HT Estates - - HTESTATES - Su­nil Tyagi

My hus­band is a mem­ber of and owns a flat in a co­op­er­a­tive group hous­ing so­ci­ety (CGHS) in Delhi. I wish to pur­chase a flat in an­other CGHS in Delhi from my in­come and funds. Can I do it? Please ad­vise.

-Ra­man­deep Kaur Un­der the Delhi Co­op­er­a­tive So­ci­eties Rules 2007, a per­son whose spouse or de­pen­dent child is a mem­ber of any CGHS is not el­i­gi­ble for ad­mis­sion as a mem­ber to any other CGHS. Since your hus­band is al­ready a mem­ber you are dis­qual­i­fied from ac­quir­ing mem­ber­ship in an­other CGHS in Delhi.

I live abroad and my mother who is 75 years old gave the power of at­tor­ney to my cousin brother to man­age her prop­erty and re­lated mat­ters. She has re­cently been suf­fer­ing from men­tal in­ca­pac­ity. I have learnt that tak­ing ad­van­tage of the sit­u­a­tion, my cousin brother is plan­ning to mis­use the power of at­tor­ney to dis­pose of her prop­erty. What do I do about this prob­lem?

— Jaski­ran Singh

If the ex­ecu­tor is suf­fer­ing from men­tal in­fir­mity or men­tal in­ca­pac­ity to such an ex­tent that she can­not safe­guard her as­sets and prop­er­ties and is un­able to take ac­counts from her at­tor­ney, then the re­la­tion­ship be­tween such an ex­ecu­tor and at­tor­ney is nonex­is­tent and treated as un­en­force­able in the eyes of law.

My fa­ther died a few months back. He has two chil­dren, my brother and I. He built a house in 1980 and the house is in his name. It is free­hold prop­erty in Delhi. My fa­ther left be­hind a reg­is­tered will which was made 12 years back.

In the will it is writ­ten that af­ter his death, his home be equally di­vided be­tween my brother, my mother and me. Is it nec­es­sary to get the prop­erty mu­tated in mu­nic­i­pal cor­po­ra­tion of Delhi (MCD) un­der all the three names?

— R K Ahuja Mu­ta­tion with MCD is noth­ing but record­ing of a trans­fer of ti­tle of a prop­erty for the pur­pose of pay­ment of mu­nic­i­pal taxes only. Since your fa­ther has passed away, it be­comes es­sen­tial to get the same mu­tated in the name of the cur­rent own­ers.

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