TRANSFER OF NAME OF REGISTERED GIFT DEED IN SOCIETY
(Querist) 02 October 2009
This query is : Resolved
MY QUESTION ASKED PREVIOUSLY TO WHICH I GOT A POSITIVE ANSWER FROM ALL THE RESPECTED AUTHORITIES ON THIS SITE. THANK YOU EVERYONE. IT WAS ANSWERED THAT IT IS TOTALLY AND LEGALLY RIGHT. THE QUESTION WAS AS FOLLOWS:
‘If 50% share of a residential property is gifted vide registered power of attorney and registered with the resistrar and later after the date of registeration of Gift Deed the Power of Attorney is revoked, does the Gift deed stand valid or can a stay be taken, and could any legal action be taken on the Power of Attorney holder( The regsteration of Gift deed is done and then a notice for revoking dated after that is sent to the P.O.A. holder).
NOW ON HANDING PAPERS IN THE SOCIETY WITH ALL UNDERTAKINGS THE SOCIETY TOOK TIME AND HAVE STILL NOT TRANSFERRED OR GIVEN N.O.C. TO ME.
NOW THERE WAS A LEGAL NOTICE SENT BY THE POWER OF ATTORNEY HOLDERS LAWYER ASKING THE SOCIETY NOT TO TRANSFER THE SAID PROPERTY.
IS THAT LEGAL OR LEGALLY ALLOWED. WHAT SHOULD THE SOCIETY DO.
IN CASE THE SOCIETY STILL REFUSES TO GRANT N.O.C. THEN WHAT STEP SHOULD I TAKE AND WHICH AUTHORITY SHOULD I APPROACH. ALSO HOW LONG WOULD ALL THIS TAKE.
Raj Kumar Makkad
(Expert) 02 October 2009
legal notice is not a mandate of court and society can take action ignoring the legal notice and if it do not act, then u also send a legal notice and thereafter file a civil suit against the society with an application seeking interim direction to issue NOC.