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Akshat Singh (Accountant)     16 May 2014

Legal issues

My friend's father bought an industrial plot jointly with his brother's wife. Brother's wife gave the GPA to her brother-in-law who sold the the property to a third party around 30 years ago but the property was not registered in favor of that party. Third party is no more there and the title stands in favor of my friend's dad and his brother's wife. My question is to whom does the property belong legally. The legal heirs of the third party are insisting on a transfer deed to be executed by my friend's dad. But he told that he has already given a sum of money for registration of the property and it was not used for registrations. Is he eligible for any compensation for that amount? Is it safe to transfer the title in favor of the legal heirs again?



 6 Replies

adv.raghavan (Advocate,9444674980)     17 May 2014

Last few lines of your query is confusing, The property belongs to third party,and now to his legal heirs morally, Legally you are holding it because, they have not gone for registration and the document is barred by time limit. Now they (legal heir of third party) have all right to insist for registration of the same, which u have to do, or refund their money back, if at all they insist for that.

rahulburman (NA)     18 May 2014

Dear Colleague,

I am a divorcee and will be remarrying soon.  I intend to buy a flat before my next marriage.  I wanted to know the best possibility ownership option for this flat. My intention is, my wife should not have any legal claim for this property in case my next marriage also breaks down. 

What should be the best option for me to move ahead?:

1. I buy the property solely in my name. If so, will she have any claim in the property acquired before marriage?

2. I buy the property in my mothers name, and I am either a joint holder or nominee. 

3. Is it necessary to make my wife as a nominee after marriage?

4. Any other options you suggest

Regards,
Rahul

Age: 35 Years

Religion: Hindu

 

adv.raghavan (Advocate,9444674980)     18 May 2014

It is safe to have in your mothers name.

adv.raghavan (Advocate,9444674980)     19 May 2014

No it wont be safe. 

Sudhir Kumar, Advocate (Advocate)     19 October 2014

you  can make mother as owner if you have no other sibling.


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