respected sir i wanted know about the property which was purchased by my father before 35 yrs the seller sold the property that is 14*40 & gaved extra passage of 3*40 we built it before 35 yrs it self which is registerd under saledeed & it has a bathroom 3*6 feet which is not under the sale deed the measurement is not in the sale deed which was given by the seller at that time now it the seller is is dead but know the 1 out of 8 legal heirs of the seller has draged us to court that he was minor at the time of sale deed as it is ancesstrial property & he has made the false allegation that we have constructed the property before one year itself know he is caliming the passage3*40 as common passage that is not mentioned as common passage in the sale deed & 3*6 bath room that which is under single roof that they have not sold to us & they filed the suit that we have constructed before one year it self we have the proof of video coverage were the marriage of the sellers son was arranged in the disputed property before 20yrs & a plan from sanitary board that we have constructed the property before 30 yrs itself & muncipality has attached the 3*40 and made the khatha before 12yrs back it self knw they wanted us to bemolish the door whih is constructed on the passage & to demolish the bath room which is end of the passage know we have sold the property to another preson even that guy is also attached to the case is there any limitations to file the suilt by the legal heirs if not is there any provision to purchase the property from the legal heir here tghe problem is that the legalheir wanted to purchase the disputed property before he filed the suit which we had sold to another guy in vex he has filed the case i hope u have understood my problem sir if u give me any idea to get rid from this dispute it will more helpful it is my humble request to me thankyou your faith fully rahmathullasp
RK
04 July 2014 at 12:18
Dear Sir,
I am 25 years old, and I have a elder brother who is 45 years old. We have a landed property area of 450 Sq mtrs out of which 200 sq. mtrs land has a license/ patta on which RCC 4 stored building constructed, and remaining 250 sq. mtrs. are still in our encroachment.
My father made a WILL that both the properties should be shared equally by us (two sons) after his death. i.e. equal in 200 Sq Mtr. of Land and as well as in building, and 250 sq. mtrs. of encroached land.
My father died on 22.11.2011, and later on my elder brother who took care of me that time was taken a NOC from me on a white paper and mutated the land an area of 200 Sq. mtrs. in his own name on which RCC 4 stored building constructed.
And now he wanted 150 sq. mtrs. more from the encroached land.
1. What is the remedy available for me on the mutated land of 200 sq mtrs?
2. Can I claim my share on the RCC 4 stored building?
Thanks in Advance!
Ranjith
04 July 2014 at 11:20
My grandfather passed away in 2009 without leaving behind any will. When my father and his brother split grandfather's farm (self-acquired) of 24 acres, my father received some extra land than his actual share (as he shifted the family loan onto himself and cleared it on his own many years ago). The extra land which he got is registered as if my uncle (father's brother) sold it to him. However, on the registered document, there was no sign of my uncle's daughter who was a major by then. She only signed as one of the witnesses. This happened over three years ago, and now we want to sell our total share in the farm. Will there be any problem in the future. I want to know whether or not my uncle's daughter has rights on the land that her father sold to my father. Any suggestions will be greatly appreciated.
Member (Account Deleted)
03 July 2014 at 23:33
I booked a flat in down payment plan on 19th march 2012 in Mahagun Mascot, Crossings Republic, Ghaziabad.
After two & half years, I was informed verbally by Mahagun that they didn't get permission from Ghaziabad Development Authority to construct unit above 17th Floor.
My unit is on 20th Floor of the Tower.
Its a criminal case of Cheating & Fraud where I have been Paying high EMI @ 11% to Indiabulls for all these years amounting to around 5 Lacs for the Units which doesnt even exist.
How come Mahagun sell the units without permission of doing so ?
Today they asked me to visit their office for discussion regarding the issue.
I totally disagree with their option of shifting to another project which is in Noida extension, with very bad location & development of the new project.
Mahagun Mascot is located at a very good location & the connectivity is superb that is why I booked 2.5 years ago.
I demand refund of my investment at the current market rate of my flat in Mahagun Mascot which is between 42-45 lacs.
Ms. Shilpi ( Representative/Employee from Mahagun ) was very rude to address my grievance & she was treating me as if I have done a crime.
Builders have become heartless dacoits & do rob pocket of common man who dares to book a flat in their project.
What legal options are available in this case ?
Ranjan
03 July 2014 at 23:25
Dear Sir/Madam,
Due to recent order of NGT within 10 Km of Yamuna Bird Sanctuary, the Occupation Certificate (OC) for our flat is held up. The Builder has now suggested to give a Provisional OC. I would like to know the following :--
a) what is the legal value of such document
b)can i, as a buyer, move in the flat with such document ? will it invite wrath of NGT resulting in prosecution / penalty by the court ??
c) what are other related problems if one moves to flat w/o a proper OC ?
SAILAJA
03 July 2014 at 22:06
Dear sir,
Please let me know how may I help a mother who is eager to bring up her children and give them a good life.
Her husband was a central government employee and took VRS 8 years ago. He was not working since then but kept spending this money for selfish reasons keeping his family away from the money. He was living with the family(with spouse, 4 children: 2 daughters and 2 sons). He was up to no good to the family reason being he was a sadist, self-obsessed & always ill-treated his wife and children very badly since their childhood. The family had to bear his cruel behaviour only for the reason that he might change later atleast & give good education to the children and perform their marriages at the right time. But after his VRS to left the family taking away all the money. Even his relatives doesn't know his whereabouts.Moreover he is not a one women man but always suspects his wife and his children to defame them in the society and thereby cover his mean behaviour with the family.
To be very frank His wife and children are well-mannered in the society & due to their hard work have earned a good name in the society and grew au accordingly. They never let the neighbours know of the worst situation they were facing so long. Becoz just to safeguard the respect that they gained so long.
Now his wife and her children are living in the same house left by the man half built. The relatives are not sound enough to help them financially. The children since childhood are very hard working and got educated themselves in a school. they have been doing part time jobs to meet their needs. Now they grew up. The family members extended and completed the half built house. But unfortunately the house was in their fathers's name as earlier. Their mother wants her 2 daughters to get married in good family as they now grew up. She needs money for marriage expenses. But she is left with no money.Money which sons earn just enough to run family daily.
Sir, Please let me know if she can get a loan on the house they are living in order to get her daughters married which is her priority now. Also, Can she part with the property to all the family members to protect her's, daughters's & son's right in the house. She claims that her husband might even deceive by giving ownership of the house to some other(s) with whom now he is living with. people say he is enjoying his life without taking responsibility of his wife and children.
Sir, Please help the family and his wife who is struggling to give her children a good life atleast so that they won't be on roads when the deceiver man returns home with evil reason to make children and wife homeless.
Sir, please help the family answering to this email at the earliest as the mother is becoming sick frequently due to family tensions. Plz help help her by letting her and her children know of their rights over the man and his property..
Eagerly waiting for the reply of your goodselves sirs! Thanking you once again sir!
amit
03 July 2014 at 21:55
My mother has disowned me and i have invested money in her property.How can i get my share?
Vivan
03 July 2014 at 20:12
I am a resident in Mumbai suburb governed by housing society. Had purchased the stilt parking lot in the second sale from the previous occupant by making the sale deed. Have paid the required stamp duty. But has not done the registration of sale deed. I am told that registration of parking lot sale is not required. Would like to know the guidance from experts in the field to know if registration is required to be done and if so, is there any time limit for the same? If the registration is to be done – is there any involvement of housing society necessary? Regards
Anonymous
03 July 2014 at 20:03
dear sir,
plz read care fully and tell me exact answer.
mera sautela bhai, shadi karke apni wife ke sath usi ki property par rahne laga(gaddi par) usse do betiya hui, baad me mera bhai mar gaya, aur meri bhabhi ne dusari shadi karli aur mere bhai ki betiyo ko bhi apne sath rakha, kabhi hamse ya hamare maa baap se koi wasta nahi rakha, aur meri bhabhi ne apne baap ki property matlab bhai ki (gaddi) ko bhi bech dala.
mere sautele bhai ki jo do betiya thi, usme barhi wali larhki ki shadi hui thi jisse do beti hui, aur wo mar gai, fir meri sauteli bhabhi ne apni marji se barhi larhki ke pati se chhoti wali larhki ki shadi kar di ki uske dono baccho ko chhoti wali sanbhal legi,
durbhagya se wo admi bhi margaya jisse sauteli bhabhi ne apni dusari larhki ki shadi ki thi, BAAD ME MERI SAUTELI BHABHI NE DOBARA APNI CHHOTI WALI LARHKI KI SHADI KAHI KAR DI HAI
plz mujhe ye bataye ki, meri sauteli bhabhi kahti hai ki mera aur meri betiyo ka hak hai meri property me, jabki mai sirf akela waris hu, mere father ki maut ho chuki hai aur unhone property ko mere aur meri maa ke naam wasiyat kar chuke hai.
kya meri is property me meri sauteli bhabhi ya uski larhki ka koi hak hai, jabki sauteli bhabhi ne dusari shadi karli hai, aur uski beti ki bhi shadi ho chuki hai.
Legal possession and trading of gemstones
I am a Law student. I am studying a project on Regularisation of antiques and gemstones trading in unorganized sector, creating awareness among public the pros and cons, thereby leading to the upliftment of Indian Economy.
I will be much thankful if a Senior Professional clarify a case in following different situations.
The case is Mr.A possess a valuable precious gem stone and would like to sell the same legally in domestic market. I doubt whether his possession is questionable and cause any criminal consequences under the following situation.
1. If a gemstone is obtained by Mr.A in a river bed(non-Forest area) while he went to take bath.
2. The gemstone which Mr.A picked from a load of blue metal stones used for construction purposes.
3. Mr.A got a gemstone in a road-show from a Antiques seller.
4. A saint/Sithar/swamigal gifted to Mr.A a gemstone.
5. Mr.A’s deceased grandfather gifted a gemstone to Mr.A
If the gemstone is obtained and mined in Forest restricted area, it attracts Forest Act.
If the gemstone is illegally mined in non-forest areas it attracts appropriate action under Mines and Minerals Act.
If the gemstone is a stolen one, it attracts action under Criminal Law.
However, I would like to know in particular the position of Mr.A under the above 5 circumstances.
Next, I understand that Income Tax is payable under the head Capital Gains on the income derived from sale of Antiques and gemstones as per norms.
Please clarify my doubts and your opinion on these matters is most welcome.