• Selling Dadar, Mumbai based Property, safe guarding interest

The Property is on mothers name at dadar, Mumbai. She wants to give it to Younger son and ready to make a gift deed accordingly. Elder son, made a notarized power of attorney (fake)document dated july 2016 on his name signed by mother, so that mother can not sell the property to anybody or make a gift deed to the younger son. Elder son gave that notarized power of attorney to bldg society, so that bldg society asks mother and younger son to clear this matter. what can we do legally to nullify the document submitted by elder son and prevent further such acts by elder son or elder sons family legally? we want to assure bldg society legally, not to entertain any docs by elder son & safeguard future buyers interest. As well mother wants to sell this property( post gift deed) immediately and give proceeds to younger son.
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) mother should file police complaint against son for cheating , criminal breach of trust , forgery ,

2) inform society that no such POA has been executed by her

3) issue public notice in this regard

4) mother can executed gift deed in favour of son have it duly stamped and regd

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

1) mother can enclose NOC from society for execution of gift deed in favour of son

2) OC issued by BMC for the building

3) it should not take more than a week

4) son can later sell the property

5) and buy new flat out of sale proceeds

6) it does not attract gift tax

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

If this property belonged to your mother alone, then the notarised power of attorney deed is not binding on her.

As it is the POA deed (faked) by your brother has no legal validity, if the society is acting on the behest of such a fake document and has sent any notice,the society may be issued a reply notice through a lawyer stating that the same is fake and created fraudulently for the purpose of wrongful gains and not be entertained.

Failing to take notice of this warning, if the society indulges in any unlawful activity in respect of this property at the influence of your brother or in collusion with him then the society may be dragged to the cooperative court seeking justice and remedy or to the consumer forum seeking to redress the grievance and compensation for the mental agony caused.

There are lot of things that can be done on it legally.

Please be aware that your mother cannot sell the property after having transferred it to your by a registered gift deed. She can sell it before doing that.

Ask your mother to ignore that POA deed created by your mother and proceed with her plan to sell the property, she may also issue a publication in any local daily newspaper stating that the acts intended by your brother ion the basis of the faked power of attorney deed are illegal and want the public to not to indulge in any transaction in respect of this property based on the false fraudulently created power of attorney deed.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

what are the document required for registering gift deed for Dadar mumbai property, from mother to younger son.

The gift deed drafted, executed and registered based on the original title document shall be enough along with the other proofs namely address proof and identity proof.

how long does it take?

Registration process will take hardly one day.

can sale proceed of mothers property can be taken by younger son. and younger son buy new property with that sale proceed?

There is legal infirmity in it, however the capital gains tax have to be paid by your mother, you can clarify this aspect from your auditor.

whats the gift tax levied then for younger son?

Gift tax is common to all sons, there is no special privilege to younger son on this.

will there be issue for buyer to give sale proceed to younger son, via sale deed?

There should not be any problem in this if the vendor agrees in writing for this transaction.

basically we are finding faster and cheaper option so that mothers property money can be taken by younger son and use for future buying of property. pl suggest

You can adopt the above procedures or consult a local advocate for further advise on the subject

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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