Re: who's the rightful owner??? (simple issue)
Kartik dhar
(Querist) 03 November 2011
This query is : Resolved
Hello Xperts!
Happy Diwali and a prosperous New Year to all the viewers!!!
My Mother-In-Law (MIL) sold me a 1 BHK flat in Mumbai, Maharashtra and an Office of 250sq.ft. in Mumbai as well.
As requested by her, I gave her the sale price in cash. Since then, 15 Aug 2009, I am in possession of both the properties.
I have been paying the society dues since then. I have my following Govt. Documents showing the address therein.
1. Passport
2. Ration Card
3. Meter Registration
4. Voter's ID
5. Bank Accounts
Now, my simple question??
Can my MIL claim the property, if she desires to?
Facts:
1. MIL has not provided me with any sale papers or bill of sale. (Family Deal)
2. Also, she is not the registered owner of the Property, her later Father was the real owner and the Father made a will which designates her as the owner, but she has not got the transfer formalities done in the office of the registrar.
3. The society bill is still on her late father's name and not hers.
Q-Is she the owner of the flat? Since it is not registered under her name and she only has a Will from her late father.
Q-Who becomes the rightful owner of the property in this case?
Much appreciated!
A V Vishal
(Expert) 03 November 2011
Put in simple terms, you don't have clear title. Your rights may be disputed later.
Kartik dhar
(Querist) 03 November 2011
What are my chances to win if disputed? What shud i do?
Much appreciayed
Ravikant Soni
(Expert) 04 November 2011
file suit for specific performance of sale contract and execution of sale deed but if you have enough means to prove the payment of sale amount..
Kartik dhar
(Querist) 04 November 2011
I just have an email from my MIL's husband that testifies that she has received the payment from me for the said house and shop.
prabhakar singh
(Expert) 04 November 2011
In order to make things proper it is necessary that she applies for probate according to will and then get her name mutated in municipality and society to become owner absolute.There after she would be needed to execute a registered sale deed in your favor accepting the consideration received before execution where after you shall apply mutation as buyer in her place
only then the TITTLE in property can legally vest you peacefully otherwise a dispute would always be open with her or her heirs.
Kartik dhar
(Querist) 04 November 2011
What if she is not willing to do the paperwork ? She is not the absolute owner.
prabhakar singh
(Expert) 04 November 2011
How can i then persuade her for that,only you know better.When she is not absolute owner then even she does the paper work,nothing is going to come you.
you are eating and chewing your facts,why do not you vomit all in one step.
Kartik dhar
(Querist) 04 November 2011
The fact is that my Sister in laws indirectly threatens me that their mother will not transfer the title to me. I am in possession since 2009.
How can she take away or claim the house if she is notthe absolute owner. Proprty not registered in her name. The actual owner ofthe property is dead.
The society bill is still in the dead mans name!
??
Kartik dhar
(Querist) 04 November 2011
The dead man gave her the will by which she claims the ownership!
R.Ramachandran
(Expert) 04 November 2011
Dear Mr. Dhar,
Have some heart.
If the dead man has given a Will in favour of your MIL, if no one else is objecting to the existence or veracity or genuineness of the WILL, won't your MIL become the absolute owner. If currently she has not got her name mutated will not in any way affect her right to be the rightful owner of the said property. She can get her name mutated in the records at any point of time. What is the big deal about it?
Just because you are in possession of the property, you cannot become the owner!
prabhakar singh
(Expert) 04 November 2011
Thanks to mr. Ramachandran shutting the irrelevant doors of unnecessary arguments.
If his MIL is not okay with him despite having taken money from him what can expert do for it.
we can not transfer her interest to you simply by advancing advises.
