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Avinash (asst)     08 July 2011

Property transfer

my brother signed NOC letter by copying my signature and sent to our apartment society secretary. After this apartment society secretary confirmed mothers as owner of the flat. My father died in 2007.He did not made a will. My elder brother gave NOC also and now mother wants to sale the house. As i live separelty, i want the amount of my share in my name. as a co-owner. Now can my mother sale this flat independently. OR i need to convey to the soceity that i did not personally sign the NOC letter. OR anything i need to convey to my mother that without my concent or if i do not get my share certain action can be taken to stop the sale. (PLS SEE I AM NOT AGAINST MY MOTHER), but since i live seperately i need to take benifit of my share and my rights.

Also two months ago my brother and mother gave stamp paper commitment letter that they will sell the house to a gentleman at a certain price.

Now since i have inform my mother that I have not sign the NOC, then how come she became the owner.

It is nothing but fraud.

Now the prospective buyer wants the flat to be sold immediately. And threatens that he will not allow to sell the flat to someone else.

Our building will be taken over by a builder who will constuct new building. Now the buyer threatens that he will not allow the builder to demolish the building because we have commited to sale the house to him.



And threaten my mother that all the remaining society members will presureised you to execute the sale deed. Beacuse construction on the new building will be halted by the builder.


 



Learning

 5 Replies

Bharatkumar (ADVOCATE )     08 July 2011

U give a notice to the Society without my concent society not transfer the flat and your mother and brother r also not sale this property without my concent. and U inform society that the NOC given by my brother is wrong and sign in not mine in NOC SO society take a action against your brother for that.  

Raj2345 (B.A)     08 July 2011

Sir/Madam,

I was given a gift deed from my grandfather for the house which we are staying from 7 to 8 yrs. My grand father owns the land but my father constructed the house on it but in the year 2010 my grandfather tansfered the house to my name as gift deed. so we even transfered our house current bill , etc etc. 

Now the problem is my grandfather cancelled the gift deed saying im misbehaving with him and i m not good to him nower days?? but everything is false

How Is it possible ?? what should i do ??

Please give me a solution to proceeed 

roshan (advocate)     08 July 2011

gift deed once accepted cannot be cancelled. you can challenge the cancellation

sanjeev murthy desai (Advocate)     08 July 2011

Dear Sam,

After the demise your father, all of you have 1/3 each share in the father property. Your mother and borther can sold their 2/3 share to prospective buyer.

the above said faked NOC which is given by your brother in favour of Associcaiton does not confirm the mother's ownership of entire property. 

You just file injuction suit against your brother and mother to restrict them to sell your 1/3 share property.  

 

 

 

sanjeev murthy desai (Advocate)     08 July 2011

Dear Mr Raj,

Please once again gothrough the Gift Deed, if is conditional or if your grandfather reserved such right under said Gift Deed, then he has the such cancellation rights otherwise you just file a case against him.


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