Civil Procedure Code (CPC)

Index ii


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.

 
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subregistrar/supdt.(retired)

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.  

 
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Lawyer

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 ?

 

 
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Advocate

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 .

 
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Retired Manager

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?

 
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Retired employee.

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.

 
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Advocate

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.

 
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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?

 
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Retired employee.

@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.


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Lawyer

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.

 


Total likes : 1 times

 
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