Transfer of name in residential property from single owner to joint name.
Shweta
(Querist) 05 May 2017
This query is : Resolved
Hi, We have a residential property in which on ground floor our Chacha ji (he was never married) used to live and on Ist floor my laws and family of my brother in law lives.
After chacha ji passed away couple of years back, legal heir was my father in law who is his only sibling. Now my brother in law and bhabhi got a will prepared stating that chacha ji has gifted entire property to my bhabhi while he was in his last days and got his thumb impression on the prepared will. They also took into confidence my in-laws giving them verbal insurance that first let the entire property get transferred on the name of bhabhi and than they can transfer half of the property on my in-laws name. And so they got NOC signed from my father in law. The case is in court at present.
My husband and I both are working and have not been staying with our in-laws. They visit us in between. Since both of us are earning good we were never bothered about residential property thinking whatever in-laws would do we would rightfully accept it.
Now recently we got to know from our sister-in laws who lives close to our in-laws that my brother-in-law is fighting my in-laws and telling them "shukar manaoo ki mere biwi tumhara kar rahey hai, aur koi karega bhi nahin" making them realize that they completely dependent on them, even though my father-in-law get a good pension.
While the case is still going on in court
we are very apprehensive that my brother-in-law and his wife may not give my in-laws their share in residential property.
Is there anything which can done on papers legally at this stage to ensure that my in laws get their 50% of share. We believe that verbal commitment may not just suffice once everything is on my bhabhi's name. Is it too late to take any action against them? We also don't want the property to get locked as disputed property.
One of the piece of advice we got is that my Father-in-law does a case against his children that they are bothering him for property and we as family do an out of court settlement and get court stamped on the decision that 50% will remain with in-laws and 50% with brother-in-law.
Our main purpose is to have some proof which can be used to challenge them in case my brother-in-law and his wife create problem in transferring 50% property. Also down the line my in-laws do not have to run after court to get their 50% especially considering their age which is in 80`s.
Looking forward to advice on this situation.
Kumar Doab
(Expert) 05 May 2017
One Perspective to claim and prove: The WILL is not signed by free will of testator and was under coercion, intimidation ...
One Perspective to claim and prove: NOC was under coercion, intimidation ....
Kumar Doab
(Expert) 05 May 2017
Father can lodge complaint if he is troubled by children.
Rajendra K Goyal
(Expert) 05 May 2017
Full case file need to be referred, discuss with local lawyer and proceed accordingly.
Shweta
(Querist) 05 May 2017
Thanks Kumar!! for your advice. One thing want to point out is that my bhabhi and father-in-law has been given a date in court 3 weeks from now wherein he is expected to state that he has no issues in handing over entire property on the name of
bhabhi.
Given this situation what steps/options listed below would help in resolving this situation earliest:-
1. My Father-in-law ask court to think over his decision for some more time or says that he would rather want to have it on joint name instead only on name of bhabhi.
2. Father-in-law lodging a complaint against his children.
3. Claiming and proving: NOC/Will was under coercion, intimidation.
4. Father-in-law lodging a complaint against his children.Doing out-of-court settlement and have it stamped from court that 50% would go towards in-laws and another 50% on bhabhi's name.
My In-laws are staying in that property for >30 years and my brother in law family for >10 years.
Appreciate your piece of advice!!
Kumar Doab
(Expert) 05 May 2017
Your father has signed the NOC.
Case has been filed.
Your own senior and very able counsel at your own location, of unshakable repute and integrity that has examined the whole case file and inputs from father, can advise you the best.
Shweta
(Querist) 06 May 2017
Thank you Mr. Kumar and Ms. Usha. We are in process of doing same.
Kumar Doab
(Expert) 06 May 2017
The stand, statement of father before court matters.
The father is aged 80+ as per your posts.
You seem to be inclined to hasten up, still Obtain 2nd and even 3rd opinion from a senior and very able counsel at your own location, of unshakable repute and integrity, so that you don’t err.
