Request for advice on property

Dear Querist, A lot many questions there, I'd try answering :-

1. NOC to be taken by D1 for the relinquishment of her right – On what value of stamp paper the same shall be executed? What the other requirements and procedures as per the Law

A : Since the properties are held solely and absolutely by S & A as joint owners - there is no right in D1 that exists. Since there is no right no question of relinquishing or giving that up arises.

However she would become entitled to her share on A's demise on account of succession rights as legal heir to the tune of 1/3rd. Now if you seek to deprive her of that. A can always make a will that her share in the property would go to D2 after her demise.  

2. To add the name of D2 as the nominee of A and W as the nominee of S – What is the procedure for same and requirements

There is no nomineeship. After the above thing that I've told you - after A's demise the property would stand half each in favour of D2 & S.

And S need not appoint any nominee - as after him - his property automatically devolves upon W and daughter G in equal measures. Infact G already has a pre-existing interest in that property right from the moment she was concieved. 

3. To execute Will by A - On what value of stamp paper the same shall be executed? How to get the same registered?? Within what time the same shall be registered? What the other requirements and procedures as per the Law

Stamp Paper is not required to be either on a stamp paper or even registered. However it's best to register it after getting it attested by 2 witnesses. Will can be presented for registration at any time there is no time limit. 

4. Can A transfer her share by way of gift to D2

Yes she can.

IF itz A's self acquired property, during his life time he can give it to any body thru., will or gift etc., If itz ancestral praoperty then his sons daughters can claim their share.  A's wife also get one shae.  Daughter and sons of A can also claim their share in their fathers share.

my grand mother(mother's mother) is 85 yr old ,widow,having 4 married daughters,living single in pune without any income source . she have two brothers. they have property in thane dist. in the name of my grandmother's mother name(she is no more as on date).the two brothers are planning to sell property which is on there mother's name and are not ready to give share of my grand mother to her.

so please suggest me how can i stop them to sell the property without concent of my grandmother?pl reply me either by mail or by telephone i am ready to pay tour legal fee my e-mail is vivekalate@gmail.com,& ph no is 9822000813.

----vivek alate

Respected Sir,

I would be happy if you could counsel me on the following:

I desired to sell a residential property, and I received  Earnest Money deposit, in January 12, 2012 made out on Stamp Paper, valued at Rs 20/-, as a receipt, specifying the sale value, duly providing 3 months for completion of registration of the said property, enabling the prospective buyer to scrutinize the relevant documents. It took nearly a month's time for the buyer to have the documents legally scrutinized. So he paid me some amount, and prepared a second agreement, in February 2012,  to incorporate the details of the second instalment paid, and the balance amount due. He committed three months from the date of this second agreement for completion of registration, expiring in May 2012, citing time as the essence of the contract. It is nearing three months, and the buyer has not initiated any step to fulfil his commitment. I have therefore three questions to ask from the learned counsel:

1. What legal action should I take to draw the attention of the buyer to the date promised by him to complete registration of the sale of the property. Is there any time frame within which I am required, by law, to act?

2. In the second Agreement made out in February 2012, we did not record the date, by oversight, but mentioned the month of February and the year. Will there be any problem on account of this?

Thanking you,

Yours respectfully,

[Mohan P. Kumar]

Mr Premkumar,

You may write a letter by registered post or with a confirmation receipt form the buyer for the same.

It is okay if you have not put the exact date but remember that the date is very important in all legal documents. It can be assumed to be any date in Feb 2012 as per the convenience of the parties.

You may forfeit the EMD if the other party delays payment and you can then sell the property to anyone else but please follow the procedures to give notice to the buyer that you will cancel the agreement and forfeit the EMD.

But my advice would be for you try to complete the deal by accommodating if you and the buyer can come ot an agreement but this time put the past history in writing and stating that you will forfiet the amount if the deal is not completed in time due to the default by the prospective buyer.

S Jadhav