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Author Topic: Will based property  (Read 686 times)

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Offline prashantkrpandey

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Will based property
« on: July 29, 2014, 06:36:20 AM »

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

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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
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