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Author Topic: Please help me. I need some legal advice and guidance  (Read 433 times)

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Offline Atmanvora

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Please help me. I need some legal advice and guidance
« on: February 21, 2018, 10:12:05 AM »
My father has 2 wives.
His first wife (My Step Mother)  expired and has one son and one daughter (which from now I'll state as Step Brother
and Step Sister)
My step sister got married and after my stepom expired, my father and my step brother bought a property(Said Property) .
Then, my father LEGALLY married my mother in 1990 and I'm the only son.
After that, in 1997, my father gifted his share of the flat to my mother. So the share certificate of the Society was in name of my mother and my step brother.
After that, my step brother got married and he lives independently with his wife in his self owned property and I was staying in the said property with my parents.
In 2009, the building went under redevelopment. The new agreement with builder was made in name of my mother and step brother .
In 2011, my step brother made a GIFT DEED giving up all his rights to title which is REGISTERED.
In 2013, we got the possession  of the said flat and the society issued the Share Certificate in SINGLE NAME/SINGLE OWNER of my mother.
In 2015, my mother and father both expired in a period of 2 weeks due to chronic illness.
My mother has nominated me(100%) in the said flat. She also left A WILL in which she gives the flat to me but it is NOT PROBATE[\b]
So the society transferred the share certificate in my name. Thoughy step brother and sister were against it and threw tantrums in the society, the society transferred the share certificate in my name as per nomination.
Now I want to sell the flat.
I have made a public notice and NO CLAIMS were received.
I know that the legal heirs of my mother are me and my father only. But since they both expired in span of two weeks, so the only living legal hier is me. So now how can I be the owner of the property. (As I have only rights of nomination and not the selling rights) 

Offline advjaibansal

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Re: Please help me. I need some legal advice and guidance
« Reply #1 on: February 21, 2018, 05:43:15 PM »
Dear Sir,

Please sell the flat without any public notice or something. Legally, you are the absolute owner of the flat for the reasons that 100% share of the property is now in your favour. You don't have to take any permission or no objection or go for any publication. Without giving any notice to anyone, you can sell the property to anyone.

Regards.
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Atmanvora

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Re: Please help me. I need some legal advice and guidance
« Reply #2 on: February 22, 2018, 05:59:21 AM »
Thank you so much for your reply sir.
I live in Mumbai.
I had a buyer who was a bank manager. He said I just have the nomination rights of the property and not the ownership rights. So while Appling loan in a bank, the bank will reject the loan application made to buy the said property, since I'm just a nominee.
As I said earlier, that my mother made a will which Is not probated.
They are asking me to get a succession certificate or else Will Probate.
That's why I made a public notice! The advocate through whom I made the public notice told me that now I'll be able to conclude the sale of the property since he gave the certificate. Is this what law states?
Or is it necessary for Me to get the Will Probade or Succession Certificate?

Offline kalaskarkk

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Re: Please help me. I need some legal advice and guidance
« Reply #3 on: February 25, 2018, 10:57:47 PM »
Dear Sir,

Be brief so that legal experts can answer your question very easily without consuming more time.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

Offline Atmanvora

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Re: Please help me. I need some legal advice and guidance
« Reply #4 on: February 26, 2018, 05:29:08 AM »
Actually I purposely wrote every points in details to avoid misunderstandings.
I want to know what I should do Cuz I have no idea and that's why I'm here for help
I'm sorry for lengthening it a bit but it was just to make each details clear.

Offline advjaibansal

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Re: Please help me. I need some legal advice and guidance
« Reply #5 on: March 12, 2018, 10:45:59 PM »
But after nomination the society has not transferred the property in your name as you have stated. Hence you are the owner as I understand and not a nominee anymore.

regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

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