Disputed residential flat purchased by another person
Mrs.n
(Querist) 17 February 2014
This query is : Resolved
Brief Fact (Residential flat matter -)
There is a residential flat of apprx 245 sq ft in malad SRA area of Mumbai.This flat is in the joint name of Son (X) and mother (A) who are staying at other place nearby.Since son has got divorce from his wife (Y) ,their minor son (Z) and his wife are staying in this flat as per court order pursuant to their divorce. The terms of the court where his wife and minor son both can stay in the same flat till minor son becomes major and if wife buys a new big flat than that flat should be in name of 50 % of their minor son to protect the interest of minor son.so actually the wife is mere trustee and the rights are belonging to minor son and this will right become absolute when son becomes major.
Now, son is happily remarried to another girl and have one daughter and and HIS EX- wife from whom he got divorce , wants to remarry so she wanted to sell the flat .The neighbour of this flat Was interested in this flat as his additional investment and since he was knowing that this matter is in bit complication under court order and all that , he fixed a meeting and taken all of the family members ORAL approval together that no body has any objection in this flat and neighbour will get peaceful title and possession of flat.The big mistake done by neighbour here is he took oral approval and no paper work done for this approval.
****main twist starts here ****
The neighbour purchased the flat , all the papers are signed , the wife and her minor son also moved in their new flat etc.
Now the son have sent notice to neighbour saying that the wife was mere trustee and had no authority to sell the flat .
The neighbour is in real soup as out of trust and mutual relations he did not took NOC etc in writing .
The most important thing he has done now that since he was staying exactly adjoint to this flat and this property was additionally bought , he shifted to reside in this disputed property so that he has at least possession.
Please suggest remedies for neighbor.
1) what immediate steps he should take for taking approval of all the members and make this property trouble free
2) What section/ etc he can invoke to reply the notice
3) How he can get out from this mess and resell the property.
adv. rajeev ( rajoo )
(Expert) 17 February 2014
If the property was in minor name then wife had no right to sell the property without the permission of the court.
What is the present age of the minor
Rajendra K Goyal
(Expert) 17 February 2014
Contact a local lawyer and show him all the documents.
Mrs.n
(Querist) 18 February 2014
Dear all ,
age of minor is 4-5 years.
pl.suggest
regards
Guest
(Expert) 18 February 2014
You file a criminal complaint against the Seller/wife and claim refund of money paid along with interest Or she has to get No Objection in Writing from her Ex husband to relieve you from Litigation.Only she to be held responsible
T. Kalaiselvan, Advocate
(Expert) 19 February 2014
Besides, the wife being a mere trustee, a NOC or anything will not solve the issue. Selling the minor's property without the permission of the court is illegal and invalid. The buyer has to handover possession of the property alternately, he can sue the mother of the minor child (vendor) for recovery of the sale consideration amount, or to cancel the sale deed and to reside there itself on an agreement so that the mother obtains permission from the court of law to sell the minor's property and sells the same afresh to the buyer.
