property
my mother and father were co-owners of a flat.
father expired.
my married sister now wants to grab the flat in convinnace of my mother.
they want me to sign an indemnity bond transferring all my rights in favor of my mother.
how do i protect my rights on the flat?? what should i do?
Tag Archives: India
Senior citizen widow denied claim to husband’s flat We live in Mumbai in a…
Senior citizen widow denied claim to husband’s flat
We live in Mumbai in a cooperative society. My father expired last year and per society rules had nominated my mother & three sons (including me). I live with my mother in the same flat whereas my two other brothers are married and live elsewhere. Now we have to transfer the flat on mother’s name and need to execute indemnity bond signed by all three brothers. However one brother is delaying and not signing. The society has sent repeated reminders to complete this. This is causing mental anguish to my mother who is a senior citizen as well as widow. Can she take action against this particular son who is unnecessarity creating hurdles? Or should we sell off this flat in which case should the proceeds go to the mother or divided equally between mother & three sons? Please advise.
Thanks & Regards
Max
Case
I am purchasing a flat of which owner has expired without creating a…
Case
I am purchasing a flat of which owner has expired without creating a succession will. His legal heirs (sons & daughter) have made the following documents for transferring the said flat on their name.
• According to bye laws no 35 of the co –op society Act all the legal heirs have jointly made the Affidavit (duly notarized) and to make an application for membership to be transfer of the said shares and interest of the said deceased member. Affidavit contains the name of all the legal heirs and this has been identified by Advocate. It has been sign by all the legal heirs and certified by advocate
• They have also put the public notice in two news papers (one in English & one in Regional) saying that owner of the flat has died without making any nomination and if there is any claims/ objections to be address to society with in fifteen days.
• There is also an indemnity bond (to be given where there is no nominations) duly notified.
• There is power of attorney given by the legal heirs to one of the heir to deal with all the matters like sale of the property etc.
• On the basis of above mention documents society has transferred the share certificate on the name of one of the legal heir (as per indemnity bond and power of attorney).
Concerns
I have discuss this case with your executive and she has asked for the following documents
1. Legal Heir Certificate
2. Relinquish deed
3. Ration card – Will be provided
Legal Heir Certificate – I have consulted with our own legal department and also with couple of lawyers, according to them it is not necessary to obtain Legal Heir Certificate when the above documents are in place and also Society has transfer the share certificate on the name of legal heir. It is also very difficult and time consuming affair to obtain Legal Heir Certificate. If still there is your concern that somebody will enforce the right on property, I am agreeing to take the undertaking for that concern.
Relinquish deed – When there is power of attorney in place for dealing with the property why there is need for the Relinquish deed.
Buying redeveloped tenants flat I intend to buy a tenants redeveloped flat…
Buying redeveloped tenants flat
I intend to buy a tenants redeveloped flat which was previously owned by MHADA and then taken over by building socy for redevelopment. The building is newly redeveloped now and some tenants have occupied. Since the owner does not have any document stating that the flat belongs to him, The old development agreement carries the owners name and his old flat no alsoon with share certs. The socy has agreed to issue a bonafide certificate saying the owner is the right member based on which the socy is asking me to proceed with purchase of the flat. Is this safe enough?. If not what precautionary documents should I get signed by the owner besides POA, Indemnity bond, sale deed. Since also the owner whose wife is no more, stays in Nashik and his Ration Card does not show his childrens name on it, since they have settled else where, is there a need to have NOC from all the children and their wives etc. The present flat is not registered since the socy says there is no need if its aredeveloped flat, is this correct. Can I buy this flat ? What precations should I take if you advise me to proceed
electricity and water connection i am tenant in chandigarh.
electricity and water connection
i am tenant in chandigarh.the landlady has filed rent eviction and recovery suit for electricityand water charges in civil court,chandigarh.the case is since pending for evidence.now,the landlady has stopped paying electricity and water bills and bribing electricity officials for dis- connection on account of non-payment.i immediately lodged complaint with chief engg,electricity ,chandigarh and police,chandigarh about the subjudice matter,pending in court.last year too,i approached consumer forum for separate electricity meter,but application was dismissed on account of landlord-tenant dispute and non-fixation of two meters on the same floor.can,i apply afresh connection on the basis of indemnity bond,if the landlord’s meter is disconnected.whether,i have to approach distt.courts,chandigarh for new meter as per malafide conduct of electricity and water officials.reply soon.