Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Agniva Ghosh   17 May 2024 at 18:19

Tpa/ mortgage rights

Company "A", a PSU, is the owner of the land, which decides to lease the same to company "B" for a period of 60 years. Company "B" after taking necessary permission decides to sublet part of the property to company "C". The period of sub-lease is not decided yet. Company "C" now wants to avail finance from bank. Can company "C" let bank create equitable mortgage on the subleased property, considering company "C" has taken no objection certificate from the owner and the original lease holder?

Kishore Panchagiri   17 May 2024 at 11:43

To get power of attorney

Procedure to get Power of attorney to seel property in absence of wife

Gopi Krishna   17 May 2024 at 00:01

Gift deed / transfer deed / family settlement deed

Hello me and my mother has sold the property in the year 2010 which is owned by my father to my brother and my sister-in-law as part of developing the property reason being at that time i am a student .
subsequently my sister-in-law expired in the year 2019 leaving my brother and her daughter as legal heirs of that property now.
Now we want to sell the property we are planning to execute a deed giving equal rights to me,my mother and my brother.
The property is under Home Loan now so Pls suggest which deed would be better to execute to make the transaction clear and also can we execute any of the deeds like Gift Deed / Transfer Deed / Family Settlement Deed as property is still under Home Loan.Please suggest

Pritesh Patil   16 May 2024 at 23:56

Incorrect flat number on challan for mtr form 6

Dear Members,

I need some advice regarding a discrepancy in my flat number on official documents. While preparing the challan for MTR Form Number 6, the builder mistakenly listed my flat number as 63 instead of 603. However, the flat number is correctly mentioned as 603 in both my index 2 and agreement documents.

It has been over a year since I paid the stamp duty and completed the registration process. Now, as I prepare to make the full and final payment to the builder, I am concerned about potential issues that might arise in the future, especially when selling the flat.

Additionally, the bank initially refused to process my loan due to this discrepancy. They only proceeded after obtaining an indemnity from me.

Could this error on the challan cause any problems down the line? If so, what steps should I take to rectify the situation?

Thank you for your guidance.

visuiyer   15 May 2024 at 17:04

Property of decessed person

Property is in the name of decessed person; but he executed a will on his wife.
now, me as a buyer going to buy the property,
but the property is still in the name of the decessed person but transferred to nominee or whom the will is executed.
It seems that will is not probated before the court of law and name transfer is not done.
Now the question is whether to buy the property since the owner of the property (as per registration department record) is no more available.

Sunil Kumar   11 May 2024 at 23:08

Threatening by deceased brothers wife's

With due respect, it is brought to your kind notice that our father late Sh. Om Parkash has made a Property Will of 100 sq. yards home situated at Distt. Kaithal which is equally shared amongst three brothers namely Sunil Kumar, Anil Kumar & Rajiv Kumar. On 06.03.2021, one brother namely Anil Kumar has been died and his wife Mamta Rani & her son are residing at home. Despite knowing the fact of equal sharing in Property (Home) Smt. Mamta has illegally possessed over a big portion of home and this act of illegal forcible possession, their family members supporting her by using deteriorated, abusing and threatening languages towards us even Smt. Mamta Rani has threatened us for committing suicide only on the issue of distribution of equal shares of property/home. At present, it is very difficult for us to make understand to Smt. Mamta and their family members. The Market value of Rs.15 lacs of this home but she is not ready to take 1/3 share. The family members of Smt. Mamta using deteriorating abusing language and her brother want to threatening of killing both us brothers.
Kindly guide appropriate solution.



Tesla   11 May 2024 at 19:34

Incorrect floor number in previous registry documents

Hello,

What can be done to correct the floor number in the previous owner registry documents?

Aman Patel   08 May 2024 at 23:55

Completion certificate of the building

Hi,
My question is related to a building apartment. A promoter (local) entered into a development agreement of land to build a G+4 storey building on 13th December 2016. We have received an occupancy certificate issued by Baranagar Corporation dated May 14th, 2018. However, the completion certificate has not been provided despite multiple reminders to the Promoter. Some work is still pending in the building. There are 20 residential flats and 5 commercial shops. Flat owners have not formed a legal apartment association yet, and building maintenance is carried out on a mutual understanding basis.

As the completion certificate has not been handed over yet, several questions arise:

1) Can we issue a legal notice to the promoter to provide the completion certificate within a specified timeframe?
2) Since the occupancy certificate has been issued but the completion certificate has not, if any issues arise in the building, such as a breakdown of the lift, automated water pump failure, or structural damage to the walls, who is responsible as of now? Is it the promoter or the flat owners?
3) Suppose the completion certificate is provided after 1 or 2 months but pending work remains incomplete. Can legal action still be taken against the promoter and the issuing authority?
4) As the apartment association has not been formed yet due to some flat owners, can we compel the flat owners to establish a legal apartment association/society? It is most important question.

Please guide on these matters.

Venkat   08 May 2024 at 13:13

Will deed partly infructuous. how to proceed?

Dear experts:

I am asking this query on behalf of my friend. A will deed (unregistered) was executed by the deceased testator bequeathing her A, B, C, and D schedule properties to her four children (two sons, two daughters) equally. i.e., Property A to Son S1, Property B to Daughter D1, Property C to Son S2 and Property D to Daughter D2.

While the testator was alive, she executed a registered gift deed in favour of S1 and D1 to the same extent as in the bequeathed will deed (i.e., A to S1 and B to D1).

Now the problem is, while D1 has given her consent to executing the will deed so that S2 and D2 get their share (properties C and D), son S1 is not agreeing to give a "no objection" letter.

The questions now are:
What is the fate of the will deed? Would it be valid now?
How to proceed legally so that the court declares the properties mentioned in the will deed for S2 and D2 belong to them?

Advocates hired were also not sure how to proceed in this abnormal situation, which is why advise from learned experts here is sought.

Thank you very much in advance,
Best regards,
Venkat



Anonymous   05 May 2024 at 12:06

Gift deed validity if done without knowledge of other heirs

Respected sir, we have a Mhada flat which was in father's name post his death transfered in mother's name . We are 3 children can my mother gift deed it to my brother without other 2 siblings knowledge to counter that what should we do ?