PD (Director) 29 March 2012

Property title issue (complicated)

Dear Lawyers,

I have an interesting problem that I need help with.

My in-laws have a property that was originally on my mom-in-laws, her mother and her sister's name.

Then just before the mother passed away the sisters settled the property and other stuff by simply signin a letter saying that the sister does not have any interest in the property on a letter.

Then the mother passed away. Then the inlaws went to the society and got a new share certificate issued on their names.

Now time has come and they (my inlaws) want to sell this property. They even haves buyer who lives in the same society and knows this history. But still wants to buy it.

Now comes the problem, the society secretary is saying that unless the society lawyer gives clearance they will not allow my inlaws to sell. And the lawyer says that this can only be sold if the sister signs the agreement as well. However The sisters are not in talking terms and my inlaws fear that they may stake claim on the property.

what are the choices for my inlaws?

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2 Replies

(Guest)

M=Mother in Law

G=Grand Mother

S=Mother in Law's sister

If property was in the name of M, the sisters giving up their rights, has no relevance. Upon death of M, the estate devolved upon the Legal heirs (LR) of the deceased M as per the personal law of M. The share certificate was transferred in the name of inlaws (presume to be the LR of deceased M) after following due process of law. In my opinion there is an estoppel against the disputant who earlier transferred the property and now refusing to transfer on the ground that S must sign the Agreement. The case requires detailed examination of facts and documents.

PD (Director) 29 March 2012

I need to clarify: The property was on joint name of M, S, and G. The G passed away, but just before that M and S decided that M should own the property and that S did not have any interest in the property. So M and S signed a letter on a piece of paper stating the same. Now the agreement didn't change as they did not do a new registration. F=father in law. Once G passed away, M and F applied to transfer share certificates on M and F's name using the letter M and G signed plus death cert for G. Now society is saying they cannot let the transaction go thru as they are asking S also (alongwith M) to sign on the new agreement. But that's not possible since M and S are not on talking terms. Hope this clarifies...can you please help...