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Khubaib   31 October 2015

Property dispute

Dear Members,

My Father was Having A Flat in Mumbai which was gited by my Grandfather to Him in 1980 ( Grandfather Having 4 Sons And 4 Daughters my father is the eldest one) and same was transferred by the Society he was active member of the society. In the year 2001 my Grandfather Expired and in 2005 the flat was sold by my Grandmother to a Third Party, When we check with the society, Society inform us that There was a WILL of my Grand Father according to that will they have transferred the Said flat in the name of My GrandMother and 2 Sons And 2 Daughters as instructed in the WILL, But the will which the society claim that was made by my grandfather is in the Year 2004 which is 2 yrs after his Expired, And the Agreement Between My Grandmother and The Third Party is not registered and stampduty and tax still has not been paid. Now we have question the Society about the ownership of my father and we have also submitted the tax recipt and the other document to the society which is in the name of My Father, The Society has given a leter which says that my father was never a member of the society and there is no document or records in my father name we have maintainance bill bank statment and a letter of the society which says that my father is the owner of the flat. The Prosedure for redevelopemnt has been almost been completed, Request you to suggest. 



Learning

 2 Replies

Kishor Mehta (CEO)     01 November 2015

Sir/Madam,

[1] Was the gift deed stamped and  registered? [2] Was the WILL probated by a Court of Law?

The solution to your query lies in the reply to these two questions. If the gift deed was stamped and registered, then later bequeath in the WILL is malafide and infructuous. If the gift deed is not registered and if the later WILL is probated then the terms of the WILL are effective and unregistered gift deed is meaningless.

Good Luck,

Kishor Mehta

Khubaib   02 November 2015

Dear Sir, The will is not registered and it has been made after the death of grandfather, he died in the year 2001 and the will date is of 2004 and the property agreement is also not registered for the same

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