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Ramkrishna   23 September 2014 at 17:30

Division of ancestral property

Respected Sir,
My father who is in charge of ancestral property wants to do a partition deed now.
Me and my wife are living separately and my two sons are living with her and both are working. We had neither applied for divorce nor separation, She and me had some difference and she asked me to leave her house (the place we live belongs to her). Now my question here is my father has 10 acres of agricultural land which is ancestral, now he wants to write a partion deed for five acres of it to me and retain five acres for himself and he wants to write a will dividing the remaining five acres into three equal parts for me and my two sisters.
Me and my children are not much in talking terms,If he gives me five acres and if I have to sell them I have to either take the consent of my children or I have to divide my share into three parts and then only I could sell my share (as far as my knowledge goes) and even the share which he proposes to give me in his will should be shared by my children.
Is there any chance I can retain the major share of the ancestral property and give them a lesser share as they are not looking after me.
And lastly can my father sell a part of the property for himself without the consent of his grand children. Please advice.
Thank you.

Sharada   23 September 2014 at 16:16

Co-applicants name in sale deed

Hello,
Could you please let me know if it is necessary for a wife's name to be present in the sale deed for a house, which she jointly plans to buy/co own with her husband.

Please note that she and her husband are joint applicants for bank loan for that house.

JAYESH   23 September 2014 at 14:08

Varsai

Sir,

My wife had died and I had remarriaged.

Is their my any right in my wife's property in her maika property ?

If yes, guide. If not is their any right of my children from my late wife.

Jayesh (Surat)
09099287105

Vipesh   23 September 2014 at 13:36

Eviction of tenanted room (pagdi system)

Hi

I have certain queries regarding Pagdi System Room

We live with our family in a Tenanted Room (Pagdi System) in South Mumbai. The Landlord has purchased the building couple of years back & is interested in Redeveloping the same. But he is not willing to make the Agreement with the Tenants. Since we have not given the Consent to him, he has filed a suit against us in the Small Causes Court for Eviction on various grounds.

Of all the Points raised by the Landlord for Eviction, i have Query for a couple of Points

1)He has asked the court for eviction on the grounds that the Tenant is having another Residential house in Mumbai in the name of his wife & that Eviction be allowed to him since the Tenant (my father) can move to the house of my mother.

2) Another point is that the Tenant & his family (including his children) is having good income & is capable of buying another house & so eviction be granted.

My Father is a Retired Person and as such he has no income

Is Eviction possible on the above grounds where there is actually nothing in my Fathers name apart from the said Tenanted Room

Request you to kindly give your input on the above.

Thanking you in Advance

Raj KIshore Tantia   23 September 2014 at 12:35

Land not given by seller after mutation

Sir I Have Purchased a Plot in unauthorised colony in Faridabad. The ragistry and mutation of such plot is being done in favour of me.But in the sale deed, the seller clarly mentioned that the physical delivery of land is already handed over to buyer but in practical the land is not handed over to me. I am also consult with our Patwari/Girdawar in this regard. The patwari says to me that the actual location of land is not mention in our ragistry deed. So the Patwari Says to Me it is mandatory for buyer a TATIMA from seller. How to solve this problem so that I can posses of such land lawfully sine seller is not coming from good society

gbkvittal   23 September 2014 at 11:39

Gpa /poa for multiple residential and open plots by nri

MY DAUGHTER AND SON IN LAW ARE US CITIZENS CURRNTLY THEY ARE STAYING IN USA.
THEY INTEND TO SEND GPA/POA FOR THE MULTIPLE PROPERTIIES SOME ARE RESIDENTIAL SOME OPEN PLOTSWHAT THEY POSSESS IN INDIA.
MY QURERRY IS FOR THESE MULTIPUL PROPERTIES ONE SINGLE GPA/POA IS SUFFICEIENT OR INDIVIDUL GPA/POA TO CONFERED TO ONE OF THEIRE RELATIONS THE SAME HAS TO BE REGISTERED OR NOT IN USA AS WELL AS IN INDIA.IS THERE ANY SPECIFIC FORMAT FOR THIS PLZ HELP ME IN THIS REGARD.GBKVITTAL

Ajay Kochar   22 September 2014 at 18:38

Regarding festival committee

Respected All,

I am living in one of the co-op hsg society in dombivli. Our society registered before 1.5 years and along with the managing committee one festival committee is also in the society. As i get the information from one of the member of the society that there is no any control of managing committee on festival committee. No any accounts is merged with the account of society. No any signatures on the notice and receipts provided by the festival committee.

I require your help, As a member how I get the information regarding accounts of festival committee? Is managing committee is also responsible for not controlling or not maintaining any accounts of festival committee? How they stick the notice on the society notice board without any signature? Its require permission of the managing committee to put the notice on notice board?

NIKHAT PARVEEN   22 September 2014 at 17:25

Undistributed property

I have purchased the land on 31/03/2013. there is a building of three floors. first and second floor i have purchased. ground floor is in the possession of another party.
there is a common area on the ground floor which is used for the purpose of Parking by the second party earlier (before the sale of land to me)park is car on the common land situated on the ground floor.
another party has included the common area in his registry papers.
when i purchased the land then another party is not allowing me to use the common land. what should be the solution of this problem ...kindly tell in the light of law.

Kumar   22 September 2014 at 13:34

Landlord played fraud on court; so want to file review petition on rca judgment.

Our landlord filed eviction and fair rent case against us. He got the judgment (RCOP and RCA) in his favor by arguing that he needs the property for his own use (running business).
Recently we came to know that he made a sale agreement on may-2009 while the case in the court (he filed the RCOP case on March 2009).
Now we got the certified document copy of the sale agreement from the Registrar Office.
The time limit of sale agreement is 15 months, but it can be extended with both parties mutual consent. The sale agreement neither executed nor canceled.
Landlord played fraud on court that is, he argued that he need the property for running business but he is trying to sell the property for higher profit.
RCA judgment was given on 24 july 2014 (Time for eviction is 2 months) we haven’t received the judgment copy yet now. We got the unofficial Xerox copy of it.
Our current lawyer is not impressed with the sale agreement evidence given by us. He also suppressed some valid points in his arguments. So we are looking for a good lawyer right now.
1) Now my question is can we file REVIEW PETITION together with application for condo nation of delay

2) Please clarify the time limitation for filing petition or appeal in the same court or in high court?
3) Advice about any other alternatives
4) We are looking for a good lawyer in Chennai, if anybody interested please reply.

Paresh Vaidya   22 September 2014 at 10:27

Exchange of flats in housing society

A and B have flats admeasuring same area in the same co-operative housing society in Mumbai City (townside). A’s flat is on 5th floor and B’s flat is on 3rd Floor. Now A and B are willing to exchange their flats. Since B will be shifting to upper floor, B has agreed to pay A some incremental amount.

My queries in this regard are as follows:

1. Whether there is a need to make two different sale deeds, i.e. (i) one for sale of flat on 3rd floor by B to A and (ii) another for sale of flat on 5th floor by A to B?

2. What will be the registration and stamp duty procedure? How much stamp duty will be payable on each agreement?

3. Let us say the selling price for 3rd floor flat is Rs 100 and for 5th floor flat is Rs 105. In such case, can the transaction be done only for net Rs 5, whereby B pays to A only net Rs 5?

4. Will there be any VAT / service tax on these transactions?

5. Whether any permission from
society is needed before entering into this transaction? Whether society will claim transfer fees from both A&B, even if it is merely an exchange of flats?

6. Simultaneous with exchange, A wants to add names of his six children, viz. three sons and three daughters (A doesn’t have living wife) to the new flat on 3rd floor. What will be the procedure to do so? Can so many names be added as co-owners?

Thanks in advance....