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ashish (system engineer)     07 March 2014

House in name of mother(late)

Sir,

       I am btech finar yr student , My mother has been expired 2 yrs back, I am alone living and learning in Hyderabad (AP), I got a job in chennai (TN) as network engineer , The property is in the name of my mom , Need to relocate to chennai for at least 1yr , I am very much worried abt my property that any (Kabza) will happen ,I thought of keeping my relatives in my house to look after (no problem occurs from them) ,but worried abt my house that if some one makes fake documents and claim the property , I dnt have that much money to walk around courts etc ..... need advice , necessary steps to relocate before relocating to chennai



Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 March 2014

give your mother house for rent and make an rental agreement to whomsover. If agreement violates by relatives or any other party, punishment will be there through courts.If you do not believe any other party, make arrangement with relatives and do not forget to make rental agreement with them also. 

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 March 2014

Produce death certificate in sub-registrar office and tranfer title name into your name with the sub-registrar office at your moms house place. give your mother house for rent and make an rental agreement to whomsover. If agreement violates by relatives or any other party, punishment will be there through courts.If you do not believe any other party, make arrangement with relatives and do not forget to make rental agreement with them also. 

1 Like

dr g balakrishnan (advocate/counsel supreme court)     07 March 2014

you can move a caveat against registrar of stamps that if any comes to register yor property you need be informed, in a civil court at Hyderbad...

dr g balakrishnan (advocate/counsel supreme court)     07 March 2014

substance is u can give house on a properly documented lease agreement  not more than 33 months or 1 months renewable, and register the same at registrar of stamps relevant to jurisdiction, and keep the document duplicate duly signed after due due registration , ensure pay registration fee  due to the registrar with a caveat taken in a civil court of jurisdiction on registrar of stamps who will inform if any comes to register a sale without your consent; i e registrar mandatorily  has to inform you and hold the documents registration till you come and signify your acceptance and if not he may not register the sale. adv Bombay high court, original jurisdiction

1 Like

T. Kalaiselvan, Advocate (Advocate)     07 March 2014

The best advise is that you can lease it out on monthly rental agreement for 11 months which is renewable for three years, it will not attract any stamp duty and it need not be even registered.  Once there is somebody occupied in the house property, nobody will dare to grab or try some mischief with the property where there is somebody living in it.  This will be safest and cheapest method of safeguarding your house property during your absence.

Advocate Ravinder (Advocate/Attorney)     09 March 2014

Normally kabja will be done only to huge open lands (i.e. before layout) and plots, but not to houses.

 

I require clarification from balakrishnan.  Against whom the caveat has to be filed.  Who is the respondent. And how sub registrar is related to the present issue.  Kindly provide me the Section No or citation.


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