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Namita (None)     08 December 2014

Mutual understanding

My mother in law is co-owner i.e. 50% owner of a property co-owned by my husband. She doesnt want to stay with us anymore and wants us to pay Rs. 10 lacs to her by Aug 2016 or earlier (whenever we arrange 10 lacs) and till then we have to pay her Rs. 4000 maintenance on the 10th of every month. Once we pay her Rs. 10 lacs, she says she will remove her name from the property completely. She is in MP and we are in Mumbai. We are giving her 6 post dated cheques of Rs. 4000 for her assurance. How to prepare legal papers for this? Do we have to notarize?



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 6 Replies

reeti shah (lawyer)     08 December 2014

There is no need for you to pay her since your husband is owner of the flat. She has to tranfer her share to your husband by either selling or gifting. if she wants to remove her name from property. For further you can contact me on below Adv Reeti Shah reeti@corpusjurislaw.com 9930285557

reeti shah (lawyer)     08 December 2014

There is no need for you to pay her since your husband is owner of the flat. She has to tranfer her share to your husband by either selling or gifting. if she wants to remove her name from property. For further you can contact me on below Adv Reeti Shah reeti@corpusjurislaw.com 9930285557

Dr J C Vashista (Advocate)     09 December 2014

Your MIL is entitled for Rs. 4,000 pm (as demanded by her) for her share in the property if you want to enjoy her share, nothing wrong or illegal.

Arrange 10L and pay it your MIL, if you feel it is worth investing and get it documented in favour of your husband.

Namita (None)     09 December 2014

Thanks for your quick responses Reeti and Mr Vashishth. What can be written in the document now so that we dont leave any loopholes for the future? Also, gift deed is a must after we pay her 10 lacs, right?

Dr J C Vashista (Advocate)     10 December 2014

Contact and consult a local lawyer for drafting gift deed, which cannot be explaiined here.

T. Kalaiselvan, Advocate (Advocate)     11 December 2014

This is an oral agreement between a mother and her son about sharing and paying.  Even otherwise it becomes the duty of the son to maintain his mother as per law hence there wont be any need to make an agreement in this regard.  You must note that in any case your MIL will not be able to sell her share of property to a third party due to its joint ownership nature.  Therefore, arrange for the demanded amount at an early date and ask her to execute either a sale deed or gift deed in her son's favor after receiving the consideration amount.  In a plain language a sale agreement sort of contract can be made between both but in the absence of its registration it will lose its validity, hence there wont be any use of making any agreement in this regard if it is not registered.  Consult a local advocate for further advises based on the local situation and proceed as per the circumstances.


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