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Pakil   31 August 2016

Sra apartment - andheri

Dear All, We have got the posession of our apartment thru the SRA scheme in the year 2001 , and have been living in the apartment since  2001, we have the registration document and the annexure which states my father's name on it. recently we have some elements in our area who have been advising us that there is some issue in allotment of the apartment in my father's name . and the documents in the SRA actually says it has been alloted to somebody else's name. we feel that some people may be trying to take advantage of my father's old age. and may be they must have done  some registration fraud in the apartment.

What are my options and what should i do please help ?



Learning

 7 Replies

G.L.N. Prasad (Retired employee.)     31 August 2016

Please ask your father to inform facts to you, and wait to cross the bridge when it comes.  You can not do anything now and wait for some step against your father by such authorities.

P. Venu (Advocate)     31 August 2016

It appears that 'some people' are not really stranagers! But you are unwilling to make full disclosure of the facts.

Pakil   31 August 2016

Sir - You are 100% correct this "some people" are the rowdy's of the locality  and have known us for long , as they are aware I am the only son and currently outside India , and my father is old ..for which they are trying to take adavantage ..

My question is how do I find out if they forgedly registered the property (apartment) in somebody's name without our knowledge.

G.L.N. Prasad (Retired employee.)     31 August 2016

You can ask any of your friend or relative to apply for EC of the property from date of your registration upto date.  If they have used any unscrupulous methods that must be reflected in EC, basing on which a police complaint can be made immediately.  Remember possession is always important, and as long as your father occupies the property, there is no chance of dispossessing you with any fake documents.  

Kumar Doab (FIN)     31 August 2016

Inquire yourself.

Try RTI route.

Let your able counsel inquire and tender proper legal opinion.

Your father can dispose it in say; your favor by his sweet will by valid WILL (preferably registered and medical condition of your father verified by specialist doctor) or say; Gift.

 

 

 

 

G.L.N. Prasad (Retired employee.)     31 August 2016

Obtaining EC itself clears the clouds.  RTI route is not necessary for EC.  If the latest tax paid receipts are in the name of your father, there is nothing to suspect a foul play as of now.  You may take precautions as suggested in earlier posts by experts.

When you are the only son and apparent legal heir, in my opinion you need not spend amounts for getting a gift deed.

A valid will and due Registration is necessary in all cases.

Kumar Doab (FIN)     31 August 2016

In case of WILL: probate is mandatory in presidential towns.

If WILL is contested, probate may be required.

The cost involved in case of probate may be inquired by you on your own.

WILL is certainly a good route.

Charges for Gift deed in blood relation in many states is negligible.

Valid gift deed can transfer ownership with immediate effect.

Payment of tax may not confer title.

You have doubts and may certainly clear your doubts.

Your own counsel can help you further.

You can check all options and choose that is most suitable to you.

 

 


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