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Sn   02 February 2016

Conditional sale deed

Hi,

im in need of some information regarding a property in my family. My deceased mother had purchased a site from the co-operative housing society in bangalore in 1987. Subsequently she constructed a house. She passed away in 1998 and by virtue of will and legal succession I'm the entitled owner of that property which I have since rented out and still in my possession. I'm the legal successor and legal heir to the deceased property estate as per the Will of testament and succession certificate. However, A week ago I got a call from one staff of the housing society enquiring about my deceased mother and the status of the property which she bought. During the conversation it came to my knowledge that the sale was excited as a conditional sale deed with the condition that it should not be sold to a third party in a specific number of years (ie within 10 yrs). But now I have been asked by the staff to pay an amount of 1 crore to register the site in my name since it was on a conditional sale deed. I don't understand why because the site has been properly registered with evidence of encumbrance certificate and maths registration and paid property tax since the purchase and even after her death. On further conversation the staff said he would consider the situation and asked me to pay only 23lakhs calculated on the rate as per 1997and not 2015, to register it in my name and make it an absolute sale deed or else I was liable to pay the said aforesaid penalty of 1crore calculated as per today's land rate and registration rate. I'm confused. Could somebody please help me on what the law says. 



Learning

 4 Replies

jagannath magar   02 February 2016

DON'T get confused. Show the sale deed and concerned papers to your lawyer and discuss with him .

Kumar Doab (FIN)     02 February 2016

The property has devolved upon you by inheritance/succession as per your post.

Submit the death/succession certificate etc to mutate the property in your name,of course under proepr acknowledgment.

Keep your possesion intact.

Download society rules.

Let the society issue a notice to you.

Show all property/succession related papers to an able counsel and understand the matter and genuineness of demand of society member.

 

 

Sn   03 February 2016

Mr Kumar Doab,

sir, I have a question. Can the society member demand money when my deceased mother settled the site money and registration etc when she was alive? Why can the soviet ask money now after nearly 20 yrs?

thank you.

Sn

Kumar Doab (FIN)     03 February 2016

If the deceased lady has settled all dues then society can not ask for it.

 

If there are some unpaid amounts then society can ask for it.

When it comes to asking after say.......20years, then current society officials if have found any unpaid amounts, can ask even after 20years.

 

The dues are to be explained and related with rules. If the limitation bars such demand or payment then that is to be seen by you and you are to decide that you want to contest or pay.

 

Pursue society rules/documents to find what was due and what was paid and what is due,if any!

 

The demand for any payment should ideally,be made in writing.

It is reiterated that you may shwo all papers on record to an able counsel and understand the merits and options and thus to take a well informed and just decision.

 


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