• Elder son creating nuisance in selling mother flat

Property agreement and share certificate is on mothers name only. Firstly elder son wrote fake power of attorney notarised and gave it to society, that my mother is out of India and she asked me to handle this. we made a public notice to cancel this POA legally, filed an application with local police with xerox proof of POA. Gave the copy to bldg society. Now last week, elder son gave written complaint from his lawyer to society that this property belongs to my grandmother, then it came to my father, after my father( died) now my mother has it and i have equal right of it. If society supports mother in selling the property, then elder son threatens to sue society. he has also written that younger son has forced mother to make a " will" forcefully. He has submitted this notice copy to same police station( it does not have police station acknowledgement though). que - what can we mother do so that he does not hamper the selling process of the flat( put a stay order for further selling process). and Society secretary is threatened not give 'no objection certificate' to mother to transfer the flat to new buyers name post buyers agreement to buy the flat without the signature of 3 children. Pl mention the answer with property law section as a proof
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) what is the source of funds for purchase of flat by mother?

2) is she working?

3) if mother had bought flat from her income she is at liberty to sell the flat

4) she does not need consent of her children to sell th flat

5)mother not need NOC from society for sale of flat if she is the absolute owner of the flat

6) the latest model bye laws adopted by society contain clear provision that NOC from society is not necessary for sale of flat

7) mother can file police complaint against her son under section 506 of IPC for criminal intimidation

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1)i presume money for purchase off lat was transferred from her account

2) her bank statements would prove that she has paid consideration for purchase of flat

3) she would be absolute owner of the flat

4) bye law 38(d) of model bye laws 2009 specifically mention that NOC of society is not required to transfer the shares and interest of the transferor to the transferee

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

what can we mother do so that he does not hamper the selling process of the flat( put a stay order for further selling process

A stay order is not necessary. She can proceed with the sale of the property ignoring the notice or his threats.

If the property is on your mother's name by a registered deed, then she will be the actual and absolute owner with marketable title, hence she can very well proceed with the sale of property without bothering about such grumblings.

Society secretary is threatened not give 'no objection certificate' to mother to transfer the flat to new buyers name post buyers agreement to buy the flat without the signature of 3 children

The society is not bound to give reply to such vexatious notices and frustrations in the form of present notice by the agitating son.

If at all he wants relief he may approach court and cannot resort to such illegal threats.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

If society does not give 'no objection certificate' to transfer the flat to new buyer and does not respond for our frequent

The society cannot refuse to give NOC for sale of property by your mother, if it does, then your mother can drag the society to the consumer court as well as the cooperative court for relief and remedy.

Mother wants to sell the flat quickly to avoid nuisance from elder son and family and wants to avoid going to court.

She can sell the property to the prospective buyer by all means.

The NOC by the society is just a formality.

Since the registered sale deed is on our mother's name, the NOC of the society may not be of paramount importance.

The secretary of the society may be dragged to he court if he/she is indulging in any such activity which may be detrimental to your mother's interests in the property.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

The registered sale deed in your mother is enough to prove her title and ownership of the property. She need not show the source of income for purchasing the property.

Law defines this as married women property and it further clarifies that she need not declare the source of income for purchasing this property.

Even if she is not having any source, if the property was funded by someone but registered on her name, then also she is the absolute owner of this property.

"No Objection Certificate" of the Society is not

required to transfer the shares and interest of the

transferor to transferee. However in case such a

certificate is required by the transferor or transferee,

he shall apply to the Society and Committee of the

Society may consider such application on merit, within

one month.

(e) The Transferor/Transferee shall submit following

documents and make the compliance as under:

i) application, for transfer of his shares and interest

in the capital/property of the society, in the

prescribed form, along with the share certificate;

ii) application for membership of the proposed

transferee in the prescribed form;

iii) resignation in the prescribed form;

iv) stamp duty paid agreement;

valid reasons for the proposed transfer;

vi) undertaking to discharge all the liabilities to the

society by transferor;

vii) payment of the transfer fee of Rs. 500/-

viii) remittance of entrance fee of Rs. 100/- payable

by the proposed transferee;

ix) payment of amount of premium at the rate to be

fixed by the general body meeting but within the

limits as prescribed under the circular, issued by

the Department of Co-operation/Govemment of

Maharashtra from time to time. No additional

amount towards donation or contribution to any

other funds or under any other pretext shall be

recovered from transferor or transferee.

x) submission of 'No objection' certificate, required

under any law for the time being in force or order

or sanction issued by the Government, any

financing agency or any other authority;

xi) the undertaking/declaration in compliance with

the provisions of any law for the time being in

force, in such form as is prescribed in the bye laws.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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