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Ananth (teacher)     04 October 2011

Advice please

Hi, i like to buy new a plot chennai, before that i want clear below things, person A gave last will to grand son(C). 1. IS C have rights to sell plots? 2. How can i check wheather the last will is orginal or not? 3. Give me the steps to buy a plot for above status. thanks in advance Ananth


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 8 Replies

K. GOPALAKRISHNAN (ADVOCATE)     04 October 2011

Ensure that the property lies within the limits of metropolitan area of Chennai, if so, the Grandson C has to apply for probtation of Will in the High Court of Madras and get probated and once the will is probated, he is free to sell the property.  Ensure that the Grandfather A had deceased and check death certificate as the Will shall come into effect only after the death of a testator.  Also go through the Will completely and there should not be any ambiguous statement regarding bequeath.  Feel free call me over my mobile 9840199577 / 9710925007 for further clarification. 

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     04 October 2011

If you satisfied with the documents of the property, apart from the advise of Gopalkrishnan, publish the notce that you are purchasing the so and so property from C if any body has got objection then contact direftly ( give your contact address or phone) within 3 days or 7 days from the date of notice, otherwise you would purchase the property and after 3 or 7 days any objectins received such objections are not at all binding on you... like this.

Sachin (Finance Manager)     05 October 2011

Dear Sir,

 

I have recently bought a co-op group housing society flat in Delhi. The flat is freehold and I have got a coneyance deed done. The seller's name in the converyance deed (previous and current both)  is Ramesh Kr. Gupta. However, by mistake in the e-stamping paper, the name is written as Ramesh Gupta.

Pls let me know if this is a problem and what can be done to rectify this.

Thanks.

pushkar nehete (lawyer)     05 October 2011

Dear Sachin,

There should not be any problem because of your said mistake. As the said Deed must be executed and signed by Mr. Ramesh Gupta . Also while registering the said deed in Sub-Registrar office, Photo of Mr. Gupta As a Seller must be there in deed....so according to me there is no harm your rights regarding your Flat,

Thanks.

minhaz (Senior System Engineer)     07 October 2011

Hello I have a  Disputed Plot  of about 555 Sq Yaard in Nashik (Maharashtra).  This land is under  Land Ceiling Act , we have house build on this land for about more then 20 years and we have done propper registration of this land including land revanue, and NA and have being paying electric bills, water bills, house Tax since more then 20 years. Now my father and one person XYZ both have taken 3 plots in the same layout but according to the Ceiling act some other plot was alloted to my fathers name before that allotment the land owner have given this plot to my father and he did registration and all formalitties. Now our plot was alloted to the person XYZ came to know after 2 years about this and till that time he didnt shown interest of registration for the plot but then he filed case and its still going on in High Court. Now i would like to know about we should go about this. Should be give this to builder and he will clear the things or we can clear by ourselfe and get rid of the other person by law what is the solution for this ?

Karthik (TL)     11 October 2011

Hi,

I have recently booked a flat which is under construction and paid an advance payment of 50,000rs by cash and I have a payment receipt for it, due to personal problems and loss of my job I requested to cancel the booking and to refund my advance payment, the builder who accepted my cancellation request is dragging to refund the money and is still not refunded its been more than two months since my cancellation there is no answer still about my refund and no proper answer is given till date please suggest how can I go about this in getting it refunded as I am in immediate need of money.

K. GOPALAKRISHNAN (ADVOCATE)     11 October 2011

Dear Karthik,

You may issue a legal notice to the builder, claiming your money.  Hope you are holding the receipt for the payment made.  

Karthik (TL)     11 October 2011

thank you for your reply sir, thank you so much.. Now if I have to take this legally how long will it take to get my money refunded.. can I claim for compensation for the time and loss that had occurred to me because of the delay and negligence...


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