Legal Question in Real Estate Law in India

Dear Sir,

Case:

My Divorced Mother (1st Holder) had bought a residential property in Mumbai, 25yrs ago (Agreement not registered) and My Uncle (0% invested) is 2nd Holder to the said Property. And after few years she become unsound due to paranoid schizophrenia, bcoz of which she had to stay at native place and said property was on Lease for past 20 years. Hence i want the property to be transfered / relinquished under my Mother's Name(100%) and/or Me being the Second Holder, I have a share Certificate under my Mother name and me being a nominee to the same. I want to avoid paying stamp duty, So Kindly suggest me some remedy, bcoz of which i and my mother may not face any hardships, However i guess my uncle is not aware of the said situation as of now, so he is not creating any issues. we just want to take a precautionary step.

Thanking you,

XYZ


Asked on 11/12/11, 9:25 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Since your uncle's name is on the property as a 2nd holder, he may be entitled to half share. For transfer of ownership, your uncle's relinquishment deed may be required. however, seek advice from a local lawyer who may be dealing with this subject.

Read more
Answered on 11/12/11, 10:23 am
Anil Kumar Sharma JurisTree

Take steps to get the Share certificate transfered in your name as your mother is not well, the conditions are generally mentioned for such share transfers, get these fulfilled.

Read more
Answered on 11/14/11, 4:43 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India