Flat transfer dispute

If your sister is no more, you may submit her death certificate along with the NOC of other siblings, assuming this is a self acquired property of your mother. If the society objects, then you may proceed with necessary legal documentation.

Dear Mrs Vaidya, Could i have a word with you if possible...and where in mumbai is your office located..?

Under the Hindu Succession act each of you brothers and sisters will have one seventh share of the intestate property. As one of your sisters is dead her children will have right over her one-seventh share. As the wishes of your parents were only verbal and there is no written will, it will not help you. Why do you want a POA? Do you plan to sell the property and take the cash? 

The husband of your sister who is dead will have no right over the property. Are the children of your late sister above 18? If not, nothing could be done until they become majors. Their father may be their legal guardian. But even he could do very little until the children become majors. If the children are majors already, try to prevail upon them to abandon their claims. Alternatively you pay off their 1/7th market value and settle the matter.

The Society may not transfer the flat to your name without the consent of children of your late sister provided that they are above 18. If they are below 18 there is problem.

Dear Dr Ramani.

Thank you for your resposnse, appreciate it very much. 

However I missed to mention a few thing, I am a Catholic, so are all my in Laws, except for my husband. so does the Hindu act, apply in this case ??? My husband doesnt want anything to do with it. he wil sign any document without any problem.

My sisters children are 26 and 30 years old.

There was a will made but my mom fell sick and couldnt go to the lawyer to sign it, so the will is without signature, and as i understand, it is useless. The purpose of POA is, that i want all to give the signing authority to my eldest brother for the transfer of the flat in my name, since i live in Goa and unable to travel frequesntly to mumbai, i have requested him to getthe transfer done, no i do not intend to sell the flat. in respect of share of all other 6 siblings, my parents have already given all their respective shares years ago, and this flat was my inheritance. However the husband of my late sister has personel grudges against us and hence he doesnt want to amicably cooperate. Please advice if i can get the transfer done without his or his childrens NOC. I have NOC from all my 5 brothers and sisters. 

 

i would appreciate if i could have a word with you or meet you. where is your office in mumbai ???

 

Thank you

Marita Fernandes.   

 

 

You are Christian and your in-laws are Christians. But your husband is not a Christian. How did this happen?  Normally your husband should have been of the same religion as his parents. Did your parents-in-law convert to Christianity after your husband was born? Or did your husband get himself converted to Hinduism or any other non-Christian religion?

If you are a Christian and your husband is not, you will be governed by the Special Marriages Act. But here the question is that of your parental property. I presume that your parents as well as your siblings all were/are Christians. Hence Christian law would apply in this case. As the children of your late sister are well into adult-hood you will have to deal with them. I am not familiar with Christian law. Also as it appears that you are a Catholic married to a Hindu, I do not know the implications of that in so far as the applicability of Christian law to you. I give below the name and address of a lawyer who specialises on inheritance laws. If you so wish you or your brother can contact him:

drbbsingh2010@gmail.com

Dr. B.B. Singh
M.Sc.; LL.M.; Ph.D.(Lond); F.A.Sc.; F.N.A.Sc.
IPR Attorney & Scientific Advisor and Advocate, High Court
Office: 211-Yusuf Building, Mahatma Gandhi Road, Fort, Mumbai - 400 001
Tel. 22049723/0664; 22883724

Sub-Office: D-7 Fairlawn, V.N.Purav Marg, Chembur, Mumbai - 400 071

Tel. 2520 7210

Branch Office: 1- Nitanjali, Bangarwadi, Lonavla - 410 401
Cell. 9821005336
email:drbbsingh@mtnl.net.in; drbbsingh@iprpluslaw.com; drbbsingh2010@gmail.com
Website: www.iprpluslaw.com; www.iprpluslaw.web.com

drbbsingh2010@gmail.com

Dr. B.B. Singh
M.Sc.; LL.M.; Ph.D.(Lond); F.A.Sc.; F.N.A.Sc.
IPR Attorney & Scientific Advisor and Advocate, High Court
Office: 211-Yusuf Building, Mahatma Gandhi Road, Fort, Mumbai - 400 001
Tel. 22049723/0664; 22883724

Sub-Office: D-7 Fairlawn, V.N.Purav Marg, Chembur, Mumbai - 400 071

Tel. 2520 7210

Branch Office: 1- Nitanjali, Bangarwadi, Lonavla - 410 401
Cell. 9821005336
email:drbbsingh@mtnl.net.in; drbbsingh@iprpluslaw.com; drbbsingh2010@gmail.com
Website: www.iprpluslaw.com; www.iprpluslaw.web.com

 

1 - Do i need his NOC if my blood  sister is no more...?

Even your blood sister is no more, the share of property that belonged to her will now devolve  on her legal heirs/successors.  Therefore the said legal heirs have to relinquish their rights to share in the property by executing a registered release deed in your favor. 

 

2 - If I do not get the required NOC, is there a legal way to go ahead with the transfer of the said apartment...?

If all others are ready and willing to transfer their share in the property in your name, then ater that situation you may file a partition suit against your deceased sister's husband and his children and  then you cn move to court for relief of partition and other reliefs.