Respected Experts,
I am in desperate need of your help on following situation
My friend Mrs. BH (foreigner from USA) use to visit India frequently, she decided to buy a flat in Bangalore from m/s APLD in 1995, due to the govt rule that foreigner cannot hold property in India, Mrs. BH asker her friend Mr. YC (NRI) to book the property on her behalf and paid the full amount towards it. Mr YC use to get all the correspondence from m/s APLD regarding the apartment updates and payment which he use to forward to Mrs. BH. Basically Mr. YC acted as a messenger for Mrs. BH for getting the property.
In 2000 when the construction was completed Mrs. BH occupied the property for 2months and Left India and unfortunately Neither Mrs. BH nor Mr. YC did the property registration.
when Mrs. BH asked Mr. YC about registering the property, he never took it seriously and one fine day he has written on the paper declaring with his signature that flat in Bangalore was owned by Mrs. BH for which she paid and he is just holding the flat on trust.
In 2006 M/s APLD builders terminated their services and closed their operations, they are no more approachable and does not exist.
Sadly In 2010 Mr. YC died due to heart attack and left a general will for his son and daughter. His will does not say anything specific about the property of Mrs. BH.
In the year 2012 Mrs BH visited India(mumbai) (she never visited India in last 12 years) and was in need of money for her new venture. She remembered that she had a flat in bangalore and wanted to sell it to make some money. She tried to enquire about the property which she left almost 12 years ago and came to know that the property is safe and exists. and also she was surprised to know that on the name plate near the door Mr.YC name was their(later came to know that name plate was installed by M/s APLD in 2004).
proof of purchase:
Mrs BH has following documents as proof of purchase.
1. agreement documents for construction flat
2. copies of all bank cheque sent to Mr YC for the payment of property instalments.
3. copy of IPI - 7 document submitted to RBI.
4. hand written letter by Mr. YC stating property belongs Mrs. BH
Current situation:
1. As per the records of the society of that property, the Owner for that flat is Mrs BH
2. On the name plate near door Mr. YC name is their
3. On electricity bill of that apartment M/s APLD (builder) name is their
This property has never been registered and the builder does not exist. what to do in case to get this property registered or if Mrs. BH want to tranfer the property what she needs to do.
hanks
