LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

My grand­fa­ther gifted his property to my fa­ther and the property is reg­is­tered in my fa­ther’s name. Now my el­der un­cle is claim­ing a por­tion in that property. Do we need to ob­tain a no ob­jec­tion cer­tifi­cate from other le­gal heirs for the gifted property?

- San­deep Sehgal It is not clear from your ques­tion whether the property gifted by your grand­fa­ther is a self ac­quired property or a Hindu Un­di­vided Fam­ily (HUF) property. Pre­sum­ing that the property in ques­tion is a self ac­quired one, there is no re­quire­ment un­der law to ob­tain a no ob­jec­tion from other le­gal heirs for such a validly gifted property. My fa­ther-in-law ex­pired in 2014 with­out leav­ing a will and there is a property in his name. He is sur­vived by my mother-in-law, my wife and her sis­ter. My moth­erin-law now wants to sell this property. Please let me know if my mother-in-law can sell the property with­out any le­gal doc­u­ments from her daugh­ters. Al­though we ap­plied for suc­ces­sion cer­tifi­cate but I am told that it shall take some time be­fore we get it. What should we do?

- Ash­wini Singh As your fa­ther-in-law died with­out leav­ing be­hind a will, your mother-in-law can­not sell this property with­out the con­sent of your wife and her sis­ter. All three of them can ex­e­cute a sale deed jointly in favour of the buyer to sell the said property. Al­ter­na­tively, if your wife and her sis­ter do not want a share in the said property, they can ex­e­cute a re­lin­quish­ment deed in favour of your mother-in­law. This shall trans­fer ab­so­lute own­er­ship of the said property in the name of your mother-in-law and then she can sell the same. I had booked a 3BHK flat in Delhi with a re­puted builder in 2014. I have al­ready paid an amount of ₹ 28 lakh to the builder. It has been two years now but there has been no pro­gess in the said project. On en­quir­ing, their ex­ec­u­tives say that the project has ap­proval is­sues. I have also asked for a re­fund and sent sev­eral e-mails but there has been no re­sponse. Which con­sumer court should I ap­proach in this re­gard?

- Ra­jarshi Bose You can file a writ­ten com­plaint for seek­ing re­lief be­fore the State Con­sumer Dis­putes Re­dres­sal Com­mis­sion if your re­fund claim along with in­ter­est and com­pen­sa­tion is be­tween ₹ 20 lakh and ₹ 1 crore.

IS­TOCK

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