Advocate Rajat Bindal

Questions Answered by Advocate Rajat Bindal

Q: How to transfer joint property to single name ?

Hi, I own a flat in Noida which is registered in my and my wife's name. I am the 1st applicant and my wife is the 2nd applicant. I want to transfer my share of property to my wife. how to transfer property from joint names to one name ?, Will gift deed or deed of relinquish be sufficient or any other modality. Further will it involve stamp duty fee

Advocate Rajat Bindal answered
The property can be transferred in the name of your wife by Gift deed. This need be compulsorily registered and attracts same stamp duty as in the case of sale deed. Another way is that you may execute a will in favour of your wife, but will takes effect only after the death of testator and during his lifetime he can change it too. Will should also be registered for safety.

Q: Property in my mother's name cam my son claim it?

My mom is the owner of all properties and my son is only one year old. And my wife is living with my son in her own family not in-laws family, means separate from me. Can my wife claim on my mom's property for my son? Will my son has any right to take my mom's property in future? If my mom gives gift all properties to anyone, So my son can claim on that property in future?

Advocate Rajat Bindal answered
If the property is purchased by your mother, your son cannot claim it during her lifetime or during your lifetime. Your mother can sell it, gift it or write a will in favor of anyone even to the stranger.

Q: Is NOC required from children for selling property?

Mere Daada ki death 2002 mai ho gai our mere PAPA ki death 2012 ho gai . ab mera CHACHA meri dadi milkar home ko sell kar rahe hai Jo Dada ke naam hai. Kya woh sell kar sakte hai hame bina bataye.??? Mein Delhi mai rehta hoo.. Our home Allahabad (up) mai hai.

Advocate Rajat Bindal answered
If the property is purchased by your grandfather, then after his death your grandmother, your father your chacha and bua, if any , became the owners of the property in equal share. The share of your father will devolve upon your mother and you. None can sell the entire property without your consent. But please immediately file a civil suit to resttrain them from doing so otherwise complication may devlope.

Q: Brother got property to himself through gift deed before fathers death

Father passed away 2 years back. Father was not mentally stable. My brother got father's self made property registered in his name through a registered gift deed. I never came to know about it and now my father is not there anymore. What action can i take against him? I was out of India for the past 2 years.

Advocate Rajat Bindal answered
If you can establish that father was not mentally stable at the time of execution of gift deed, it can be declared void. You should file a civil suit for declaration of gift deed as a void document. A mentally sick person cannot execute any document unless a gaurdian is appointed by the court.

Q: Sister's in laws torturing her and file false complaint of suicide

Sister was married 3 years. The in law are physically abusive. They hit sister and threw her out. Sister's husband is a government employee so he gave an application to police that we will file case of domestic violence. They are torturing our sister. sisters husband has filed a false application stating that sister is threatening to suicide but we feel that sister's life is at risk. What can we do?

Advocate Rajat Bindal answered
Immediately file a case of domestic violence, criminal case under section 498A and later we may proceed for divorce. Remove your sister immediately from the place to save her life. Don't worry what application they have given to police. It is magistrate who will take action.