Murshid Alam
25 May 2014 at 14:16
I am one of the co-owners’ of a property( 3 –storied building ) under Kolkata Municipal Corporation. The other co-owners are my elder brother, who is staying in the same premises with his family and my elder sister staying at New Delhi with her family. There are 9 self-contained flats in the building, 3 flats in each storey. On the 1st floor, I am in staying with my family in a flat and above me my elder brother is in possession of a flat. On the terrace, there is a room with attached bath with kitchen( my sister used to stay before she settled at New Delhi with her family, 17 years before) which is now being used by my brother for his business purpose. Other 7 flats are occupied by tenants. My father died intestate on 11.9.1993 and my mother passed away on 10.3.1996. Since my mother’s demise , my elder brother is collecting rents from the tenants, being the the elder son. He sends me the statement of receipts & payments a/c. of the rents collected debiting the expenses incurred for maintenance of the building every 3 months. One of the tenants is not paying rent since more than a year, after my elder brother sent him a legal notice asking for enhancement of rent as per West bengal premises tenancy act ( amended), 1997. Since then according to my brother ( as he is managing the estate ), the tenant is tendering the rent before the Rent controller. Now my brother is preparing to file an application u/s 17(6) of the west Bengal premises tenancy act,1997 before the Ld. Addl. Rent Controller at Alipore, kolkata. My elder brother would sign the application as the deponent identified by our Advocate, ( appointed by my brother). Myself and the other co-owner( my elder sister) would sign in the vakalatnama. My sister has already signed on the same and it has been handed over to me due for my signature. In the past, due to certain reasons, whatever it had had happened; frankly speaking I lack complete trust in my brother. My brother wants to file the same coming week and from Tuesday onwards, I shall be out of station for a period of about 7 to 10 days for work. As I am being skeptic, my question is - can my brother use the blank vakalatnama signed by me against me for some malafide intention ( other than attaching the same with the application U/S. 17(6) of W.B.P.T.A.,1997 and filing before the Ld. Addl. Rent Controller) later and take material advantage on me? Further, please substantiate the significance of Vakalatnama in particular and implication of signing on a blank Vakalatnama.
Could my elder brother instead of attaching the blank vakalatnama signed by me meant for depositing the same before the Ld. addl. Rent Controller,retain the same,, later may use the same to transfer the entire undivided inherited property in his name in the near future. The other co-owner ( my elder sister, who is staying at New Delhi) had already hinted some months back that she wants to sell off her share and wants cash. I objected to the same, as because, the property was painstakingly made by our father and I do not favour sell off of any portion of the property.
My ultimate question is - in an undivided inherited property, partly tenanted, where there is more than 1 Landlord, can any of the Landlords of the property, file a civil suit on any of the tenants without the signatures/written consent of other co-owners in legal documents at the time of filing the application.
please comment.
----- M.Alam, Kolkata
Murshid Alam
25 May 2014 at 02:46
I am one of the co-owners’ of a property( 3 –storied building ) under Kolkata Municipal Corporation. The other co-owners are my elder brother, who is staying in the same premises with his family and my elder sister staying at New Delhi with her family. There are 9 self-contained flats in the building, 3 flats in each storey. On the 1st floor, I am in staying with my family in a flat and above me my elder brother is in possession of a flat. On the terrace, there is a room with attached bath with kitchen( my sister used to stay before she settled at New Delhi with her family, 17 years before) which is now being used by my brother for his business purpose. Other 7 flats are occupied by tenants. My father died intestate on 11.9.1993 and my mother passed away on 10.3.1996. Since my mother’s demise , my elder brother is collecting rents from the tenants, being the the elder son. He sends me the statement of receipts & payments a/c. of the rents collected debiting the expenses incurred for maintenance of the building every 3 months. One of the tenants is not paying rent since more than a year, after my elder brother sent him a legal notice asking for enhancement of rent as per West bengal premises tenancy act ( amended), 1997. Since then according to my brother ( as he is managing the estate ), the tenant is tendering the rent before the Rent controller. Now my brother is preparing to file an application u/s 17(6) of the west Bengal premises tenancy act,1997 before the Ld. Addl. Rent Controller at Alipore, kolkata. My elder brother would sign the application as the deponent identified by our Advocate, ( appointed by my brother). Myself and the other co-owner( my elder sister) would sign in the vakalatnama. My sister has already signed on the same and it has been handed over to me due for my signature. In the past, due to certain reasons, whatever it had had happened; frankly speaking I lack complete trust in my brother. My brother wants to file the same coming week and from Tuesday onwards, I shall be out of station for a period of about 7 to 10 days for work. As I am being skeptic, my question is - can my brother use the blank vakalatnama signed by me against me for some malafide intention ( other than attaching the same with the application U/S. 17(6) of W.B.P.T.A.,1997 and filing before the Ld. Addl. Rent Controller) later and take material advantage on me? Further, please substantiate the significance of Vakalatnama in particular and implication of signing on a blank Vakalatnama.
your prompt advice in this regard is anticipated.
------ M. Alam, Kolkata
Could my elder brother instead of attaching the blank vakalatnama signed by me meant for depositing the same before the Ld. addl. Rent Controller, later may use the same to transfer the entire undivided inherited property in his name in the near future. The other co-owner ( my elder sister, who is staying at New Delhi) had already hinted some months back that she wants to sell off her share and wants cash. I objected to the same, as because, the property was painstakingly made by our father and I do not favour sell off of any portion of the property.
My second question is - in an undivided inherited property, partly tenanted, where there is more than 1 Landlord, can any of the Landlords of the property, can a civil suit on any of the tenants without the signatures of other co-owners in legal documents at the time of filing the application.
M MALIK_31
24 May 2014 at 18:26
Respected Experts,
Kindly clarify these questions.
First Question:
Is "Having very simple signature" i.e. "Just writing first name in english normally" dangerous when registering a property in sub-registrar office? Can it make any signature frogery? Though we register our thumb impressions and snapshot photo in property registration then too "Is stylish/complex signature necessary in land registration"
Second Question:
Can we introduce a new {more stylish/complex} signature for a new property registration in sub-registrar office whereas at all other places like "Banks, Pan Card, Passport etc. we use very simple signature (just first name written normally, means it can be copy easily).
Is it very risky to have very simple signature (just writing first name in Title case in english)?
If dangerous, how to change these simple signatures into a more stylish/complex signatures? What is the process? How to change old signatures to new more complex signatures in property document?
Kindly clarify these issues with many of us.
Many Thanks and Regards
M Malik
shankarram
23 May 2014 at 22:35
We have just formed an association of newly developed Apartment complex,at Bangalore which is ajoint venture with land owner.
please advise the documents that we need take from the developer.
Priyanka
23 May 2014 at 22:00
Sir/madam,
Please Advise me.
As my name is priyanka at 10th certificate but it is priyanka singhal in voter and pan card and in bank a/c.I am unmarried.
I want to apply for D/L and Passport.For this DOB certificate and other ID required,so will it cause a problem.Can any affidavit for two person are the same will be acceptable.
I seek Your kind and valuable advise.
AYAN
23 May 2014 at 18:02
Who are group A govt officers? is the executive officer of municipality is group A officer?
who are group A govt officers? please tell me.
in a govt job document verification it is written that all documents like class 10 12 and graduation mark sheets xerox copy has to be attested by group A govt officer.
How will I know who are group A officers?
is the executive officer of municipality is group A officer?
nabeel
23 May 2014 at 11:53
I gave some money to my friend's mother. Now she is not giving it back. When am asking the money she is threatening me, that she will suit a criminal case against me for doing illegal money lending buisness. I gave the money when she cried in front of me, telling her emergency. I have a blank promissory note signed by that lady and a blank cheque signed by her son. WHAT SHOULD I DO ... ?? PLEASE HELP ...
Herald
21 May 2014 at 21:52
Hi,
I have registered a house property in Chennai last month purchased through bank loan. When the bank people approached register office for original documents, they have intimated that 47A is pending.
Could you please help me in clarifying what it means and what do I need to do to resolve the same.
Thanks in advance
Herald John
Rajesh Naik
19 May 2014 at 17:56
Kindly provide me the information as,
whether a director of company can pay the stamp duty in his name, to purchase the property in the name of his company? The property & Company both are situated in maharashtra.
Thanks in advance.
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Lease agreement
sirs and madam,
i have a doubt on lease agreement.
here, X is the landlord and Y and Z , are the co-tenants.
Y and Z executed a joint lease agreement , in favor of X.
Now, Z intends to withdraw from the tenancy agreement and Y intends to continue with the tenancy agreement.
if so, what is the new agreement that should be prepared between X and Y ?
whether a release deed by Z ,in favor of
X is sufficient ?
or , altogether, a new lease agreement between X and Y is required ?
please advice me , sirs and madam ...