prasad sankpal
21 July 2014 at 15:47
The writ petition is disposed of in terms of the consent terms which are only between the Petitioners and Respondent Nos.x
and Y (out of 15 respondent). The consent terms are merely taken on record and marked.
Dear sir/Madam.
my question is 'If One of the respondent representative given written consent with keeping residence of building in dark or without taking prior approval from the residence ,then what course action left with residence ?
malathi sharma
21 July 2014 at 12:03
Sir,
A is the sole owner of a plot of land. He awards one-third of his plot as a gift to his sister with following conditions in the gift deed: (1) Either of the two partners can sell his/her share of the property only to the other partner and not to anybody else.
(2) Both the partners will always use the property jointly and will never partition it.
My questions are: (1) Is it possible to execute a gift deed with these conditions. If yes, would it still be called a “gift” deed.
(2) Would such conditions in the gift deed prevent both A and B from selling the plot jointly to a third person C. To sell their plot to C should they do something like this: first A sells his share to B. B then sells the entire plot to C and distribute the money among themselves.
(3) Few years later, A argued that since he was the executant of the gift deed and also he was the sole owner of the plot earlier, so the above conditions will be assumed to have been imposed by him, so he can always revoke the restrictions and sell his share to a third person C, in spite of his sister not wanting him to do so. Will the court allow A to do so.
(4) Suppose Mr. A died and D was his class I (or Class II ) heir. Can D overrule the above conditions and sell his share to a third person E or partition the property, in spite of his aunt B not wanting him to do so, or D will also be bound by the above conditions in the gift deed.
(5) If the above property is not a plot but a flat , say a studio apartment. We know that a studio apartment can not be partitioned or if partitioned will not be habitable. How will the court decide one-third of a studio apartment. If the property is a studio apartment, would it still be necessary to include the second condition above (about partition) in the gift deed to prevent the partners from partitioning the flat. How will the court allow to partition the studio apartment?
(6) Please advise how should A and B execute the gift deed to prevent each other from selling their shares separately to third persons or even partition the property .
Please answer all the questions.
malathi sharma
21 July 2014 at 11:57
Sir,
A and B together want to buy a plot of land with the following condition in the sale deed: "Whenever they will sell, they will sell the plot jointly and will not sell their shares separately."
My questions are: (1) Is it possible to execute a sale deed with such a condition.
(2) Few years later, Mr. A argued that the above condition was only for selling the entire plot. So he could sell his share of the undivided property to a third person C. Will the court allow him to do so.
(3)If the court did not allow him to sell his share of the undivided property , A argued that the above condition was only for the undivided property, so he moved the court to partition the plot and then sold his share of the divided property to C. Will the court allow him to do so this time.
(4)We know that a sale deed is a deed between a buyer and seller. So who according to the law will be assumed to have imposed this condition , the seller? or the buyers mutually on each other (given that nothing is written in the sale deed about who wants this condition to be imposed and why)?
(5) If according to the law the seller will be assumed to have imposed this condition will the transfer of property in this way be called a complete transfer. A argues that given the above condition , the seller still has some interest in the property. So, if after 10 years A somehow obtains consent of the seller and then sells his share of the (divided or undivided) property to C will the court allow him to do so this time.
(6) What should A and B do to prevent each other from selling their shares separately or even partition the property, given that they have to use only the sale deed for this purpose.
Please answer all the above questions.
Senthilkumar
21 July 2014 at 09:34
Dear Sir, In June 2013 i purchased a property at chennai and sale deed was executed under my name. Everything(My name, Address, property details) are perfectly mentioned in Sale deed. Recently i tried to check the Encumbrance Certificate for the property. In Encumbrance certificate it shows a different name against my property for the same sale deed number and date. My name is bit complicated in my mother tounge(Tamil).Sale deed was executed in English, but the Encumbrance certificate is in Tamil. So i believe this error happened due to translation from English to Tamil. Could you please guide me how this can be corrected?. Any legal issues are here?. I am bit worried about the way how TN Chennai Govt officers handle the people. So i want to handle this issue through Register post. Request your inputs and suggestions please....
Senthilkumar
21 July 2014 at 08:38
Dear Sir, In June 2013 i purchased a property at chennai and sale deed was executed under my name. Everything(My name, Address, property details) are perfectly mentioned in Sale deed. Recently i tried to check the Encumbrance Certificate for the property. In Encumbrance certificate it shows a different name against my property for the same sale deed number and date. My name is bit complicated in my mother tounge(Tamil).Sale deed was executed in English, but the Encumbrance certificate is in Tamil. So i believe this error happened due to translation from English to Tamil. Could you please guide me how this can be corrected?. Any legal issues are here?. I am bit worried about the way how TN Govt officers handle the people. So i want to handle this issue through Register post. Request your inputs and suggestions please....
Thank you!!!
vinayak deshpande
20 July 2014 at 19:22
Sir,
I have purchased single flat from builder who is also a very well known company in consumer goods. The building has received oc in 2003 and i have purchased the flat in 2004.My agreement mentions area of 990 sqft carpet.recently all the residents have received notice from BMC that 2 flats are amalgamated illegally by every one and should be brought back to condition shown on OC. After getting the oc in RTI , it shows two separate adjoining flats of smaller size.Since I am civil engineer by profession; i checked and found the RCC structure is made for bigger size flats and BMC is involved in this fraud from very start.Certain cases are filed earlier by other similar building in our plot against builder for insufficient parking available on ground and i feel hence they have issued this notice.please guide for legal remedy. i am feeling cheated.at this point i am not getting any buyer due to this complications.
ADV-JEEVAN PATIL, MUMBAI
20 July 2014 at 18:16
Leave & License Registered Agreement executed for 15 months only in Mumbai is legal and regular to safeguard the interest of Licenssor. Normally LL is made for 11 months.If it is for 15 months, Would it meean lease since it is more than 11 months.Your advice is solicited.
Jp
SRIPRAKASH DAGIA
20 July 2014 at 14:32
Dear Sir,
pls let me know abt the consent letter for redevelopment of CHS.
our CHS want's to go for redevelopment, kindly provide me a sample copy of consent letter in details.
Prakash Dagia.
email ID : sriprakash2005@gmail.com
your help is highly appreciated.
Member (Account Deleted)
20 July 2014 at 14:27
I AM 33 YEAR OLD HOUSEWIFE IN MUMBAI.
MY BROTHER IN LAW HAS TRANSFERRED MY IN LAWS PROPERTY IN HIS NAME BY OBTAINING CONSENT FROM MY HUSBAND AND OTHER SISTERS. BEFORE OUR MARRIAGE IE IN THE YEAR 2002.
NOW MY HUSBAND IS NOT BOTHERED ABOUT HIS SHARE IN THE PROPERTY. HE DOESN'T WANT TO PROCEED LEGALLY IN THIS MATTER.
1)CAN I DEMAND SHARE ON MY HUSBANDS BEHALF OR ON MY DAUGHTERS BEHALF.
2)I DON'T HAVE ANY PROOF OR DOCUMENTS WITH ME IN REGARDS TO THE PROPERTY.
3)AM I LEGALLY LIABLE FOR ANY SHARE IN THE SHARE AS THE PROPERTY WAS TRANSFERRED BEFORE OUR MARRIAGE.
4)HOW SHOULD I PROCEED?
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Final payment receipt copy from cidco
Hello sir/mam,
I purchased a flat 3 yrs ago in nerul and I have done all documentation. But now I need to sell this flat and came to know that final payment receipt from cidco is not with me though I have paid all amount asrequired.I have consulted my lawer and he said he forgot to give it to me and now it has to be retreived from cidco. Kindly let meknow how much time does it takes n what is the procedure to get it. As I need to sell this flat n how important that receipt is to sell my flat.