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Author Topic: Property transfer documents paper not franked / not notarised / not registered  (Read 375 times)

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Offline helpintrouble

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Hi,
I stay with my parents, the same house we have been staying for more than 25 years.
25 years back the property was bought by us, but unfortunately registered in the name of my bhua, that is my father's sister,  as we were out of Mumbai city for some reasons, but they never stayed in here.
The same property than was transferred in the name jointly in my parents name on transfer form with 2 witnesses, the same is not registered either with mhada nor with the society.
The property is going under redevelopment now and my aunt says the flat belongs to them and they are not ready to transfer the same officially, as they claim that flat belongs to them, as they have the property documents and share certificate.
But all our documents like electric city bill , telephone bill and other documents has our address.
Is there a way out in this kind of situation, as the flat is under our possession.
My aunt is not ready for out of court settlement as of now.

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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The situation you have explained has became complicated. All are happened due to non registration of transfer. So now you have remedy only to file a civil suit against your aunt under the provision of Specific Relief Act and Benami Transaction. Documents which are in your name does not creates any ownership rather it creates a evidence that you are in possession.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline helpintrouble

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Thanks for the advice Mr. Sanyal, what kind of civil suit, will it help , I hav heard that it will be just putting money in legal cases.
Should I try pushing more for out of court settlement.
The problem is the possession of redeveloped flat will come by next year Jun, I will hav to forcibly vacant the flat, as the builder may hav objection on us occupying the flat .
As consent and agreement has signed by my aunt.
Please advice
Also suggest if any advocat in Mumbai region for same case .

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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Without filing civil suit and injunction order, your aunt will not come for compromise. It is better to go for consultation in details with me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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