Legal Question in Real Estate Law in India

Hi,

I am trying to help an illiterate lady ms. Laxmi Valekar who can only sign her name. Her friend (Ms.X) offeredered to sell her a flat which she owned, for Rs.2 Lac. She agreed. This agreement was signed in 2004. However when the agreement was made the Son of Ms. X mentioned his name as the owner of the house and instead of writng the name of Ms. Laxmi as the other party, he knowingly misspelt her name as Ms. Laxmi Shetty.

Ms. Laxmi being an illiterate lady was convinced that the house is transferred in her name. Later the Son went abroad and is in Dubai and Ms. X is untraceable. She returned in the year 2010 and broke open the locks and ran away with all the belongings of Ms. Laxmi claming she is residing illegally in her apartment against which Ms. Laxmi has filed an FIR. After that episode ms. x is untraceable.

The ration card, Electricitybill is in the name of Ms. Laxmi, however the monthly society maintenance receipt is in the name of Ms. X.

The quesion is how can the apartment be legally registered in the name of Ms. Laxmi?? What options does she have ???


Asked on 12/09/12, 10:41 am

2 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Consider a suit for rectification/corrections under Specific Relief Act.

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Answered on 1/13/13, 9:45 pm


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