Advocate Kiran N Murthy

Questions Answered by Advocate Kiran N Murthy

Q: NOC requirement for sale of property

Do I need to get an NOC from my children to sell a self acquired property registered in my spouce's name. I am Hindu

Advocate Kiran N Murthy answered
If your wife is alive and if it is her self acquired property you don't need to obtain a NOC from her children to sell the property. However, if she is not alive and if you wish to dispose off the property, then it is mandatory that her children give an NOC to you to sell the property on their behalf. You along with the children then become the legal heirs of your wife.

Q: Legal notice on Demand of amount Due

I received a legal notice from a company to send a demand draft of Rs-48k as I left the company. I have left the company in two days and it went as abscond. Later in the week, I have updated the same to the manager and HR. Now after 9 months I am receiving to pay a huge amount of money. what should be my approach towards it. Shall I need to pay for it? I didnt sign any bond also and HR at that time closed my ID. I didn't get any salary from the company.

Advocate Kiran N Murthy answered
If you have received the demand notice from the company, then it is wise to send a reply at once before they proceed to file a suit for recovery of the money together with other charges from you. This way you will be intimating them that you are not at fault and that the demand being made from you is illegal, even after this if the company were to file a suit for recovery, they would be doing so at their own risk and consequences thereof.

Q: Will the sale agreement not the sale deed will reflect in EC

Will the sale agreement (not the sale deed) will reflect in EC

Advocate Kiran N Murthy answered
If the sale agreement is unregistered, then it will not reflect in the E.C, But if the sale agreement is registered before the sub-registrar then it will reflect in the Encumbrance certificate as well. In any case the sale deed must be registered only then the sale transaction will be completed and accordingly the transaction will reflect in the E C. Hence if you want the sale agreement also to reflect in the EC insist for a registration.

Q: Legal Binding between Individual and Company

One of the Director in "Eterno Housing PVT LTD" as Part A . Another party as Part B Equal Shares : Part A (25%) and Part B (75%). Part A has Invested the money to Plot purchase with Part B and made an MOU CUM Agreement for only plot . We all planned to build a Multiple Dwelling Unit in 3000 sq ft Plot in Bangalore and Purchased a plot with 2 Individuals names . Now Part A and B decided to give Construction and flat unit sales to Eterno Housing PVT LTD. All the transaction must happen from Eterno and after the flat sales along with Taxation. Auditors are telling, Property title must be with Eterno name for selling lands to show the taxation but currently it's in name of Part B name. What is the legal binding document can be done?

Advocate Kiran N Murthy answered
Part A & B are the joint owners of the plot. Now if Eterno Housing (P) Ltd., wants to develop or enter into sale and construction with prospective buyers, it must own the plot. Both Part A & B are the directors of the company Eterno Housing (P) Ltd., they both can include their individual joint plot which they own currently into the Capital of the company. The Memorandum of Association can describe this contribution of property as their capital investment into the capital of the company. By doing this the company then becomes the absolute owner, and thus fulfills the mode prescribed by the auditors.

Q: I have purchased a property from builder now his son claiming it back

I have purchased a property of 835 sqft of G+4 floors now i have recieved a notice by the vendor's first wife son claiming their share in property. The property is already registered in my name and is under Bank Loan.

Advocate Kiran N Murthy answered
Did you take a legal opinion before proceeding to purchase the property, either individually or through the empanelled advocate with the bank. If both or either of them have given an opinion that you could proceed, then you have absolutely nothing to worry. In any case, the property has been registered in your name by the rightful owner and the property is currently in your physical possession. If your vendor legal heirs are claiming a share in the property, the vendor has to settle and clear the dispute that has arisen out of the said sale. You will be only a party to their claim, if they decide to go to court to stake their claim. If in any event the court decides to grant a share in favour of the first wife son, then your seller/vendor is liable to pay the amount equivalent to the share so determined by the court.