Dear Sir,
My answers are as follows:
1.. I am purchasing a flat in Ranchi which is capital of Jharkhand on Rs1 stamp paper with no stamp duty total cost for Registry would be around 15000 since Jharkhand govt has waived off Registry charges on woman's name ... I am purchasing this flat in my Mother’s name to get benefit of this scheme after selling ancestral land of mine village ... But since it’s a heavy investment I want to be on safer side ... Is there any point which I can include on sale deed that my mother can't sell it alone ???
Ans: Your purchase will be safer side if your intention is not to defraud the Government. Right now you are selling your ancestral property which is bonafide and purchasing in the name of your mother. Your decision is correct.
2. Also I can't buy in joint name since then I have to pay stamp duty and fees which would cost me around 4 lacs.... We are two brothers and mother and my mother is no more... How could I be on safer side that mine mother can't sell it alone or give it as a will deed alone to any party?????
Ans: Check out if there are any conditions in respect of clog for transferring the property by way of sale or gift etc. For any particular period .
3.. I have ancestral land , my brother is mentally not fit and has medical certificates of his treatment in psychiatry centre’s. Do he has rights over the property how could I keep his property safe or get his share of property mutated in my name.. What kind of documents I have to prepare for this that I will be secured that he doesn't damages his share of property since he is getting his property mutated in joint name with me???
Ans: Since your purchasing the property by selling ancestral property, as such the main sources of purchase amount is coming out of sale proceedings of ancestral property. As such your brother and sister may claim a share. Better raise a loan in your name if possible, to make it your exclusive property purchased in the name of mother.
4... In ancestral land my sister is claiming her share of land but mine father died before 2005. We ate from Hindu family.... Does she will get her claim????
Ans: Definitely she will get a share. But if she asked to went to Court you may delay the process for next 10-20 years.
5... I have property in grandfather name in which house is constructed and my uncles are not willing to divide it. Since partition suit takes many years to dispose off ... I want to get mutated it in my mother's name and obtain land possession certificate which are must to sale it ... I want to sell it...How legally I can get these documents in which way??
Ans: You must file a suit for partition after deciding only you get the rights.
6... My mother’s father has given some ancestral property to his only son .and some part is remaining. How my mother could claim my mother’s father has died 1 year ago..... Is such document valid which her father has given to his son????
Ans: She can claim her share by filing a suit against her brother.