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RAMESH PITTALA (GENERAL MANAGER - ACCOUNTS & FINANCE)     14 October 2012

Property dispute

I had posted a query two days back on the disputed property. But I have not got satisfactory answer from anyone.

My father had sold off the flat to a maid servant for a consideration value of Rs.5.00 lacs when the flat cost was between Rs.50.00 lacs to Rs.55.00 lacs after my mother's death last year. The flat was in the joint name of my mother and father and we three brothers and one sister are the equal nominees. The society has issued the N.O.C. in favour of the sale, without informing us the  legal heirs of the flat after my mother's death and even my father has kept is as a secret the registration of the flat.This information was exposed during one of my visits with my family. The maid servant has still not occupied the flat. My father is 87 year old and and due to his adamant and unadjusted nature, is staying alone in the flat, and we understand, the maid has brainwashed and influenced my father to sell the flat in her name. We also understand, that the Rs.5.00 lacs consideration value was also been funded by my father, to have agreement completed as everyone is aware, the maid does not have any penny since she does washing, sweeping and other house hold chores in different houses in the society.

My query.

1. Can the society give N.O.C. to sell the flat, when we are the legal heirs after my mother;s death and being equal nominees of the flat. Can we take legal action against the Society manament committee meeting.

2. Can we take legal action against the lady who has influenced and brainwashed my father in aquiring the propertly illegally, when we are the legal heirs and nominees to the property.

3. Can we take action against my father for providing wrong information to the registrar and fraudulently selling the flat for Rs.5.00 lacs when the actual flat cost is around Rs.50.00 lacs.

4. How should we take it up in the law of court that this agreement is illegal, and make it NULL AND VOID ?

5. Can we take action against the registrar, for registering the flat in the maid servant's name without verifyin the documents and the legal heirs ?

6. What is the procedure for cancellation of this illegal and fraud agreement with registrar's office ?

7. What is the procedure for re-registering the flat in my father's and we 4 legal heirs name ?

8. the Can Stamp duty and the registration charges paid in this illegal agreement be refunded or how should we claim and what is the procedure.

 

Kindly revert with clarifications for the above query. Would request, respected legal advisors to respond. I would expect more than 3 to 4 answers from the different legal advisors.

 

Regards,

 

 

 

 

 



Learning

 2 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     15 October 2012

If the flat was on the joint name of your father and mother, your father alone cannot sell the flat to any buyer as the agreement would require your mother's signature and your mother would also be required to go to the local registrar's office for registration.

If she has not signed on the agreement and not gone for registration then the flat cannot be transferred and the society cannot transfer the share certificates in the maid's name.

Your mother can write a letter to the society stating that she is one of the owners of the flat and that the share certificates should nto be transferred to anyone else's name without her written approval.

When a flat is owned jointly by purchase from a builder or original seller, we normally put a condition that states that any one of the owners cannot transfer their shares without the permission of other owners. If such a condition is there in the purchase agrement when you father an dmother bought the flat it will also help you.

If the flat is only in your father's name as per the agreement, then he can transfer it to anyone he wishes by following proper procedure and paying stamp duty and registering the agreement unless it can be proven that he is not capable of making a contract.

Also if the property is ancestral then the legal heirs have a right in the property and so your father cannot sell it alone.

S Jadhav

shikha (Executive-Finance)     15 October 2012

sir, my father in law has been expired in 2001 without a will.He had a house in his name.he has surviving wife,2 surviving sons and 1 widow daughter in law(myself) .I am also having a minor daughter.My brother in laws also have 1-1 son each.i live away from from my inlaws but i have locked the portion which was in my possession while i was residing with them.Now they want to settle my share.in such a case what will i get 1/3 share in houes or 1/4 share in house.What type of areement shall be made.Kindly help me out?

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