Results for #owner
Legal
#property#death#owner#valid
i want to know if this will make sense in the current scenario. The will was made by the successor of the property after the death of the original owner. The rights are given to the successor's bother's son, but now the son has 5 brothers. Is this will valid?
i want to know if this will make sense in the current scenario. The will was made by the successor of the property after the death of the original owner. The rights are given to the successor's bother's son, but now the son has 5 brothers. Is this will valid?
| 
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, it wouldnt make much difference. All sons of the party in question could claim ownership on the basis of the terms of the Will. It would however depend on the terms contained in the Will and further, the Will will have to be probated from a Court of competent jurisdiction.
Legal
#transfer#inheritance#property#ownership#transferred
My father owned a property. He died two years ago, leaving behind are his wife and two daughters. The flat's ownership was never transferred to my mother's name. What happens to the property if my mother passes away? Also, please guide us on the procedure to transfer the property in my mother's name.
My father owned a property. He died two years ago, leaving behind are his wife and two daughters. The flat's ownership was never transferred to my mother's name. What happens to the property if my mother passes away? Also, please guide us on the procedure to transfer the property in my mother's name.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Depending on your religion, the share of your father in the property will belong to your mother and her two daughters equally (in case of Hindus) and if the same is to be trandferred in her sole name, then the two sisters will have to transfer their respective shares in the property to the mother by way of a registered document. If the mother expires, then the property comes to the share of the...
(View more)
Legal
#flat#delhi#builder#owner#construction
I purchased a new flat in Laxmi Nagar in Delhi about four years ago. The building has nine flats now, three on each floor. The builder has only sold three out of the nine flats. I have multiple questions. Is it legal for the 4th floor owner to expand the construction? Also, do this without he approval of the flat owners. All the flat has car parkings along with the flat but the building only has enough space to park four cars. Also, can the builder sell parking space legally?
I purchased a new flat in Laxmi Nagar in Delhi about four years ago. The building has nine flats now, three on each floor. The builder has only sold three out of the nine flats. I have multiple questions. Is it legal for the 4th floor owner to expand the construction? Also, do this without he approval of the flat owners. All the flat has car parkings along with the flat but the building only has enough space to park four cars. Also, can the builder sell parking space legally?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
As per the provisions of ownership of Flats Act and several judgments of the Supreme Court, the plans once sanctioned and disclosed to the flat purchasers, cannot be changed without their consent. Similarly, open car parking spaces cannot be sold by the developer and the same is a common aminity for enjoyment of all the flat purchaser.
Legal
#gift#documents#ownership#proof#property
My grand father had a plot, which he received as a gift and also has all the related documents required for ownership proof. How can we get this property as we aren't able to go to the location and what all documents do we require?
My grand father had a plot, which he received as a gift and also has all the related documents required for ownership proof. How can we get this property as we aren't able to go to the location and what all documents do we require?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The question is vague, if you have the title documents and do not have physical possession of the property and the same is with someone else, then you will have to file a civil suit for possession of the property on the basis of your title documents.
Legal
#property#nominees#grandmother#owners#nominee
We had a property in the name of my grandfather, he made three nominees to this property including my grandmother and his two sons. My grandfather passed away 3 years ago, does this make the nominees the owners of the property? Also, can we add a new nominee or share holder in the property? Can the nominees add new nominees to the property?
We had a property in the name of my grandfather, he made three nominees to this property including my grandmother and his two sons. My grandfather passed away 3 years ago, does this make the nominees the owners of the property? Also, can we add a new nominee or share holder in the property? Can the nominees add new nominees to the property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Nomination does not bestow ownership to property. Ownership to title of the property would be governed by the law of instestate succession depending on your religion.
Legal
#2bhk#flat#pune#possession#loan
We have recently purchased a 2BHK flat in Pune but we are yet to get possession of the flat. Me and my husband, we both are the co-bearers of the loan but we are not the co-owners of the flat. The builder has not yet prepared the sale deed of the flat but the registered agreement of the flat is with the bank. We wanted to know which is the most convenient way by which we can get me as a co-owner of the property before we get the possession of the flat so that we can claim tax benefits under Section 80 C.
We have recently purchased a 2BHK flat in Pune but we are yet to get possession of the flat. Me and my husband, we both are the co-bearers of the loan but we are not the co-owners of the flat. The builder has not yet prepared the sale deed of the flat but the registered agreement of the flat is with the bank. We wanted to know which is the most convenient way by which we can get me as a co-owner of the property before we get the possession of the flat so that we can claim tax benefits under Section 80 C.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can enter into a tripartite agreement with the developer inter alia in respect of the flat and which tripartite agreement could also be the sale deed which can be executed prior to the completion of the construction of the property or in the alternative an agreement can be made between the husband and wife whereunder the husband transfers a proportionate undivided interest in the flat in fa...
(View more)
Legal
#mumbai#flat#owner#loan#property
I am a 24 year old individual living in Mumbai. I want to buy a flat in Kharghar. The owner of this flat had taken a loan for this property and hasn't paid it off altogether. What will happen to that? Also the papers of the house would be with the bank, so how can I claim that? Are all the original documents required during the registration? And what all documents will I have to provide while buying the flat?
I am a 24 year old individual living in Mumbai. I want to buy a flat in Kharghar. The owner of this flat had taken a loan for this property and hasn't paid it off altogether. What will happen to that? Also the papers of the house would be with the bank, so how can I claim that? Are all the original documents required during the registration? And what all documents will I have to provide while buying the flat?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You will require an NOC ffrom the bank prior to buying such property. You can make payment of the balance dues of the bank from the agreed value of the flat to the Bank directly and thereupon you can also get the originals of the flat from the bank. The original documents of the Flat will not be required at the time of registration of your agreement/sale deed.
Legal
#bungalow#owner#doors#windows#park
Our colony has a 15 ft street and our bungalow lies in the end of the street. Now, the owner of the plot opposite to our street is building a bungalow. They get two sides of the road and are building doors and windows on both the sides. This is blocking our entrances and we are unable to park our cars at our garage next to the main gate as there is a drainage line and there is only 9 feet left. What can we do about this situation?
Our colony has a 15 ft street and our bungalow lies in the end of the street. Now, the owner of the plot opposite to our street is building a bungalow. They get two sides of the road and are building doors and windows on both the sides. This is blocking our entrances and we are unable to park our cars at our garage next to the main gate as there is a drainage line and there is only 9 feet left. What can we do about this situation?
Dhiren Shah,Advocate & Solicitor
291 Answered
This question has not been answered
Legal
#registration#property#registering#authority#owner
During the registration of a property, is it possible for an absolute GPA holder to appear before the registering authority on behalf of the original owner/allottee?
During the registration of a property, is it possible for an absolute GPA holder to appear before the registering authority on behalf of the original owner/allottee?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Depends on the power granted under the GPA. However, lately GPA are recognised by authorities only if it is executed in favour of blood relatives and not third parties.
Legal
#advisable#flat#ownership#citizen
Is it advisable to buy a flat on joint ownership for a senior citizen with his wife?
Is it advisable to buy a flat on joint ownership for a senior citizen with his wife?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, there is nothing wrong in acquiring property in such manner. However it would eventually depend on facts of each case i.e. who is paying for the flat, what is to happen of the flat post the death of the parties in whose favour it is to be bought etc.
