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My father changed his mind in the end of his life, asked me to get papers made, during the first lockdown. A will was signed after doc visit in the morning, died in the night. Society still hasn't transferred, after 20 months. Who do I approach? Can registrar do anything? Help!
Hello,
As per the latest supreme court guidelines to get the property transferred unto the name of the beneficiary of the deceased you have to get the probate from the high court since there is a WILL involved in your case. To obtain a probate it will easily take 6months of time where once you get the probate on the basis of that society shall transfer the flat to the beneficiary.
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I am purchasing property which is in name of two people (Husband and wife). Husband died leaving behind 4 children and wife. Now we are entering into flat sale agreement with wife and 4 children party to it and confirming the full consideration will go to his mother. Is it a right way to do??.
Hello,
Ideally if the wife is doing the transaction on behalf of everyone to have a proper title of the property you should make sure a release deed, is executed where the 4 children will release their share in 50% of fathers property unto their mothers name. Once she is the 100% owner she can execute a sale deed.
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Does a married daughter have any rights on her father's property? My father was died before 2005 my mother is alive,still now there is no any partition deed or anything has not been done Please let me know
Hello,
If you father was the owner of the property, and if the property is self owned your fathers sister will be termed as class 2 legal heir they will not be having the first right, but you and your mother will be having first rights in the property they cannot object anything.
The best is to execute a release deed and get it transferred.
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My inherited flat is occupied by some relatives since long time because I was living overseas. Some other relative was paying bills for them as occupants are jobless. Now I have come back to India and started paying the charges in hope that they would give back possession. But they are not, so I stopped paying the Society maintenance charges and they also are not paying. So what happens now? Bill is in my name and charges not being paid by them. What can I do to get them out or pay the bills.
Hello,
You have to approach the court and file for an eviction suit which will help you in vacating them from the property which will not only secure your property but also you can break the chain of adverse possession if they are planning to do so, though bills and maintenance alis coming under your name so at least you are secured.
File for an eviction suit, and criminal trespass and cheating case against them.
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Hi, Due to some unavoidable reason, me and my friend are planning to buy a property which is going to be registered in my name. However, I will be giving a irrevocable power of attorney soon after so he can take all decisions regarding sale / rent etc. I do not want any rights per se. While our relation is absolutely great, but we want to take legal precaution if there is some dispute comes between us. Hence my question is : 1. Is getting an irrevocable power of attorney full proof? Can it be challenged later? 2. Is it possible to do a gift deed instead of POA? But I suppose some taxation issue will come in gift deed registration? What is the best way to make sure that even in future if disputes come, this transaction is full proof? thx
Hello,
First and foremost important thing how is he going to pay money towards the purchase of the property, if he is transferring it to the sellers account he has to be a part of the agreement as it will attract income tax liability on him in future. If you want to do a gift deed it will attract stamp duty, to secure each of yourself in future make agreements in both of your name and he can give you a specific poa to manage the affairs of the property only.
An mou also can be made between both of you in regards to the property which has to be registered ut that does not stand strong ground of proof.
Hence it is better to make both of you as a parties to the agreement.
Thank you
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We have completed 4 years of marriage but we are not happy in relationship. We both are agree on divorce. Please suggest what needs to be done in such case.
Hello,
If you both have agreed for a divorce the best and the quickest simple way is to file for a divorce under mutual consent divorce where within a period 8-9months husband and wife will be legally separated from each other.
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I am nominated Member Co op Hsg Society in Mumbai. By religion we are Hindu.I was nominated by my in-law, now I want to transfer the flat to my husband as legal heir of my in-laws, as there's no will, I want succession certificate for my husband at earliest,can anyone help me
Hello,
The minimum time requirement to obtain a succession certificate from the court will be easily around 6-8months (court working days).
There couple of documents required along with the NOC of the other legal heirs which will help you in the procedures.
As per supreme court guidelines you have to obtain a probate/succession certificate/ letter of administration/ legal heirship certificate to get the movable and immovable property transferred under the beneficiary’s name.
Thank you
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I have been cheated by a company in Navi Mumbai company called MAHALAND owners name is Mr Rathode they have taken 4 lacs of rupees from me as I purchased two guntas of land in Navi mumbai after doing 100 percent payment their director after using my money for one and a half year tells me the land I purchaed for 2 lacs per gunta is 6 lacs so pay 4 lacs more each for each gunta only then she will do my registration Earlier till i made my 4lacs payment so said she will do my agreement and registration immeadiately . Now they are neither returning my money back nor doing my registration by cheating me they have blocked my phone call even their staff is programmed to behave like that and they are not giving me my land either
Hello,
The best and quickest possible ways will be to file a police complaint, and make sure an FIR is registered against them, which will help
In proceeding ahead with the case, its a pure cheating case
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What if I can't be available at first summoned date at family court due to sickness?? What os the procedure for requesting judge for not able to appear and what's the judge response?
If your reason is genuine enough and you have a valid proof you can tel your lawyer to submit your medical report and ask for permanent injunction from appearing in the court if your medical ground is very serious. Your lawyer can always do the needful.
Thank you
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I was staying in US with my husband around' 5 years and had lots up and down in the relationship with my husband and had vry bad times seen also now I am back to India with my daughter thought wil go bck to US but husband says he don't want me and also daughter to come there and he wanted to stay alone as his wish how can I face this further pls do help me not knowing the way wht to do but s stil need to face what comes
The best and the quickest possible way is to file a criminal complaint against him and you can also make sure once the FIR is being registered the same can be addressed to the embassy as well along with the residential address of your husband who is been staying abroad, through embassy police will do further investigation.
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