Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 9873628941

Author Topic: Will based property  (Read 751 times)

0 Members and 1 Guest are viewing this topic.

Offline prashantkrpandey

  • Newlaw
  • *
  • Posts: 1
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Will based property
« on: July 29, 2014, 06:36:20 AM »
Hello,

I am planning to buy a resale Army flat in Noida, built by Noida Authority in 90ís around(lease property).

Transfer of ownership is explained below:

1.   Mr. SC originally allotted(all original docs are available) in 1990
2.   Mr. SC sale to Mr. SK(all original docs are available) in 2002
3.   Mr. SK to Mrs. BK(all original docs are available) in 2003
4.   Mrs. BK died in 2007, she left 2 son and one daughter
5.   She wrote a Will(Registered in Noida Registrar office), and transfer the ownership of flat to her younger daughter in law Mrs. TK
6.   Mrs. TK is my seller
7.   Mrs. TK asked all legal heirs (her husband and other two) to give NOC with KYC
8.   With the NOC/KYC of all legal heirs, ownership was transferred from late Mrs. BK to Mrs. TK by AWHO
9.   She discussed this case with Noida Authority and she has been advised to hide the Will and asked to provide NOC/KYC of all legal heirs, affidavit from legal heirs and Indemnity Bond signed by Seller
10.   Based on above Noida Authority issued the Mutation document, and transferred the ownership from Late Mrs. BK to Mrs. TK
11.   Applied for Transfer Memorandum and Noida Authority issued TM from Mrs. TK  to my self
12.   Seeking for loan and applied in multiple banks
13.   Banks have objection on transfer of ownership, and most of them are denying because
a.   flat was NOT transferred through Will,
b.   No Gift or Relinquished Deed executed to Mrs. TK
c.   Will is not probated.
14.   Now I am able to get loan.

This case is kind of negligence by Authority they simply transferred based on NOC and affidavits, they donít enforce to go with Will/Probate or Gift/Relinquished Deed.

Now, I am looking for any solution ( TM already  on my name) which may help me.

Can anyone please suggest what I can do now to make myself SAFE?
One option in my mind which I have already told to my seller and she agreed that all Legal heirs(of late Mrs. BK and Mrs. TK) will be present in person and will sign on the Registry


Offline advsarmaroy

  • Veteran at Law
  • *****
  • Posts: 164
  • Karma: +2/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Will based property
« Reply #1 on: August 03, 2014, 07:28:01 PM »
when a property is registered in the name of a person legally and their is no matter pending in court than it hardly matters how the property was transferred.

the banks are unnecessarily making an issue.

do something send a legal Notice to the bank demanding explanation of the denial of the loan.

than file in court against the banks for loss that you will incur due to the loan not granted to you for purchase of the flat.

demand an equivalent amount of the price of the flat as compensation.

you have a case you persue it
Advocate Sarmaroy
Corporate lawyer / Real estate law expert

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) © 2000-2016
Get Free legal Advice here from top notch lawyers in India