grand mother in law want to snatch the flat who is not even nominee grand mother in law want to snatch the flat who is not even nominee

5 years ago

hello

my grand father in law before his death and during the period of illness legally transferred flat ownership from his name to my husband and my husband holding ownership of flat since last 18 years but now my grand mother in law (grand father in law's wife who is still alive) suddenly launched case against my husband claiming that she want flat under her ownership, also court decision is still pending and our society members painted grand mother in laws name on flat nameplate removing my husband name,
my grand mother in law didn't took any objection within a 6 month of ownership transfer to my husband and now after 18 years she woke up , case already going on with both grand mother in law and co-operative society ,

I want to know what will happen if grand mother in law dies.
and which next step my husband should take

Rajeev RJ

Responded 5 years ago

A.Since a lot of issues is there you have consult a lawyer by sharing the documents . My sincere opinion not to wait till grand mother die because there is chance she may create a will in favour of any other person.

regards

rajeev
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Anonymous

Replied 5 years ago

Sir,
but on share certificate only my husband's name is mentioned with all the necessary witness at the time of transferring property (two nurses, advocate, our neighbour , society members,) then after 18 years of possession how come anybody interfere in that, can you please make me understand what Indian law says in such situation.

want suggestion as this case matter is going on for long time.

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Rajeev RJ

Responded 5 years ago

A.stamp duty is different from municipal tax which is levied by municipality from the owner every year. Better you consult the entire issue with lawyer with all documents.

regards

Rajeev
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Anonymous

Replied 5 years ago

OK sir,

thanks a lot for guidance , one more thing i want to know that what will happen after grandmother in-law will die as she is 76 now, or what immediate step my husband should take after her death.

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Anonymous

Replied 5 years ago

sir, also want to tell you two more important things

1)Grandmother in law forcing society to generate new share certificate on her name and to cancel original share certificate which is documented with my husbands name.

2)Society peoples suddenly stopped giving maintenance invoice of flat which was earlier they were issuing on my husband name , and due to which all the payment is pending as nobody is paying maintenance amount for our flat, also my husband tried giving cheque to society but they did not accepted it
(today i came to know that municipal tax which you were talking about is paid by society on yearly basis on behalf of each flat owner which is collected monthly in the form of maintenance by society)

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Ambrose Leo

Responded 5 years ago

A.You have a complicated issue. You have to ensure after transfer of ownership other formalities have completed as required by Law & co-operative societies bye-law and entered in the records.For all the Issues better to consult a professional property lawyer on all aspects of issues and defend the case quickly.
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Anonymous

Replied 5 years ago

Dear sir,

all the legal formalities are already completed in the year of 2000 only thus my husband holding the ownership of flat for last 18 years, and now with the help of society members my grand mother in law filed a case against my husband claiming that she is the wife of earlier property owner (my late grandfather in law) and flat should be transferred to her name.

please guide

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NILANJAN CHATTERJEE

Responded 5 years ago

A.If your grandfather in law has got the transferable rights of the flat and how such flat has been transferred to your husband. If grandfather in law has transferred such property through gift deed then in that case produce such gift deed also check the original property deed and see in whose name it has been registered.
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Anonymous

Replied 5 years ago

Dear Sir,

late grandfather in law transferred ownership of flat on the basis of nomination and death will to my husband

also on the share certificate only my husbands name is mentioned and grandmother in law is not even nominee

all the original documents are now submitted to court for probate

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NILANJAN CHATTERJEE

Replied 5 years ago

Who has purchased the property. I.e whose name is incorporated in the sale deed as the owner.

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Anonymous

Replied 5 years ago

late grandfather in law purchased the property

earlier sale deed was on grandfather in law name as a owner and now sale deed is on my husbands name as a owner.

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Rajeev RJ

Responded 5 years ago

A.Please let me know how your grand father in law transferred his rights to your husband (if document is there please share the same).

whether husband transferred the ownership in his name in the society records.

on what basis your mother in law is claiming ownership in the flat.

Regards

rajeev
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Anonymous

Replied 5 years ago

Dear Sir,

1)grand father in law transferred his rights to my husband on the basis of nomination and his death will

2)my husband also transferred ownership in his name in the society records and was receiving maintenance receipt for last 15 years but suddenly society members stopped giving receipt , my husband saying that grand mother in law gave bribe to society to do so and also society members erased my husband name from nameplate and mention grand mother in law's name forcefully,
also society members are not attending court on heating dates.

3) grand mother in law is not even nominee in share certificate of flat only my husband name is mention as 100% owner but she claiming on the basis of that she is wife of late grand father in law and that's why she should get all his property

also she is trying to misguide the court with hiding the truth that my husband is holding the ownership of flat since year 2000.

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Anonymous

Replied 5 years ago

correcting point 2) "hearing dates' at the end of the para

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Rajeev RJ

Replied 5 years ago

thanks for the providing the details . On the basis of the will whether your husband has paid the municipal tax for the said flat.
Secondly any document showing ownership has been changed in society records. If both are there then you can easily win your case. Please ask your lawyer to issue a summons/warrant if society members don't appear on next hearing date. If you require any further please let me. know.


Regards

Rajeev

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Anonymous

Replied 5 years ago

Dear sir,

my husband has not paid tax to municipal as there is another provision for this and that is already completed in the form of paying stamp duty by grandfather in law at the time of purchasing the flat .

do my husband need to pay tax for the said flat after specific interval ?


society person who is interrupting now in the ownership for the sake of rapacity of money had only completed all the formalities of documents legally for changing the ownership of flat to my husband in the past.(flat maintenance receipt , flat light bill, Mahanagar Gas bill, etc. are all on my husband name only)

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Kishan Dutt Kalaskar

Responded 5 years ago

View All Answers
A.You have perfected your title by way of adverse possession
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Anonymous

Replied 5 years ago

Respected Sir,

Thanks for reply, can you please tell me what next strong step my husband (share certificate holder) should take to close the case ASAP as our lots of money is getting wasted in this process.

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Anonymous

Replied 5 years ago

What Is Adverse Possession?

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