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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Saravanan   30 August 2014 at 17:09

Encroachment

Hello,

Three months back I bought 3.6 acres of agricultural land in Tamilnadu. Subsequently, I measured the land with the help of an authorized surveyor to apply for Patta and noticed that around 0.1 acres being encroached by the adjacent land owner. The encroachment means he moved the land boarder (Varappu) on two sides. In one of the sides he planted coconut trees and the other side its barren land.

I had taken several steps to take back my land with mutual agreement. He is not cooperative.

One additional information regarding the land purchase is, he also, bought the land from the same land owner couple of years back. As per the root document, the owner split the land in to 2 parcels and sold at different times.

Now, I am intending to move the land border on both sides as per the record. Also, cut the trees, as its being planted in my land.

What legal action would this lead to? Or do you suggest any alternate action. Your advise is much appreciated. Thank you!

Arka Foundation   30 August 2014 at 15:16

Ancestral property - rights

One of my relatives came across this issue.
Kindly let us know the solution if any

Case : Property of Ancestors from elders to children

Old women has property on her name which is from ancestors.
She has 4 Children - 3 Female (got married) & 1 Son (married)

How will the property (assets) (Sthree Danam) gets / need to be shared - Old women passed away (Not sure about will)

Query1:
In case if there is a will already written by her. Are there any chances of claiming property for the daughters)

Query2:
In case if there is no will written by her What?

Thx & Rgds

Saloni   30 August 2014 at 13:34

Tenant refusing to vacant our house

Dear Expert,
my mom had leased our house on rent to a lady before 2 month, first day only we asked for her legal documrnts to prepare aggrement and police verification, she said she will provide it after 3-4 days as she cant find then due to packing unpacking.
after some days when we again ask for documents, she refuses and thrn next day she bought a fake agreement to us in which it was written that she is residing here from last 1 year. we refuses to sign on it and ask her to vacant our house and given her time
she start threatening us, even we notice sheis not a right lady as every night we all seems different different men coming along with her. it seems in our house prostitution activities are going on
we compaint against her in police station, they were on her side, she said infront of them i will not vacant their house do what ever you want.
even police men said to us, we cant do any thing still they havn't updated our complaint as FIR. we are afaraid of her as we know police is on her side.
Even she stop paying rent,electricity bill and water bill.
Please help us and provide solution what we can do in this situation
Thanks in advance

ADV-JEEVAN PATIL, MUMBAI   30 August 2014 at 13:00

NOC from ancestral property claimants

Two brothers n two sisters r having ancestral land n house at native place. 1 sister n 1brother expired. 1 sister n expired sister's son gave NOC to other brother to sell will or gift to whomsoever he likes n left the rights. There r no other legal heirs.
My Qs r :
1) Brother has got all ancestral property in his name.Can he Will same property to any one or even his above sister's son and/or even gift n sale it at his own sole descretion?
2) Queriest Ans is Yes, he can will to sister's son(myself) or gift or sale to any one since Affidavit-cum-Noc obtained from others(including myself)
3) I am seeking my expert friends opinion whether they differ from my view/opinion.
Thanks

Sumit Pandey   30 August 2014 at 11:30

gift deed

My friend maternal grandmother want to tranfer her flat to her daughter as gift deed. But the society is not giving NOC, they are asking them to take consent from her other children's.. So can any one help and explain what to do in such case???

Vijay   30 August 2014 at 11:25

need of a family tree verification

Sir, I have owned a site in a layout that was revenue land, coming under CMC and now under BBMP limits. I hav all ec for 30 yrs, sale deed, GPA deed, uptodate tax receipt, b khata etc... But not family tree of seller. Can this be a problem in future thru any claims by member of seller's family? Pl confirm its need in my case. This was purchased by my seller from other person in 1980.

rajesh   30 August 2014 at 07:37

Section 63 of bombay tenancy and agricultural act

I converted my only Agricultural Land situated in Maharashtra into Non-Agricultural and sold the all the plots. I do not have any Agricultural Land in my name or in name of my siblings, now I want to buy Agricultural Land in Maharashtra.

My query is:-
Can I buy Agricultural Land?
can I buy within 2-3 years?
is section 63 of Bombay Tenancy and Agriculture Act will barred me from buying it.
Please guide me with your expertise opinion.

rajesh   30 August 2014 at 07:20

Section 63 of bombay tenancy and agricultural act

I am a non agriculturist and bought a plot say 400 squ mtr. for residential purpose. a landowner prepared layout for his agricultural land wherein the said piece of plot is located and got sanctioned lay out from town planning authority, Maharashtra. The said Agricultural Land is Located in residential zone in Development Plan of Corporation. Without seeking non-agriculture permission from collector, he sold one of the plot to me after infrastructural development (internal, roads, boundary marks, open space etc. ).Whether provisions of sect 63 will be attracted and whether collector can act under sect.84c for forfeiting the land. If I do approach collector he may imposed conditions which would be difficult to fulfill.
I wish to seek your expertise opinion to protect my interest and authority.

Ganapth   29 August 2014 at 23:43

Panchayat office not accepting property tax

Dear Sir

I am 65 year old women, i got a house through registered will from my father both my parents are dead, i am sole beneficiary of the property located at valavanur village, villupuram district tamilnadu

i had applied to valavanur panchayat office, Executive officer and president to change my name in property Tax along with application and required fees i had attched my both parents death certificate, registered will copy, Encubrence certificate,and a legal opinion from Notary public lawyer ( legal opinion states i am the sole benificiary of the property )
All documents for property tax name change is very clear

but the panchayat office president & E.O not changing the name in property tax and Tax payment not paid for three years since my parents death,

through third party i came to know, person in panchayat office want to buy the property at very low cost, hence they are not allowing to name change in property tax

please advie me
1) to which higher official i should report district collector,Thasldar etc, about these corrupt people

2) what other possible option i had to solve this problem with less time frame.

thank you
Visalakshi

Anand Anand   29 August 2014 at 22:15

Ancestral property

Dear experts,my friend fathers has two wives.after the death of 1st wife he married second wife.1st wife has 4 female and 1 male and secondd wife has one male i.e my friend.my query is can my friend claim or is he entitle for the ancestral property as he being the son of second wife???as per hindu law of succession act.