My bro and his wife are govt employees.They got 2 boys. From 1994 to 2004 they were understanding and bought 5400 s.ft land and 900 s.ft residential building. Property are joint possession. wife is 3 years elder. So this may be a psychological problem to her. In due course she suspects my bro and abuses daily before children. Always quarrels even from the street. She stopped food for my bro from 2004. There are no physical contact, communication, talks between them. He applied divorce on 2007. But she refused with malafide intention. She is not ready to leave him peacefully at the same time she wants to capture the whole possession. Due to her continuous brutal behaviour and activities his boys psychology also turned against him. But She charges, threaten him to take him to police and giving him various continuous torture. He has no security in house. But he lives in a seperate room withouot any contact. Atlast he come to conclusion. He wants to execute a will that 50% of his property to a genuine orphanage centre or senior home etc. Can he do like that?


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Respected Sir,
My friend is the society member of MHADA colony, Thane. He has entered with all society members in redevlopment agreement with builder dated 12/11/2012 which is registered under RERA Act. It was agreed between them that builder will give monthly rent and 2bhk flat with area 485 sq. ft. carpet. But till date he is not registering flat on their name and he has given only 22 months rent in advance. Now he has stopped paying rent also. When he goes to his office he says that he will not registered it rudely. So can we file complaint against him under RERA Act. If yes what is process if all members together want to complain. One more thing one of our committee membe on behalf of society also file R. C. suit against builder, MBMC and MHADA in 2015 application for injuction under order XXXIX Rule 1 and 2. In which court has passes interim order in favor of builder and application is rejected. The case is pending. Builder is telling us to withdraw the case from the court. My friend said we will withdraw this case only when you will give it written that you will registered flat on our name as promised in registered irrevocable power of attorney. He is not giving it written and telling whatever you want to do please go ahead. He has strong political support so all members are not ready to file complaint against him. My friend is afraid to file case alone so made few members ready. What is procedure to file complain under RERA through few society member.. Thanks


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22 November 2017 at 10:35

Property distribution ratio

My grandfather father married with 2 women and he has 3 sons from 1st wife and 1 from 2nd wife then I want to know that what is the ratio of property distribution pls reply soon


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21 November 2017 at 22:27

Survey no. not matching in index ii and oc

I have purchased a flat in Lodha CasaRio Mumbai. Survey no. of the building in Index II (agreement document) and Occupancy Certificate (OC) is not matching. Builder is saying, "wrong survey no. has been recorded in Index II, so, to rectify the error builder has register deed of declaration in the sub registrar's office declaring the correct survey numbers for each of the clusters in the Project on the basis of occupation certificates received for the same".

Builder send me the copy of the deed of declaration. What I should do? What are the complication of this? Whether I can sell the flat at any time without any problem or I will face any problem due to mismatch of survey no. Please guide....


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21 November 2017 at 18:53

Buying flat of sra, mumbai,

Hello sir/madam Property details: SRA Flat, Andheri, Mumbai, 10 years will complete in june 2018, ie after 7 months

1) The SOCiety is Registered uner Maharastra Co op Housing Society

2) Mr AMAR is Original Allotee : who has Share Certicate, Allotemnt letter dated 28 May 2008 , SRA Aggrement in his own Name ie Mr AMAR

3) First allotee/Owner ie Mr Amar sold the property to MRs Babita. by executing Sale of aggrement, POWER OF ATTORNEY, AFFIDAVIT

(Registered NOTARY ) on feb 2010.

4) Mrs Babita has trnsfer the relianace Electricity Bill flat in her own name. after purschase.

5) Mrs Babita expired on feb 2011 without "WILL". leaving behind 3 sons Mr X ( missing but his wife is aviable) , Mr. Y and Mr. Z

6) The Avaible 2 sons ie Mr Y And Mr Z, want to sell the SRA flat because of family dispute

7) Mr Chetan ie the 3 party purchase this flat from this two sons of the late Mrs Babita by executing Sale of aggrement, POWER OF

ATTORNEY, AFFIDAVIT (Registered NOTARY ) on sep 2017.


So my Query is from Mr Chetan
1) What all steps need to do / documents required by Mr CHETAN(Third party) need to do from the 2 sons
so that in future Ownership can be easily transfered in Mr CHETANS NAME

2) Can stamp Duty and registration can be paid and share certificate and ownerhip of flat can be transferred in Mr chetans name

3) How much stamp duty and registration amount need to be paid by Mr Chetan coz this the second sale

PLEASE kindly give your EXPERT ADVICE.
THANKS YOU


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21 November 2017 at 17:47

Can i execute a will

My bro and his wife are govt employees.They got 2 boys. From 1994 to 2004 they were understanding and bought 5400 s.ft land and 900 s.ft residential building. Property are joint possession. wife is 3 years elder. So this may be a psychological problem to her. In due course she suspects my bro and abuses daily before children. Always quarrels even from the street. She stopped food for my bro from 2004. There are no physical contact, communication, talks between them. He applied divorce on 2007. But she refused with malafide intention. She is not ready to leave him peacefully at the same time she wants to capture the whole possession. Due to her continuous brutal behaviour and activities his boys psychology also turned against him. But She charges, threaten him to take him to police and giving him various continuous torture. He has no security in house. But he lives in a seperate room withouot any contact.

Atlast he come to conclusion. He wants to execute a will that 50% of his property to a genuine orphanage centre or senior home etc. Can he do like that?


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Anonymous
21 November 2017 at 13:46

Will

We are a Sunni Muslim family n v r 3 bros n 3 sis. My Daddy had made a registered will for his self earned property n as per the will our sister have no right in the property as he has already given flats to them n also mentioned about it in the will. We have done the transfer in our names n already got a new survery no n Rtc in our names. Also the Conversion is done in our name. Now the sisters claim that they will fight in the court for their share. My question is if they takes us to the court which law prevails ? Muslim Law or Indian Law n if v challenge them in the supreme court which law prevails Muslim law or Indian law Kindly advise


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Dear Respected Lawyers,

I stand as POA to a friend of mine a plaintiff. Have filed OS and criminal case with support of chargesheet. Now on the OS the case has proceeded with many hearing. Wherein the defendants haven't appeared on many hearing while in one instance they filed false written statement and all of a sudden filed application to re-open the case. However after we filing objection to this, the court judge has posted hearing for order.

Given this background what is the likely order the judge will pronounce. also are there any other stages viz judgement / decree. If so are all these different stages of various OS hearing and how will court order the defendants to return the money and also will the court fee of 1.8Lakhs we have paid will also be return and by what means

Lastly which of these Order, Judgement / Decree has to be used as supporting evidence while fighting Criminal case to be shown to public prosecute.

Appreciate a clear and detail advice and resolution to my situation.

Regards
Stephen


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20 November 2017 at 20:08

Punishment for removal of survey stones

My neighbor removed survey stones.he himself had signed on the survey report before.i informed to mro still no acyion taken.what is the punishment for removal of survey stones . place of incidence Hemavati village,Amarapur mandal,Anantpur,AP.
My neighbor has already constructed a hotel in that property.


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20 November 2017 at 08:31

Muslim law of succession

Hello Experts,
I have a query regarding Muslims property distributions.
There are an old couple have 2 sons & a daughter, unfortunately one of the son died leaving behind his 4yrs old daughter & wife. The old couple has acquired some properties and the deceased son's wife wants the old couple to gift any one property on her daughter's name(i.e., grand daughter of old couples). However the old couple are not willing to gift the property as their may be a threat to the property, as if in need of money their daughter-in-law might sell the property, thus the mother of the deceased son has executed a WILL on her grand daughters name bequeathing her property which she acquired through a gift settlement deed. However the daughter-in-law & her family members are threatening the old couples with dire consequences that if they won't execute a gift settlement deed in favour of the grand daughter. Now the old couples are worried as the family members of their daughter-in-law are pressurizing them.
Now query is apart from filing a complaint before the police, what other measures can be taken for the safety of the Old Couples and any other relief's according to Muslim Law.
Plz suggest.
Thank You.


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