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How to go about transfer of property
30-May-2023 (In Arbitration Law)
We (A and B both Hindu) friends were working in Pune Maharashtra in 1991 in one automobile company. Both purchased a plot in joint name. However 'A ' switched to another job to other city by taking amount of half share from 'B" of and told 'B" that he would complete other formalities later. He had given in writing on 10 rupees stamp paper that he has received his amount but the paper has not been registered. After 3-4 months he met an accident and died. He was bachelor and may be his brother and no parents. I tried to locates his relative but did not succeed. Now the question to 'B" is 1) how to remove his name from the revenue records of 7/12 of that plot 2) procedure for the same 3) which authorities should B approach. I would appreciate if you could guide on this matter.
No actually it was came by will right.? Here we want more details about that property without documents verification ..we con't give right answere..kindly contact any near your local advocate counsel they will guide you thank you.,
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Adv. Vedashree A
Bangalore | 500+ Answers
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Whether the GPA was issued by the grand son in whose name the codicil was executed by the land owner please verify the same. If the there is a term in the Will that the sold amount has to be equally distributed between the 2 grand sons means then you have to check whether it is given to him or as he filed any litigation for the same before any court. It seems it involves legal hurdle so consult an advocate with the property documents before proceeding for the same.
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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Hi,
As B is not alive and his legal heirs(brothers/sister/parents) are not tracable, then in that case:
1. First of all you will have to give advertisement in 2 local news paper, inviting claims of legal heirs of B. if no replies...
2. Talathi has no powers to strike any names from 7/12, you will have to approach local courts (Tahisaldar office-he acts as judge in this matters) to get his name removed from the records.
3. Once the order is passed, then you can show that order to talathi for removal of 'B' name from 7/12.
(this is a time consuming process, which may take around 6months to 1.5 years, but there is no other option)
Regards,
Expert Jurist LLP
As B is not alive and his legal heirs(brothers/sister/parents) are not tracable, then in that case:
1. First of all you will have to give advertisement in 2 local news paper, inviting claims of legal heirs of B. if no replies...
2. Talathi has no powers to strike any names from 7/12, you will have to approach local courts (Tahisaldar office-he acts as judge in this matters) to get his name removed from the records.
3. Once the order is passed, then you can show that order to talathi for removal of 'B' name from 7/12.
(this is a time consuming process, which may take around 6months to 1.5 years, but there is no other option)
Regards,
Expert Jurist LLP
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Adv. JV Bhosale
Mumbai | 400+ Answers
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Sir
You have mentioned that there is GPA executed by a son to his father. Here there is also a clause that the share will be divided equally. I hope they might divided.
( Can be clarified only after verification of the documents)
After the purchase the builder became the absolute owner. No builders do not have any legal obligation towards it. Because the sharing of the amount is of the matter of the WILL not of the purchase agreement. Profit sharing doesn't effect the rights of the builder. Sharing of the profit is of the internal arrangement of the seller and his brother. It will be concluded as per their WILL.
You have mentioned that there is GPA executed by a son to his father. Here there is also a clause that the share will be divided equally. I hope they might divided.
( Can be clarified only after verification of the documents)
After the purchase the builder became the absolute owner. No builders do not have any legal obligation towards it. Because the sharing of the amount is of the matter of the WILL not of the purchase agreement. Profit sharing doesn't effect the rights of the builder. Sharing of the profit is of the internal arrangement of the seller and his brother. It will be concluded as per their WILL.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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Kindly feel free to contact me in person for proper legal consultation I will definitely help you out where we can remove his name from the land records of the extract with the help of the death certificate.
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Adv. Ravi Jadhav
Pune | 25+ Answers
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