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roque   14 October 2014 at 16:24

Builder sending demand letters and stamp duty & reg is not done yet

Dear Sir / Madam,

I have purchased a flat in Kalyan in Feb, 2012 and was told that possession will be given by Dec 2014 but does not look it will be done by this time.

The work has started and 3 floors have come up, the flat cost is 29Lakhs and I have already paid them 40% of the money but till date the stamp duty and registration has not been done yet.

They keep on saying it will be done and now more than 2years have passed

My question is that is it fine to pay the money as per their demand letters if Stamp duty and registration is not yet done ??

Pls advise
Regards

Vipesh   14 October 2014 at 15:35

Two landlord in pagdi system

Respected Sir

We are having a Tenanted Residential House Pagdi System) in one of the building of South Mumbai in the name of my Father. The New Landlord wants to Re-develop the building. Initially he was not ready to make the Agreement with the Tenants for Redevelopment & so we (Tenants) did not give our Irrevocable Consent to him & so he filed a suit for Eviction against us in the Small Causes Court Mumbai.

Now we have reached a settlement wherein the Landlord is willing to Execute an Agreement with us & withdraw the case against us .

Now the Problem is – A new person has emerged claiming to be the Landlord of the building. He has filed a case against us in the small causes Court for Eviction. He has also filed a case against the New Landlord in the High Court of Mumbai for Title of the building.

Now in the case of the second Landlord we have filed a reply in the Small Causes Court that we are not willing to part possession of our premises to the first Landlord. Moreover the Second Landlord does not have any valid documents showing purchase of Property except a Gift Transfer Deed.

Now My Query is

1) In the above case can we give Irrevocable Consent to the First Landlord. The first Landlord is having all valid purchase documents towards purchase of Premises

2) The Second claiming Landlord just seems to Blackmail the First Landlord so that he can make money from him & then he can withdraw the Court Case

3) In the case can we be at any fault OR Contempt of Court, etc if we give Consent to the First Landlord.

4) The Court has passed Injunction order against us for the First Landlord. But now we have settled the matter with our First Landlord & we want to give consent to the First Landlord so does that Injunction Order cause any problem to us.

5) In the case of Second Landlord the Court has not passed an Injunction Order against us, so can we give consent to the First Landlord

6) While giving consent what documents will be required by us from the First Landlord so that we do not face problem in the Court from Second Landlord.


Thanking you in Advance

ramji kumar   14 October 2014 at 14:49

Nomination

My mother is owner of a house for 30 years in a co-operative housing society in Gujarat. Now She wants to register/record nominee for this house, to enable smooth transfer of house-ownership after her death. (1) Please inform us What are the step by step procedure. (2) From Where we can find nomination form, if required (downloadable ?)? (3) What is draft matter if a letter/affidavit is required ? (4) Where/to whom to submitt this papers ? (5) Also inform any other papers, needed for ownership-transfer in nominee's name, after owner's death.

sankar Krishnamoorthy   14 October 2014 at 13:10

Partition suit-unregistered will.

DEAR EXPERTS,DUE TO SOME SPELLING MISTAKES I AM REPEATING MY QUERY FOR THE SECOND TIME.KINDLY FORGIVE ME.

MY GRANDFATHERS WAS HAVING A PROPERTY IN T.NAGAR AT CHENNAI.HE WAS
HAVING 2 WIFE. I AM THE GRANDSON OF THE FIRST WIFE. I AM HAVING ONE
YOUNGER BROTHER.BOTH MY PARENTS EXPIRED.MY GRANDFATHER WAS EXPIRED IN
THE YEAR 1994,IN-ESTATE.

NOW ,WE HAVE APPLIED FOR PARTITION SUIT IN CHENNAI CITY COURT,WITH ALL
VALID DEATH CERTIFICATE AND LEGAL HEIR CERTIFICATE,10 MONTHS
BACK,ALONG WITH MY AUNT,YOUNGER SISTER OF MY LATE MOTHER.

THEY HAVE NOT FILED ANY COUNTER,TILL THE LAST HEARING.THE CASE WAS
MADE EX-PARTY IN THE LAST HEARING.BUT,NOW THEY APPLIED FOR SET-ASIDE
OF THE ORDER,AND FILED A COUNTER.IN THAT THEY SAID MY GRANDFATHER,LEFT
AN UNREGISTERED WILL IN THE YEAR 1993.BUT TO OUR BEST KNOWLEDGE THERE IS NO ANY
WILL. IN THAT THEY SAID THE PROPERTY WAS ASSIGNED TO THE SECOND
WIFE,AND AFTER HER DEATH IT WILL GO TO THE GRAND CHILDREN,KEEPING
THEIR SON AS A GUARDIAN.

THEY HAVE NOT GONE FOR PROBATION OF THE WILL TILL DATE.CAN WE FILE A CAVIET PETITION IN THE HONORABLE HIGH COURT?

THEY ARE ALSO TELLING THAT THEY ARE HAVING PROPERTY TAX AND UTILITY
BILLS IN THEIR NAME .HOW IS IT POSSIBLE WITHOUT THE PROBATE OF THE
UNREGISTERED WILL IN THE HIGH COURT?

HOW CAN WE GET THE COPY OF UTILITY AND PROPERTY BILLS?

WE DON'T HAVE THE SERVICE NUMBER FOR ELECTRICITY.

WHAT ARE OUR CHANCES IN THIS SUIT?

PLEASE GUIDE ME EXPERTS.

THANKING ALL OF YOU.

sankar Krishnamoorthy   14 October 2014 at 11:52

Partition suit

MY GRANDFATHERS WAS HAVING A PROPERTY IN T.NAGAR AT CHENNAI.HE WAS HAVING 2 WIFE.I AM THE GRANDSON OF THE FIRST WIFE. I AM HAVING ONE YOUNGER BROTHER.BOTH MY PARENTS EXPIRED.MY GRANDFATHER WAS EXPIRED IN THE YEAR 1994,IN-ESTATE.

NOW ,WE HAVE APPLIED FOR PARTITION SUIT IN CHENNAI CITY COURT,WITH ALL VALID DEATH CERTIFICATE AND LEGAL HEIR CERTIFICATE,10 MONTHS BACK,ALONG WITH MY AUNT,YOUNGER SISTER OF MY LATE MOTHER.

THEY HAVE NOT FILED ANY COUNTER,TILL THE LAST HEARING.THE CASE WAS MADE EX-PARTY IN THE LAST HEARING.BUT,NOW THEY APPLIED FOR SET-ASIDE OF THE ORDER,AND FILED A COUNTER.IN THAT THEY SAID MY GRANDFATHER,LEFT A WILL IN THE YEAR 1993.BUT TO OUR BEST KNOWLEDGE THERE IS NO ANY WILL. IN THAT THEY SAID THE PROPERTY WAS ASSIGNED TO THE SECOND WIFR,AND A?FTER HER DEATH IT WILL GO TO THE GRAND CHILDREN,KEEPING THEIR SON AS A GUARDIAN. IS UNREGISTERED WILL IS A LEGALLY VALID DOCUMENT?HOW CAN WE PROVE IT IS FAKE ONE?THERE IS NO ANY PROBATE OF THE WILL SO FAR.NOW ONLY THEY SAID THEY ARE GOING TO PROBATE THE UNREGISTERED WILL IN THE COURT,AFTER 20 MY GRANDFATHERS WAS HAVING A PROPERTY IN T.NAGAR AT CHENNAI.HE WAS HAVING 2 WIFE.I AM THE GRANDSON OF THE FIRST WIFE. I AM HAVING ONE YOUNGER BROTHER.BOTH MY PARENTS EXPIRED.MY GRANDFATHER WAS EXPIRED IN THE YEAR 1994,IN-ESTATE.

NOW ,WE HAVE APPLIED FOR PARTITION SUIT IN CHENNAI CITY COURT,WITH ALL VALID DEATH CERTIFICATE AND LEGAL HEIR CERTIFICATE,10 MONTHS BACK,ALONG WITH MY AUNT,YOUNGER SISTER OF MY LATE MOTHER.

THEY HAVE NOT FILED ANY COUNTER,TILL THE LAST HEARING.THE CASE WAS MADE EX-PARTY IN THE LAST HEARING.BUT,NOW THEY APPLIED FOR SET-ASIDE OF THE ORDER,AND FILED A COUNTER.IN THAT THEY SAID MY GRANDFATHER,LEFT A WILL IN THE YEAR 1993.BUT TO OUR BEST KNOWLEDGE THERE IS NO ANY WILL. IN THAT THEY SAID THE PROPERTY WAS ASSIGNED TO THE SECOND WIFR,AND AFTER HER DEATEH IT WILL GO TO THE GRAND CHILDEREN,KEEPING THEIR SON AS A GUARDIAN. THEY ARE ALSO SAYING UTILITY BILLS AND PROPERTY TAX BILLS ARE IN THE NAME OF THE SECOND WIFE.HOW IS IT POSSIBLE WITHOUT PROBATE OF THE WILL IN THE COURT?HOW CAN WE FIND PROPERTY TAX AND UTILITY BILLS ARE IN THE NAME OF SECOND WIFE?WHAT IS THE LEGAL REMEDY?WHAT ARE OUR CHANCES ?

Shailesh   14 October 2014 at 10:40

Query on rightful ownership of land

Only my father's name is present on the farm land Satbara official document maintained by the Revenue department of the Talathi office of the Village.
This was updated by my Grand father when he purchased some farm land through the money received after division of an inherited property.
My query is -
a) Is my father the rightful only legal owner of the farm land though this was brought from the money received through inherited property?
b) Can his brother's claim any right on this farm although only my father's name is available in the Satbara document?
c) How can my father transfer the ownership to my name?

Please guide on this.

Regards

Arvind   13 October 2014 at 22:34

My mother's land sold by some other person

My mother have a piece of land received from inheritance. All the papers of that property are with us and we are also paying tax. Recently we have constructed boundary wall on that land. Now a man filed a case against my mother saying that his land has been encroached by us. It has been learnt that some portion of that land was sold by a third person to that man who is claiming now. Please suggest what should we do?

VIJAY K. TEOTIA   13 October 2014 at 20:34

contract farming

is contract farming legally valid? Any agreement of lease pertaining to agriculture land in U.P. is legally enforciable?

Sita Vallabhav   13 October 2014 at 18:27

Partition of ancestorl property 1957... not given share

Respected Experts


My mother's father's inherited property was partitioned between my mother's 3 brothers after the demise of their father. The deed was registered during 1956 or 1959

The land property is still enjoyed by my mother's brother's childrens. They have not sold the property.

THEIR SOLE SISTER (my mother) WAS NOT GIVEN SHARE OR ANYTHING OR MADE PARTY OF THE DEED.

My mother IS NOT ALIVE. She has 4 children who are alive now.

Can we children claim a share in the property shared as per the above mentioned deed of 1956 or 1959 ?

please help me with legal answers sirs...

arunkumark   13 October 2014 at 15:11

Property claim by other than property holder

We are planning to buy a property owned by 5 members as per property extract provided by them (seller).We have already paid huge token amount and also signed mou with them. As per the procedure The advertisement was given in the news paper to finalise the deal and registration process etc.
Then We got a notice from the lawyer saying that his client is also the part owner of the said property as a sister of those 5 brothers whose name doesnot appears on the property documents.Those 5 brothers did not enter the name of thier sister saying she did not want her share so her name not included.The said sister is expired 20 years back and her son is claiming for this property and threatening us to file a criminal complaint as well as claim for the property making us also a party.We have already informed them that i am ready to compromise as i was in dark about your share, I can pay the amount of your share but he is saying he does not want to sale his mothers share.You can go ahead and buy other shares.The property partition is not done. Please advise wht are the consequences and how to come out of this.