Property matter transfer of ownership....
francis
(Querist) 26 April 2016
This query is : Resolved
hi, my name is francis and i am residing at hadapsar in pune city in the state of maharashtra, in 1990 my mother who is no more living, gave my cousin money to book a flat 2,50,000 and 1,00,000 for personal use, total amount given in cash 3,50,000 ( three lakhs fifty thousand only ) where an notary in 1991 nov was done. my mom, cousin and two witness signature are present on that, out of which my mom and one witness of my cousin has expired, witness name and address was not mentioned on the natary paper.my cousin booked the flat on his name in 1990 where he has receipt of paying the amount for the flat, tax and light bill is on his name. he didnt make any ration card on the said flat, since from 1992 when he got position of the flat. this flat is of mhada scheeme. i was 14yrs minor at that given time, and my cousin was 34yrs at that time.
in 2002 my cousin left for good along with his family he got migrated to Newzealand,since from 2002 i am staying with my family, i have a ration card, election card,adhar card,telephone bill and a pan card on this same address.
just after mother expired december-4-2010 after that 2011 my cousin field a case to vacant the flat in small clause court shivaji nagar against me and my wife, where my laywer didnt attend, so xparty and decree order was given against me, i filed for delay condolence and appeal, it was approved and send back to lower court. case is still going on, my lawyer is not taking any inetative in the case at all, neither he guides us what to say what not to say, he only says that we are going to loose the case, the next day we will go for an appeal....he tells that notary has no value at all, but i told him this was 1991 that time it had value....
i am really confused and i dont know really what he is up to....
i tried to speak to my cousin to compromise but he is not ready to do so...
my lawyer is asking 5lakhs as fees, the property cost 16-18 lakhs in todays date....pls can you suggest me what can be done....can i change the lawyer when i go for an appeal.....you can mail me....
for how many years can this case go on...can i file a suit or case against my cousin... francis.santamaria76@gmail.com
note: in that notary it has mentioned about the flat to be transfered in my name...
KC AGGARWAL
(Expert) 26 April 2016
The agreements regarding immoveable properties were not compulsorily registrable prior to 2001 amendment to Registration Act. Hence a notarized agreement is an admissible piece of evidence.
As regards lawyer's fee, you have to settle with your lawyer and alternatively engage another local lawyer. You can however request your lawyer to accept decided fee by cheque so that it can be counted in costs if you win the case.
Rajendra K Goyal
(Expert) 26 April 2016
What were the contents of the paper of 1991?
The flat is in the name of your cousin, you are residing in it without paying any rent.
If so, your cousin has a good case in his favor, he can ask for vacating the property.
If your lawyer is not attending the case properly, change the lawyer.
Discuss with local lawyer after showing him full case file.
Raj Kumar Makkad
(Expert) 26 April 2016
Truely speaking, you are going to lose the case. There are no merits in your favour. Though the notarized affidavit is just in support of amount given to your cousin by your mother in which even address is not mentioned. Maximum your mother could have filed a civil suit for recovery within a period of 3 years from the date of notarization wherein your cousin admitted having received the amount.
Your cousin is a valid owner of the flat hence his case is correct though morally wrong. There is no use to incur heavy amount on litigation wherein the result is already reflected on wall.
