Affidavit
Amit
(Querist) 20 April 2014
This query is : Resolved
hello, I am Amit staying in the city of mumbai in one of its suburbs. Ours building is about 52 yrs old and is going for a Redevelopment. We stay in a pagadi system were the owners are the Trusties of our cast. The trusties have sold the said property which is around one Acre.Now there is a Tri party Agreement between the tenents, the trusties and the builder. After the redevelopment the trusties will have no control on us cause we will get our new homes on an ownership basis as per the Agreement made. now some one and a half year back the consent was sighned between the Tenents and the builder. At that time my father was alive and he made the sign on the consent letter for redevelopment. But latter he passed away and so after that since I was staying with him so I got NOC from my brother and two sisters and so the flat was than made on my name. Now just before redevelopment the builder is asking me to get another set of NOC and Indemnity bond from my legal heirs that is my sisters and my brother though the flat is in my name and was made on my name by giving the Affidavis and the NOC to the
Trusties. So is it neccessary for the builder to ask for the NOC of my legal heirs in that case when the flat is in my name.
2 - Can he ask another consent letter and get a sign in it just as my fathet have given him sign when he was alive.
ROHIT SHARMA
(Expert) 20 April 2014
Dear Mr Amit,
1. At that time when your father was alive he had signed on the consent letter for redevelopment. But latter as he passed away and since you were staying with him so you got NOC from your brother and two sisters and on basis of such documents ( affidavits) the allotment of the flat was then mutated in your name. This act is properly and legally done.
2. Noe since the redevelopment is yet to take place and the builder wants to satisfy himself that there would be no objections as such from the other legal heirs of your father he is desiring that you should get such documents required by him. In that; I do not see any reasons as to why you should not be able to do so. In the past they have given such N.O.C. and you may be retaining copies of such documents but this time the builder for to assuage the anxiety of the disbanded trustees who are form your own caste, is asking from you an indemnity bond to be executed by you that you shall be able to counter any claims from the other legal heirs in matter of such property besides the N.O.C. already given b them. This should be alright for you to do so.
Rajendra K Goyal
(Expert) 20 April 2014
There is no harm to give documents asked by them. Before giving such documents ask them the requirement in writing, get the language vetted from your lawyer and deliver the documents against proper acknowledgement.
