counsel filed Vakalat and since he nor his counsel are appearing before the court, however my client arranged the balance amount from other sources and ready to pay the balance consideration without approaching the bank for availing loan, my client even after filing the case and also after arranging the amount approached the property owner for amicable settlement but the owner did not cooperate.
My Query is:
1. Do i have to file an Amendment Petition for Amendment of Plaint as the earlier facts was that my client wanted to approach the bank for loan and the owner was not cooperating, however now as my client has the balance amount and she is ready to pay the property owner and go for registration?
2. Or can i deposit the balance amount in the court?

Please Advice

Thank You.

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Anonymous   06 September 2022 at 17:42

Husband's share

If wife has inherited a property and have her name on property card and have died in mysterious circumstances Will her vagabond husband inherit that share after her

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Anonymous   05 September 2022 at 13:38

Sell undivided property

My father have ancestral undivided 40000 square feet property . Total 5 name mentioned on property (including my father).
Can my father sell his share in property as per Sunni Muslim law without partition?

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Syed Athaulla   03 September 2022 at 20:33

Gpa is not registered

GPA site is not registered Hi sir, My father has purchased the site through gpa notary but not registered in 2007 later he registered the site through sale deed with same as purchaser and buyer after that he again gift deed to my mother. Is the site valid to sale the site yo third party or do we require the signature if the gpa holder . Thank you

Read more at: https://www.lawyersclubindia.com/experts/experts_profile.asp?member_id=5573

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Anonymous   03 September 2022 at 19:23

Death of co owner

We reside in a bungalow built by our great grand father in 1935
This is owned by 3 sisters and one brother of my father and my father

But only we are staying here So we are residential owners
Property card have name of our father and other siblings

Our father passed away in 22 July
Can co owners push us into redevelopment

We don't want to do redevelopment

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Pendyala Vasudeva Rao   02 September 2022 at 21:14

Lr petition

LR petition is pending in declaration suit. Respondents not filed counter since 1200 days. Court not forefrited the right of respondents. Already 5 defendents set exparty. O 8, R 10 petition filed by plaintiff.Can the court pronounce the judgement in favour of plaintiff? How?

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Anonymous   30 August 2022 at 12:15

Gidc property related help

My father had bought a flat in xyz building which comes under GIDC and we did all the paper like sale deed and all . But he didn't knew that the flat needs to be transferred from Gidc and after few years he died and the flat was transferred to my mom name by doing affidavit as a legal heirs after him. Now due to some money issue we had to sell the flat. we sold that flat to other person and we did all the paper like sale deed and sale certi.. but we also didn't knew about the flat need to be transferred from Gidc side now the person wants his name to be registered in Gidc now the problem is in Gidc record it is showing the person from whom my dad brought it for . now the problem is how can we transfer the name from that person to the buyer my mom sold it .

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Sumedh Pakhidde   29 August 2022 at 11:06

Bank asking to complete sell deed before full payment

Hi, i sold my mhada flat in 50 lakhs, purchaser given me 6 lakhs as down payment and 44 lakhs is loan from icici bank, bank released 19 lakhs in favor of sbi to wave off my home loan. Now for remaining 25 lakhs bank asking me to do sell deed registration first in favor of purchaser. Then they will pay me remaining amount. As i have given all the Noc's and documents which was needed. For sell deed registration bank will provide me DD details of 25 lakhs. Bank is pressurizing me to do sell deed registration with DD details then i can collect DD from their office.

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