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Posts Tagged ‘property transfer’

Question asked from Mr. Raja from Chennai, India:
Hi Sir, Me and My friend planning to buy a land in Chennai. There are two lands we found to suite us. The actual land size is 30*65(say plot numb 19 and 20) each. We both need only 20*65 based on our budget. So we decided to buy plot numb 19( 30*65) and 10*65 from plot numb 20. So totally it will come 40*65 and we can share it. But the problem is in the document actual size is mentioned as 40*60 for both the lands. In the CMDA layout plan it is mentioned as 30*65. Actual land measurement is also 30*65. Only in the document it is differ. Will it be a problem for us? Please guide on this and let us know if you need more clarification.

Thanks
Raja

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Question asked from Mr. Harsh Singh, India:
My father died in January’2010 without any will. We are 3 brothers (all married, I am a son), 4 sisters (2-unmarried, all aged above 40) and mother. Father had two houses in two different states. Our family is residing in one house. There are two issues: (i) Mother and my two elder brothers do not want to share property with me and sisters. They also plan to dis-locate two un-married sisters from my father’s house. In this situation: what are our legal options? What are the steps we should take to ensure that our property is safe and sisters are not evicted from there? (ii) The second house is vacant for last 6-7 years. The eldest brother plans to move into that house and occupy it without any-body’s consent. What steps we must take to stop this?

Thanks
Harsh Singh

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Question asked from Mr. Kirtikumar Parekh from Mumbai, India:
Dear Mam, We are holding a flat in Mumbai in co-operative society from: 1992 on allotment basis: Developers have made agreement with us & also co-operative society has issued share certificates in favor of us. i.e.: on allotment basis. So now reply whether it requires making dastavej in favor of us from developer or we can directly sale it to other parties while making dastavej in favor of party? Please reply me soon.

Thanks
Kirtikumar Parekh

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Question asked from Mr. Saravanan from Bangalore, India:
There is a property in Bangalore which is on my mother’s name, and is mortgaged. I am paying the EMI to the bank. My mother wants to gift the property to me through a gift deed. What are the formalities, documentation, cost and procedure to complete the registered transfer through a gift deed?

Thanks
Saravanan

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Question asked from Ms. Partiben from India:
We are 6 siblings, My aunt has gifted herself acquired property to me through a registered and unconditional Gift Deed 10 years ago in which 2 of my sisters are witness. I have not got the khatas transferred to my name as yet nor am I living in the gifted property. Now my aunt has threatened that she will cancel the Gift Deed unless I pay a certain sum to my other brother and sisters. Please advise how I can defend this Gift without obliging my aunt or other siblings.

Thanks
Partiben

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Question asked from Ms. Aarti Prajapati from India:
Respected Madam, we have a flat in a cheap society having neither NA nor NOC. Association/management asks for Rs.15000 on a transfer of a flat. Flats are sold on notarized stamp paper without any registration. How can we avoid the Rs.15000 and still can transfer/sell our flat to someone?

Thanks
Aarti Prajapati

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Question asked from Mr. Hiten from Mumbai, India:
Hello, I am staying in Cooperative Housing Society in Mumbai. We had purchased two flats namely flat number 101 and 102 during year 1982. One of the flat was purchased in name of my father and other in favour of my uncle. Being joint family, we removed the common wall and made single flat instead of two. The both flats were alloted one open car paking space at the time of purchase from builder. Thus, we have two car parking space in a total. Before few years we bought another two flats namely flat number 301 and 302 in very same building but without car parking. After mutual understanding, we had transfered the flat number 102 in favour of my uncle by way of gift deed. But, no where on gift deed it is specified that parking has been transfered in favour of my uncle along with flat. In such a case, how can I claim our right for car paking space ? Can I simply take declaration from my uncle on plain paper that he has no objection if society is willing to transfer parking space to us or do we need to make any agreement on stamp paper ?
I look forward to receive your quick response.
Thanking you.
Hiten

Thanks
Hiten

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Question asked from Ahmed Pasha from USA:
My mother has gifted her apartment to 3 out of 4 siblings in her hand written WILL. All three of us reside abroad. She passed away last year. What would be the procedure to get this property transferred in our names? Is our presence required in India to do this transaction?

Thanks
Ahmed Pasha

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Question asked from Mr. Arjun, India:
Dear Mam, I am Arjun and my query is that my parents want to transfer property (land with factory, self earned) to me. What is the best possible way to get registered in my name? Will I be taxed?

Thanks
Arjun

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Question asked from Mr. Pratap from Bangalore, India:
I have a house in Yelahanka, Bangalore which was on my sister’s name and now has been given to me through a gift deed. The land is cmc land. The house khata has been transferred on my name, however due to akarma sakrama, we are not able to transfer the land khata as yet on my name. I am planning to construct a 1st floor and would need house loan for the same. as the land khata is not yet on my name, would it be a problem? I have approached a couple of banks but they declined due to this reason. Is there any way to get a house loan to proceed with the 1st floor construction? Kindly advice.

Thanks
Pratap

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