Index ii

The Stamp duty and Registration fees shall be leviable on the "Consideration"(mobadala) or Market Value whichever is higher.  So the index-II, if it is mentioned as consideration (mobadala) might have been correct.  

Presumably "mobdala" is equal to the term "consideration" in law, as observed and advised by expert Mr. Kavksatyanarayanan  and  a local term, is it so ?

Originally posted by : Sunitha S Nair
	I have my husband's property which is a flat in Mumbai I got the details like sale date and document number from the Index II maharasthra site, So there is an amount which is shown in the Index II which is called "Mobadala" but that amount is half of the market value shown in the Index II. So which is the correct document that wee need to rely on for knowing Sale consideration amount.     Please guide me.

You have any other details of transaction regarding the property? Without any other records then the amount reflected in the index II is acceptable because the stamp duty been paid only for that value .

What is the date of the document you are referring to with the mention of Consideration therein?

Do you mean to say that you inherited a property that was originally in your Husband's name which you are now trying to sell? Don't you have the original documents in your Husband's favour with you now?

That amount mentioned in such a record is in no way connected to any future transactions by others.  There is no clarity as to why you want the consideration amount stated in the deed now.  The well-known fraud on Govt is that the consideration shown is as per market value as per records of Sub-Registrar for paying such stamp duty and registration fee, and actual consideration may be several times more than that amount in the public record.

This query, apparently, is in continuation to your earlier posting https://www.lawyersclubindia.com/experts/right-in-died-husband-s-property-by-unmarried-wife--732876.asp.

Please post the complete facts bringing out the real issue.

Sir Its flat in Mumbai and the flat was in the joint name of my husband and his sister. My husband died and I had leave Mumbai but was in good terms with my husband's relatives but now I got to know that they sold the flat without my knowledge and during 2014 the property records all were with my mother in law. So are there any ways through which we can get our legitimate share?

To know the sale consideration?

@sunita nair:  Madam, you ought to post this as an independent query separately and you can not intrude/trespass into another thread as the guidance given may confuse others.  First, ask someone to get certified copies of such sale deed from Registrar's office both for the old sale deed standing in joint names of your husband and sister and the sale deed in which his sister sold entire flat standing in joint names.  Issue a legal notice through your local advance alleging fraud and let them reply.  Make the purchaser also a party to the notice and wait for a reply.   Then contact a local advocate for further remedy stating that the fraud has come to your notice only recently.   There are several details requires as to the age and source of both brother and sister while acquiring the property, the enjoyment of the profits and physical possession, and only a local advocate can guide you after studying the documents and for further course of action.  It is not possible to get exact consideration received by your sister in law, as the amount stated in the deed is always a fraction of the original amount.

Originally posted by : sunitha nair
	Sir Its flat in Mumbai and the flat was in the joint name of my husband and his sister. My husband died and I had leave Mumbai but was in good terms with my husband's relatives but now I got to know that they sold the flat without my knowledge and during 2014 the property records all were with my mother in law. So are there any ways through which we can get our legitimate share? To know the sale consideration?

Post the query separately.

The sale transaction is stated to get registered in 2014, which is barred by limitation in 2021.

Consult and engage a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.

The amount shown in the Index II is the sale consideration amount at the time of purchase of the property. 

However the value of the property would have increased by now, hence relying on that information may not fetch you the value of the property as on date. 

Whether your Husband died intestate ie without writing any Will?

Another question, how your Husband and his Sister acquired the property in the first place? With their own funds or was the property devolved on them jointly from their Father?

If the property was sold subsequent to the death of your Husband and your Husband passed away without writing a Will, to the extent of your Husband's share, you and your children need to get a share of the property. If Children are there, Minor's interest also is involved. In this background noted above, if you have not signed the documents in your capacity as Legal Heir and on your minor Children's behalf, the sale is not valid. You may contact an able and reliable local Lawyer and explain all details to him. You may think of filing a case against your In-laws, Buyer, Registrar who registered the property, and the Society which gave NOC/transferred the share if any seeking cancellation of the sale. Once the case is filed, they shall come for compromise and you may get your share in the sale consideration.

And, it is an open secret that the sale consideration noted in the documents is only as per Government rates and the real consideration may be much more.

If the sale had taken place when your Husband was alive and he also signed the documents for selling, you have no case.  However, he acquired property jointly from ancestors, your Children shall have a right on the property to the extent of the Husband's share.

There are many relevant facts that are not disclosed or not available in the query and subsequent rejoinder. Therefore, contact a Local Lawyer and seek his advice for further action giving full details and showing copies of documents if any.