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Procedure to cancel or revoke an affidavit
17-Jan-2023 (In Property Law)
I would like ask if my father was died feb 20166 and our flat registered in name of my father and nominee is my mother after few days my mother made affidavit on name of my youger brother and my mother. My name was mentioined in nominee only and in hurry by mistakely signed affidavit paper and my mother trying to submit to society. any chance for revoke or cancellation for affidavit I have alredy informed to society there is dispute among our family. Please suggest or advice . affidavit made befor two days.
First of all, its not cleared in ur query wht affidavit made ..if it is for transfer of flat ..then flat does not get transfered by way of flat ...secondly ..nominees do not become owner of flat ..they r just holding flat as trustee for beneficiaries...if ur father has made will..den flat vl go according to the provision made in will..if no will ..den all legal heirs hv equl right in the flat.u can submit ur application cum affidavit to society ..stating all the facts including abt previous document by mistake signed as alleged by you .u can aply for probate if will nd letter of administration if der is no will for estate of ur father to hc.
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Adv. Dipika Jigar Panchmatia
Mumbai | 25+ Answers
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What objection do u you have in that affidavit? Whether the content of affidavit are violating any of your legal rights? Society chairman may asked for any necessary point of law in it only if it required.
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Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
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Your query is related to succession of immovable property. It has two dimensions. First involving general succession as per personal law applicable to your father and second involves Co-operative Societies Act applicable to property i.e.flat premises. After going to the contents of the affidavit, it can be gathered as to what would be the effect of this document on your rights to said property. For the time being you have registered your objections to Society. That is a good move by you. This matter has two fronts to deal with as I mentioned above.
The above points will hopefully make you understand better about your position and prospective legal steps in the matter.
The above points will hopefully make you understand better about your position and prospective legal steps in the matter.
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