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

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Chakravarthy   18 August 2014 at 08:21

Guidance

I have bought an old residential property measuring 815 sqft which has a return frontage out of original property of size 15 x 70 feet = 1,050 sqft. in 2014. My property entry side has about 15 x 55 feet and a private passage of size 3.75 x 17 feet to main Bazar.
In 2007, My vendor has conveyed 11 x 17 feet which is 187 sqft in Bazar Side as a vacant land, which was again conveyed to another person in 2008 as vacant plot. The new purchaser has constructed a G+1 Shop, encroaching 1.5 x 17 feet from my common passage. Conveyed Commercial site boundaries are clearly mentioned where western boundary is a common wall. Record is there for western boundary which is half foot belonging to either parties. While purchasing the property we have protested the vendor regarding discrepancy for which the vendor said this was a clear encroachment and informed and protested verbally and in our title the passage is 3.75 x 17 feet whereas now we have only 2.25 x 17 feet. Now we are constructing new residential building and settled common wall with major western and eastern neighbors in writing. This southern neighbor we have agreed to pay the common wall expenses who has permitted to roof concrete which is touching 11 feet in the south side and 17 feet on the west side. Is there any way to reclaim our 1.5 feet x 17 feet encroached land by the shop owner?

Advance thanks. Kindly guide us experts.

sandeep padia   17 August 2014 at 22:39

Purchase

I want to purchase a house in Gorai mahada condition room .what document should I take from seller.and how would know its original or not.plz answer my query.

Dhruv Tank   17 August 2014 at 20:07

Procedure to ask previous owners of a property to vacate

Hello,

I wish to know the legal procedure to ask previous owners of a property to vacate after the property has purchased by the new owners.
Also, are the laws for the same subject different on the basis of the price of the property (say more than Rs. 1 crore)?

Looking forward to experts' help.

Thank you.

satish Mahla   17 August 2014 at 19:13

Any deterimental effect of my previously recorded statement in the gift deed to my parents.

Please Input your Best & expert Advice !

We were residing away from my hometown(close to my in laws place) and I was posted away so I made the GPA on my mother`s name so that my parents can look for better tenant and sign the rent agreement in our absence but in Era of rapidly deleting social & moral values,my wife joined hands with her greedy parents and had the desire to settle permanently close to them.
In fact my wife had expressed her inability to look after the hometown house with the malafide intention to sell the house but with positive attitude I made GPA on my mothers name being unaware of her malafide.That is why she immediately filed the suit for P & M Injunction and simultaneously filed DV case u/s 12 and harassed me by all worst possible mean ways to compel me to sell the house.
That after sometime my wife withdrew the civil suit by submitting before the court.

Statement in Hindi read ditto as follows:-Byan kiya h ki mai Prtvadi ko Hamare Ghar me aane se kabhi mana nhi karungi Aur Hum sath-sath sukh -shanti se rehenge.Mai apni taraf se kisi prkar ki koi Anaitik(Amoral) batt na karungi.Moujuda Dawa Vapis Leti Hu.

Court reader also asked me to sign the prewritten statements and the Hindi written lines read ditto as follows:-
Byan kiya h ki Mai Vadhiya ko apne ghar me sukh -shanti se rakhunga aur kisi prkar se tang nhi karunga.Hum khusi-khusi sath rahenge.Na Hi Mai Ukt Makan No 1234/6 Ko Bachne Ki Chestha Karunga.(I will not intend to sell the house number 1234/6.)

That the Court order of the same day also read ditto as follows:-Written statement and reply to the stay application not filed.Same to be filed on 10-08-2010.Plaintiff has submitted that she wants to withdraw the present suit.Now to put up on 10-08-2010 for consideration on that point.At this stage one date is requested by the plaintiff.

And the final court order on 10-08-2010 read ditto as follows:-Heard.In view of the statement made by the plaintiff,Neelam on 21-05-2010,present suit of the plaintiff is hereby dismissed as withdrawn.File be consigned to the record room,after due compliance.

That as my wife in collusion with her parents was all set to flee back close to her parents with the proportionate sale amount and tried to implicate me in 6 total false criminal cases including All out poisoning case and created the circumstances and threw me out of the house.
That then to save home from permanently breaking and for the children I gifted my house to my both parents.Now again she filed the civil suit for PI and for the cancellation of the gift deed in pursuance of my statement given(I will not intend to sell the house no 1234/6) during previous suit.
Kindly advise as the previous suit was withdrawn by her only.That she is staying in the house and getting maintenance under DV case.
Thanks & Regards in Advance. Pls. Help !



Nishant Choudhary   17 August 2014 at 17:35

Joint Registration of Flat

Dear Sir(s)
We are getting the joint registration of a flat. Joint registration among father and daughter. Flat was allotted to father. Daughter paid all the dues, even home loan EMIs are being paid by her.
Now, what is the best method to get this transferred to daughter..Partition deed
Succession deed or release deed.
What is basic difference in these deeds.

As Gift deed is not permitted by the Organization.

ajeetkumar singh   17 August 2014 at 13:26

Renting - risk of hijacking

Hello,

I want to know the risks or traps involved in renting a place.

Scenario: I own a 225 sqft commercial land on first floor in a mall at bhandup, Mumbai. this land was compensated to me in 2011 from MMRDA (Mumbai Metropolitan Regional Development Authority) because they cut off half of my land at andheri-ghatkopar link road for Metro Rail project.

Since then i've been renting this land on "11 months contract" basis and have been revising this consecutively . Next month I will renew the contract 4th time for 11 months. I do police verification and affidavit of contract.

Queries:
1) Is it possible that LICENSEE ( an social organisation through his president) can claim over my land?
2) In what cases I may land into problems, like i kept on renewing for 10 years (like 11 months+11 months+11 months upto 10 years or more.)?
3) When should I terminated the contract or is it ok if i renew 11 months contracts. or what are the suggestions i must follow.
4) How can I keep a track of movements and which licenses are necessary to make to avoid mess.

Note: as per rules of MMRDA i can not "sell" this land for 10 years. Electricyy bill is on my name only.

Contract copy: https://www.dropbox.com/s/v6ekumwvsoyune6/Contract.pdf
Responses will be greatly appreciated.

Thanks and Regards,
Ajeetkumar Singh.

Milan   17 August 2014 at 10:26

Rent receipt for pagadi tenant not given inspite of being paid

The landlord of tenancy property under pagadi system took rent in advance for a year as he usually does but this time kept avoiding to give receipt under some pretext or other.Its paid in cash. Now he has sold his ownership rights to someone and has shifted to some other premises. we dont know who he is. He said I am no longer the owner so he is not liable to give one. He is doing this so he can harass us to leave the prime property with less money . what is the recourse?
We have all documents required to show legitimacy of the tenancy rights.

mehboob   16 August 2014 at 18:50

Women right in property matter


Dear Sir/ Madam,

This is reference my mother (Muslim) property (Agriculture land in Karnataka) matter, My Mother has only one youngest brother,now they want share their property right,but when my mother demand her share right, they had prepared fake bond document with fake thumb impression say that i am will fully giving my share to my youngest brother,but as per mother concerned no such documents is prepared & sign, this documents has prepared in back date (1986) & all witness are died to said document.

Kindly help us to resolved the said matter.

Thanking You,

With Best Regards

Mehboob

Pradeep   16 August 2014 at 15:20

Property

Respected Sir,
My parents died in road accident 10 years back. My father executed a Will during his lifetime. My sister inherited a house as per that Will. Now I have applied for probate of the Will.
My sister on one hand is opposing grant of Probate (as she is eyeing larger share in my father's property)and on the other hand is trying to sell the house inherited by her through the Will.
Since the Will has not till now got legal validity (as probate has not till now been granted) is it possible to get the sale registration deed cancelled if she succeeds in selling off the house (which she inherited through the Will) through Sale registration deed?

Mayank   16 August 2014 at 14:46

Renewal clause in rent deed

Hello. I am doing a rent deed with a party where I am the lessor. The lessee has put the following clause which I doubt may give lessee to renew the deed at their own will.
Please see if it is safe to agree with this clause.
The clauses are:
"3.The Monthly Lease rental shall increase by 5 % at the end of every year of the last paid amounts and as mentioned in the schedule. However there shall not be any corresponding increase in the Deposit amount. The date of commencement and expiration of the Lease shall be as per the schedule. Renewal of the said Lease Agreement would be at the exclusive option of the Lessee. However, there will not be any increase in the security deposit during the entire tenure of the Agreement."

and

"6.Renewals:The Lease shall be for a period/term as mentioned in the Schedule. The Lessee may express its sole intention for extension/renewal of the Lease and shall execute by issuing a written notice to the Lessor three months prior to the expiry of the Lease. In the event of the Lease term being extended/ renewed, the same shall be evidenced by a fresh Lease agreement containing terms mutually decided and agreed by the parties. "