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N K (Developer)     13 March 2013

Succession of my apartment

Hi Friends, 

I am the joint owner of my apartment in bangalore along with my late Husband. We took the house on 2009 Dec and he died on Sep 2011. Only a small amount of loan was repaid. I am repaying the whole loan now. 

My Mother in Law is still alive and she refused to give NOC to me even after I offered money. I sent legal notice to her asking for NOC for which i will pay her share. She again refused. 

Now, I want to get the full succession of the house. I am ready to pay her 25% of the amount we paid for the apartment before Sep 2011(both loan relay and down payment). As I could not do anything peacefully, I even want to hire a lawyer in Bangalore who can put the issue in fast-track court an resolve it as soon as possibe. 

Can you please advise -

1. How much time it will take to get full succession of the property?

2. How much money I need to pay , will not it be 25% of the ammount we paid before Sep 2011? Currently, I am alone repaying the loan, will that also be counted? 

3. I am staying in Australia. I can't go to court for hearings. Can it be resolved by Lawyers only? 

4. What will be the expected charges? I want to go for a good/experience lawyer who can guide me and fix it as soon as possible.

5. My in-laws were not dependent on my husband. they are well settled with mutiple properties. There aim is not to get more money from me, but to create trouble for me. Can we force them to fix this issue?

 

Your input will be highly appriciated.

 

 



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     13 March 2013

You have to substantiate with evidence that your husband paid small amount as repaid. And remaining paid by u to be shown with evidence. Keep all the evidences and file a suit for recovery of money that you paid remaining amount of the loan. or challence for not getting NOC. 

N K (Developer)     13 March 2013

Thanks for your response. 

I have all evidence as money is going out from my personal account and SBI also agreed to provide certificate saying the EMI is repaid by Me. 

 

I can also get full statement from bank highlighting all EMI going to the loan account. 

 

Can you please advise on all other points?


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