Legal Question in Civil Rights Law in India

Mr. `A�s family consist of

i. Wife

ii. Daughter

iii. Two sons - X� having wife & a son / �Y� having wife, a son & a daughter

2) Mr. `A� expired intestate in the year August 11, 1988.

3) At the relevant time all the members were staying together. The daughter of Mr. A & Children of sons was minors.

4) Mr. `A� amongst other assets owned a residential flat and had filed nomination with society in favor of his sons `X� & �Y�.

5) Mr. A�s daughter married in the year 2001 (August).

6) Over the years the flat continued to be in A�s name. On 28th August 2000, Mr. X�s mother, sister and brother gave separate NOC/Declarations that they had No Right, Title, Interest in the said premises and that they were relinquishing the same in favour of Mr. x. The said declarations were on stamp paper of Rs. 20 each and duly attested by Notary. However the same were not registered with the Registration Authority (Refer Annexure 1).

7) On 6th September 2000 Mr. X applied for transfer of flat to the society in his name and submitted for society�s record the above said `NOC� from the other family members.

8) The society transferred the flat on 4th October 2000 in favour of Mr. X (showing it as transmission) and since then it continues to be in his name.

9) Mr. Y in the meantime bought another flat in the year 19th September 1999 and residing with his family in the new flat since then.

10) The sons of both X & Y�s have married.

11) The Mother stay�s with Mr. X and his family.

II.

1) Mr. X desires to make a will and register to secure right of his family members in the Flat.

2) While reading certain articles & queries on amnesty scheme, will etc. few doubts / apprehensions have arisen in his mind and would therefore like to check whether the transfer and the title is clear/legal and there is no technical lapse.

3) This is to protect, in case the other heirs are misguided by non related / interested persons, although the intensions of the members declaring were clear.

III. Clarification is therefore sought on the provisions under the various applicable acts-

1 .Indian Registration Act -

(I) whether the declarations by the other heirs are adequate enough to confer Mr. X�s ownership in the flat?

(ii)Although the transfer of the flat was duly supported by NOC/declaration relinquishing their rights, since Mr. X was also the nominee, can it be contended that the transmission was only for the purpose of the society as nominee and not giving the ownership title, thereby claiming share in the property.

(iii) Can the declarations relinquishing right in Immoveable property be claimed as invalid / void on the grounds of Non-Registration?

2) If the answers to any of the above is YES, then

(a) Then whether the law of limitations would apply and his right and title is protected? IF YES

(i) Then under which clause out of various clauses out of the probable clauses? (refer annexure 3)

(ii) The law also provides for the time when the period of limitation begins,.

(iii) Considering the circumstances of our case as explained against each such clause, determination & confirmation of time and applicability of provisions / clauses need to be examined

(3) If protection under the limitation act is not available, then

(a) Whether provisions of Hindu succession act 1956 can be invoked/claimed based on the Points referred to in (refer annexure 2)

IV If the answers to any of the questions are YES. what remedy X

has to taste the intentions or ensure ownership in favour of his

family during his lifetime or in his absence in transmission.

1) Will

2) Gift

3) Sale of Flat or no action if provisions of law of limitations apply if yes then under which clause?

V

1 Although Mr. X and others may have proper understanding

or even if there is, they do not express during the lifetime

of Mr. X, out of respect / his charisma or his obligations

etc.,

2 considering the value of the flat, present trend and

involvement / misguidance by outsiders / non-relatives. There can be possibility of any such issue coming up which can hamper smooth transition or l lead to litigation and waste of time, money and peace among members.

3

If yes, with this apprehension he desires a full proof, risk free and 100% solution / suggestion / necessary action on his part to overcome such apprehension and achieve objective. Obviously in this process he would at the same time desire that any action on his part is neither counter productive or is against his own personal interest which may make him dependent or make his life miserable as being seen / heard of late in many cases of premature bequeathment of property in favor of relative in good faith

4

Simultaneously suggestions/ remedial measures are desired to be such which do not give rise to action / thought which otherwise were / are not in the mind of others but arises due to such actions / measures by Mr. X.

1 Answer from Attorneys

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