risheta
09 July 2014 at 13:00
acc to the deed of my house, the house is divided between the brothers and it was mutually decided to keep the entire front area (parking plus lawn/garden ) as common parking area
now one of my brother has sold his part and the new owners are troubling us regarding the parking.
they are telling us to break the compound wall which has the gate and demolish the lawn
is there any way we can get a court order preventing them from breaking the wall and making a new gate ?
p.s. there are 4 court cases 2in fast track court regarding the property
Manoj Popalbhat
09 July 2014 at 12:56
Hello Sir,
In 1987 my Father , his younger and elder brother purchase a land at village of 00.01.00 Acre and then built the house.Both younger brother trusted on elder brother and put only his name as owner of land.
But on house tax extract (8/A extract) put all three brothers name and later on made it separate for house only.Then again in front of the house all thee brothers purchase 00.01.00 acre land and made elder brother as owner.
But now days elder brother is saying that the land is mine you can not enter in my land but we don't have any road without land next to our house.
So what should we do now ?
Please suggest.
vinay khanna
09 July 2014 at 12:55
My mother executed a valid registered will.The said will is genuine and is
more than 30 years old.( 30 year old document proof may not be required) In
terms of the said will the testatrix bequeathed her 1/3rd share in one house
property in New delhi in my favour.I have three sisters and Late brother. I
have made a probate petition unknowgly. If the three sisters give me a
affidavit stating the the said will is genuine and according to the affidavit the
land & development mutates my name in its records as far sister are
concerned. Brother children are not yet willing to give no objection,may
give later on.One witness to the said will has already given affidavit in court
that the will was validly executed. If for any reason the probate fails then in
that case ,will the mutation done in my favour on the basis of sisters affidavit
also fail and can sisters claim back the share.
kindly do not print my name
arc_2014
09 July 2014 at 12:42
Is it necessary that the date of signing the agreement by both parties and the date of notary attestation be the same.
chandra hebbar
09 July 2014 at 12:18
Dear Sir,
Recently I have booked under construction apartment.And during agreement builder mentioned i am eligible for common areas.Is it includes car parking also in common areas.He forced me to purchase car parking.But he is not ready to show in agrement.I rfused to purchase car parking,in future if i want to park my car am i eligible.Or what builder told me is legally .Most of the people while agreement they given money for builder for car parking.Me and other 2 people not given.Builder told us in future you cant use same parking slots.I am in confusion .Is ther any legal help to proceed further.
Regards,
Chandra
Atul Kumar
09 July 2014 at 11:30
Dear Sir,
The attached file is an Exchange Deed. in this deed FSI area exchange with a land.
the attached file not found so I have post deed in this massage box : -
EXCHANGE DEED
1. MARKET VALUE : ₹ 50,00,00,000/-
2. STAMP DUTY : ₹ 2,50,00,000/-
IN CONNECTION WITH THE a Plot of Land in the Jaypee Greens Sports City admeasuring 21622.6 Square Meters (approximately 5.34 Acres) being Plot No.GH-B1, situated at Sector-25, Jaypee Greens Sports City, SDZ, Yamuna Expressway Industrial Development Authority Area, District Gautam Budh Nagar (U.P.).
This Exchange Deed through Assignment is made and executed at GREATER NOIDA, GAUTAM BUDH NAGAR on this _________ Day of July 2014, between M/s. P.A.R.Y. Developers Private Limited, (PAN-AADCP4564C), a company duly incorporated and validly existing under the provisions of the Companies Act, 1956 and having its registered office at 167, Sukhdev Vihar, New Delhi-110036, through its Director/ Authorized representative Mr. RAJAT DUA, S/o. Shri S.L. Dua R/o 6/2, Jangpura-B, Ground Floor, New Delhi-110014 duly authorised by Board of Directors vide Board meeting dated _______________ held at registered office of the Company (hereinafter referred to as the “Transferor”), which expression or term shall, unless excluded by or repugnant to the context or meaning hereof, be deemed to include its legal heirs, executors, successors and legal representatives) of the FIRST PART.
AND
M/s. Solitaire Realinfra Private Limited, (PAN-AACCH4156K), a company duly incorporated and validly existing under the provisions of the Companies Act, 1956 and having its registered office at D- 835, New Friends Colony, New Delhi- 110065, India (PAN-AACCH4156K), through its Director/ Authorized representative Mr. Harjeet Singh Sahni, S/o. Mr. Manmohan Singh Sahni, R/o. D- 835, IInd Floor, New Friends Colony, New Delhi- 110065, India (PAN No- AAWPS4765J) duly authorised by Board of Directors vide Board meeting dated 22.01.2013 held at registered office of the Company (hereinafter referred to as the “Transferee”), which expression or term shall, unless excluded by or repugnant to the context or meaning hereof, be deemed to include its legal heirs, executors, successors and legal representatives) of the OTHER PART.
Whereas the Transferor aforesaid is an Allottee/Sub-Lessee and in possession of a Plot of Land in the Jaypee Greens Sports City admeasuring 21622.6 Square Meters (approximately 5.34 Acres) being Plot No.GH-B1, situated at Sector-25, Jaypee Greens Sports City, SDZ, Yamuna Expressway Industrial Development Authority Area, District Gautam Budh Nagar (U.P.), (hereinafter referred to as the “First Schedule Property”).
Whereas, the Second Party is the absolute owner/Sub Lessee of a Plot of Land in the Jaypee Greens Sports City admeasuring 45389.00 Square Meters (approximately 11.215 Acres) being Plot No.GH-B2, situated at Sector-25, Jaypee Greens Sports City, SDZ, Yamuna Expressway Industrial Development Authority Area, District Gautam Budh Nagar (U.P.) (hereinafter referred to as the “Second Schedule Property”).
AND WHEREAS the Sub Lease Deed in respect of the First Schedule Property has been executed by and between Jaypee Sports International Limited & Transferor and same was registered with the Sub-Registrar, Gautam Budh Nagar in Book No.1, Volume No.13592 at pages 237-612 at Sl. No.15862 on 27.06.2013.
AND WHEREAS the Sub Lease Deed in respect of the Second Schedule Property has been executed by and between Jaypee Sports International Limited & Transferee and same was registered with the Sub-Registrar, Gautam Budh Nagar in Book No.1, Volume No.14745 at pages 71 to 136 at Sl. No.32715 on 27/12/2013.
AND WHEREAS the TRANSFEROR aforesaid has obtained permission to transfer the said Property in favour of the TRANSFEREE from the Yamuna Expressway Industrial Development Authority vide transfer Memorandum No._________ on DATED _______________, hereinafter referred to as the Transfer Memorandum.
And whereas the Transferor aforesaid has sold and transferred the above said Property in favour of the Transferee. That the Transferee give and transfer his right in Second Schedule Property in favour of Transferor to Construct FSI area 950000.00 Sqft. (88264.53 Sqm. approximately) as a Consideration in respect of the First Schedule Property and the Transferor have also agreed to acquire the same.
NOW THIS TRANSFER DEED WITNESSETH AS UNDER:-
1. That the consideration of the First Schedule Property has been settled to as, Transferee give and transfer his right in Second Schedule Property in favour of Transferor to Construct FSI area 950000.00 Sqft.
2. That the Transferor shall construct FSI area 950000.00 Sqft. on the Second Schedule Property and Sale/Transfer the said FSI Area.
3. That the both Parties aforesaid has assured the each other that the said Properties is free from all sorts of encumbrances such as charges, sale, lien, gift, pledge, loan, dispute, mortgage, litigation and attachments.
4. That the Transferor has transferred all his rights and interests in the First Schedule Property TO HOLD the same by the Transferee finally, absolutely and forever.
5. That the Transferor has handed over the vacant and actual physical possession of the First Schedule Property to the Transferee aforesaid on the spot.
6. That the both Parties aforesaid has assured the each other that Transferor is liable to make assured that the Transferee will be the confirming part of further Transfer/Assignment Deed which will be executed by Transferor as further Transfer of FSI area.
7. That the Transferee give only FSI construction and Sale rights in the Second Schedule Property to the Transferor.
8. That the Transferee is aware that the residential building on the above said Property is to be constructed with such area as is required to be counted as per the Rules and Regulations of YEA.
9. That the Transferee is entitled to enjoy the full rights of the said Property and is entitled to further transfer/construct the residential building on the said plot according to the bye laws of the YEA.
10. That the Transfer Memorandum issued by YEA is the part of this Transfer Deed and Transferee is bound by the terms and conditions mentioned therein.
11. That the Transferee shall be bound by the terms and conditions of the Sub Lease Deed executed between Vendor & Transferor on dated 27/06/2013 subject to the change mentioned in the Transfer Memorandum otherwise from time to time.
12. That the Transferee shall enjoy the lease hold rights of the above said Property for the balance period of 90 years from the Lease Deed upto 23/09/2099.
13. That the Transferee automatically would inherit all the assets and liabilities connected to the above Property relating to deviation made in building viz building plan approved by the YEA.
14. If the Transferee does not abide by the terms and conditions of the Lease Deeds and residential purpose framed by the Authority then the lease may be cancelled by the YEA.
15. That the vacant physical possession of the above said Property has been handed over by the Transferor to the Transferee. Hereafter, the Transferee shall peaceably and quietly continue with the possession and enjoy the same in accordance with the terms and conditions mentioned herein without any let, hindrance, interruption or disturbance from the Transferor or from any person in any manner whatsoever, provided the Transferee adheres to and abide by the terms and conditions of the said Lease Deeds & Conveyance Deed.
IN WITNESS WHEREOF the Transferor and the Transferee have set their respective hands on this Transfer Deed on the Day and month above written, at Noida, Distt. Gautam Budh Nagar, U.P., in the presence of the following witnesses.
WITNESSES:
1. (TRANSFEROR)
2. (TRANSFEREE)
Deshpande Makarand R
09 July 2014 at 09:53
I have entered into an sale agreement with a builder to buy a flat.
There are 2 mistakes/typo errors on the main stamp paper . The first party name is not mine and the building name has been mention as Tower B Sheekhar instead of Tower A Sannidhya.
All subsequent pages have the correct first party name and address.
I pointed to this to the builder and he says that as long name and address is correct in the subsequent pages there is no issue. Moreover he says this document is null and void once the Dastavej is done where he shall ensure correct name and address.
abhay dilip divate
08 July 2014 at 18:02
Respected Sir,
I want to know, if son died without leaving will and he has wife, two sons and mother. Then, does the mother have legal right over the son's self acquired property with deceased wife and son as per Hindu succession Act?
Thanking you.
Prabhu M
08 July 2014 at 16:57
Hi,
I have rented out my property. I haven't made any agreement with the renter. Is there any way the renter could claim that the property belongs to him. I have heard from my friends that by paying property tax for few years or by residing as a renter for a long period, the renter could claim that the property belongs to him. How can I protect myself against such claims?
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How can a registered will reversed?
Dear Experts,
Here is a scenario I need your help. Your advise on how to go about will be immensely appreciated.
My mother's grandmother who had a property in Chennai in her name (bought from her husband as sale deed in 1934) was made to sign a will as follows by my uncle with witnesses he knew and was registed:
''After my death, my only daughter and her husband (still alive) to enjoy the property without selling rights. After their life time, the property to go to my elder grandson (also executor of the will) and my younger grandson's wife''
There are 4 grandchildren born to only daughter for the will maker - my mother, my mother's elder sister, elder brother and younger brother.
Now, we came to know about this will and we fought with my uncle. We know legally there is no ground for us. After years of fight my uncle agreed to give us share in the property and had asked us to find out a solution.
We have consulted over 5 advocates and each one is saying different solutions like
1.we have to wait till my grandparents expire since they have life interest and my uncle and aunt have no power now
2.my uncle and aunt can write a declaration saying he and my aunt doesn't need the property and if done the property goes back to my grandmother and she can make deed
3. my uncle has to give a release deed and aunt a sale deed (since not blood relative)
Request you to please suggest how to go about it or is a way to do anything on this. We are sure if we wait till our grandparents expire my uncle and aunt will not agree to give share.