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5 years ago
Hi,
My mother has given me her property before her death and as a document proof, I have affidavit-notary (made by lawyer) but due to lack of lawyer's knowledge, the document was not registered in sub register/court office.
Can the same affidavit-notary document can be considered legal and given to our society(building committee members) and get the property transferred in my name ?
Please advise and thanks in advance ! :)
Deepak Yashwantrao Bade
Responded 5 years ago
A.Need to verify that documents with proper way.The document has to be in the nature of a will to transfer any right in a immovable property. Mere registration or non-registration of the document is not much relevant but how it is executed and contents of the document is relevant.there is hard to decide without verification of documents.discuss with property lawyer
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A.The document that you call as notary document might be a Power of Attorney. This is only an evidence but does not amount to either a valid power for transfer of property or such a direction/ will of the owner of property. So, your statement that ' your mother has given you the property before her death' will not hold as per Law.
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ROBERT D ROZARIO
Responded 5 years ago
A.What is the nature of this document which you are referring to.? A proper vetting of the document needs to be done before coming to any conclusion. Besides a question arises if there's any other surviving claimer who might have an interest in the property. A lot of aspects needs to be kept in the mind. You may approach any local lawyer through Vidhikarya.
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Nirmal Chopra
Responded 5 years ago
A.The document has to be in the nature of a will to transfer any right in a immovable property. Mere registration or non-registration of the document is not much relevant but how it is executed and contents of the document is relevant. .Unless I go through the contents of the document, it is not possible to express any opinion on legal value of the document. So it is advisable for you to seek proper legal opinion.you can approach me through Vidhikarya for proper legal opinion for which thorough reading of the document will be required.
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