Results for #ownership
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.
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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...
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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
#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.
Legal
#pune#ownership#property
My husband and his brother bought a house in Pune. MY husband, his brother and I live there. My husband and I are planning to move out of India for a period of 5-10 years. My husband and his brother pay 50% each of the emi and will continue to do so even after we move out. will there be any legal issue regarding the ownership about this property in the future?
My husband and his brother bought a house in Pune. MY husband, his brother and I live there. My husband and I are planning to move out of India for a period of 5-10 years. My husband and his brother pay 50% each of the emi and will continue to do so even after we move out. will there be any legal issue regarding the ownership about this property in the future?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No, the status of the property does not change merely because you plan to go abroad for few years.
Taxes & Duties
#flat#mumbai#selling#pune#avoid
We wish to buy a flat in Mumbai after selling our flat in Pune. The flat in Pune is in my mother's name, we want to avoid capital gains, so is it advisable for my mother and father to have a joint ownership? Also, if this happens will it impact the exmeption claimed by my mother on the property?
We wish to buy a flat in Mumbai after selling our flat in Pune. The flat in Pune is in my mother's name, we want to avoid capital gains, so is it advisable for my mother and father to have a joint ownership? Also, if this happens will it impact the exmeption claimed by my mother on the property?
Answered on November 08, 2017
Since the Pune Flat is owned by your mother, capital gains will arise to your mother. By investing in another residential flat exemption u/s. 54 of the Income Tax Act can be claimed upto a value of subsequent purchase.
Further the Mumbai flat can be purchased in joint ownership of your mother and father. Joint ownership will not have any impact on exemption that will be available to your mothe... (View more)
Further the Mumbai flat can be purchased in joint ownership of your mother and father. Joint ownership will not have any impact on exemption that will be available to your mothe... (View more)
Legal
#property#bangalore#documents#ownership#valid
I have purchased a property in Bangalore in 2006 & have all the legal documents in my name. Suddenly BDA people wants to fence my property without any prior notice. I wanted to know that how can I confirm the legal ownership? Can I take stay order and how long will this be valid? I am not aware of the legal proceedings and so I do not know if I am in safe hands.
I have purchased a property in Bangalore in 2006 & have all the legal documents in my name. Suddenly BDA people wants to fence my property without any prior notice. I wanted to know that how can I confirm the legal ownership? Can I take stay order and how long will this be valid? I am not aware of the legal proceedings and so I do not know if I am in safe hands.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file a suit or writ petition against BDA from interfering with your possession of the property and to restrain them from taking over the possession of the property without following due process of law or in the alternative you can file a suit on the basis of your title before the civil court in Bangalore.
Legal
#property#transferred#single#ownership#divided
I want to know if I can split a property that was split between four people then transferred to a single ownership. This is a property that was owned by my father and then divided between us four brothers as a settlement deed, we built one floor for each brother and then through a way of settlement between the brothers I got the property to myself, now I want to split it between my wife and two adult children. Is this partition deed possible?
I want to know if I can split a property that was split between four people then transferred to a single ownership. This is a property that was owned by my father and then divided between us four brothers as a settlement deed, we built one floor for each brother and then through a way of settlement between the brothers I got the property to myself, now I want to split it between my wife and two adult children. Is this partition deed possible?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, you can partition the property as the same has already been transferred to your name fully.
Legal
#land#divided#ownership#transferred
We are 5 siblings - 2 brothers and 3 sisters, out of which 2 sisters have passed away. The younger brother has sold a piece of land without the older brother's consent. The older brother got a stay on the sale from the court. The brother and younger brother want to settle with the older brother, but want that the proceeds from the sale be divided between the 5 siblings. My question is, in the case of the 2 sisters who have passed away, can the ownership of the land be transferred to the children of the sisters?
We are 5 siblings - 2 brothers and 3 sisters, out of which 2 sisters have passed away. The younger brother has sold a piece of land without the older brother's consent. The older brother got a stay on the sale from the court. The brother and younger brother want to settle with the older brother, but want that the proceeds from the sale be divided between the 5 siblings. My question is, in the case of the 2 sisters who have passed away, can the ownership of the land be transferred to the children of the sisters?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, of the two deceased sisters had a share in the property, then their heirs would also be entitled to their share therein.
Legal
#attorney#flat#ownership
If I give power of attorney of my flat to somebody then if I die will the ownership of my flat go to my wife or to the person who has the power of attorney of my flat?
If I give power of attorney of my flat to somebody then if I die will the ownership of my flat go to my wife or to the person who has the power of attorney of my flat?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
A power of attorney executed without consideration becomes redundant on the death of grantor and the flat would belong to the legal heirs of the party in the event of his/her having died intestate.
Legal
#probate#flat#transferred#property#registrar
There was a probate from the Bombay high court that stated that my father's flat should be transferred to the trust that he has named. But this was not claimed and the property was transferred in my name as I am the only daughter of my late father and the trustee of the trust. I appealed to the deputy registrar to get this transferred in the name of the trust and it was passed as well. But the Man. committee is still not allowing this so I am holding the ownership being the trustee of the trust, is this allowed?
There was a probate from the Bombay high court that stated that my father's flat should be transferred to the trust that he has named. But this was not claimed and the property was transferred in my name as I am the only daughter of my late father and the trustee of the trust. I appealed to the deputy registrar to get this transferred in the name of the trust and it was passed as well. But the Man. committee is still not allowing this so I am holding the ownership being the trustee of the trust, is this allowed?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague and doesnt add up.
