Immovable property in nominee's name
Querist :
Anonymous
(Querist) 13 March 2010
This query is : Resolved
I am looking to buy a property from a person who got the residential property transferred in his name in the records of registered co-op housing society through a nomination and an affidavit (in brief : after me , my flat should go in brother’s name) signed by his widowed sister ,died recently.
The widowed sister was the first owner of the flat ,left no children behind.
There is only 1 relation exists with the widowed sister on husband’s side i.e the sister in law (husband’s younger brother wife- ‘Devrani’) .This sister in law has a maternal grand son ( her daughter’s son .)
FYI . The registered society is ready to give NOC to me for Housing Loan on this flat in turn purchase of flat.”
Request for your advice on the following 3 issues
1) whether the above relation (sister in law ) can create objections/claims in this property ?
2) If I take the “no objection letter” from sister in law only , can the maternal grand son create problem ?
3) after taking signatures of all the legal heirs if answer is yes for 1 and 2 , is it really necessary to get an order/declaration from
the court of law by the nominee who has transferred the said flat in his name in the records of the society.
4) if answer to 3 is yes , please help as to how much
a) approx time it takes to get the court declaration/order and
b) in mumbai I need to approach which court (tashildar level/high court ?? ) and
c)with what set of document and
d)the approx fee
Thanking you in advance
Raj Kumar Makkad
(Expert) 13 March 2010
1. No. It has not remotely any connection with the ownership of the property and she has no right to agitate legally.
2. No.
3. It shall be better if court verdict is obtained but it is not mandatory in the given facts.
4. already answered
Querist :
Anonymous
(Querist) 15 March 2010
thanx u very much sir for your valuable time. Sorry to trouble you again on this ..May I request for the relevant sections/legal act of the law governing this fact or any court judgements so that I can have a strong holding when some body attacks me on this front.
Querist :
Anonymous
(Querist) 18 March 2010
Request for the reply on supporting law/sections or court decision/case on your answer please
