supriya sumesh
23 June 2014 at 01:32
I am having a vacant land in my native district of kerala. That land can be accessible only by entering either through my brother's land which is situated before my land or through my neighbour's land which is situated adjacent to my land. Without entering in anyone of this people land i cant reach my land. Now i want to sold my land. But my brother or my neighbour not allowing me to enter my land.They are denying me permission to enter into their land.
But without entering in either of their land it is not possible to reach my land.
kindly let me know whether any legal solution is there?If any legal provisions are available kindly let me know.
Thanks in advance experts.
Naren
22 June 2014 at 17:05
Hello Experts,
I have purchased a bungalow in a bungalow society and i have lease this out for a play school. Currently the society is not formed but the builder has started the society formation process where in he has taken our signatures. My query is
1. Am i allowed to lease my property to a play school?
2. With Society not into existence, do i have to take NOC (may be from builder)?
3. In future if society if formed, can society ask to vacate the school (whats the legal stand?
Thanking you in advance.
Best Regards,
Capt RK Sharma
22 June 2014 at 16:49
My father expired about 7 months back leaving behind a property in New Delhi in which my mother and our joint family is staying.My father was 100% registered owner of the property.
He has left behind a joint will with my mother (who is still alive). Will is registered. According to will property passes on to my mother and only after her death to the children.
I need your advise whether to get the property registered in my mother's name or not.
Ashapi
22 June 2014 at 16:23
My mother fully paid & bought a flat.In property docs.she is owner 1st name & her son \'s name was included just because they both stayed together in this house.Suddenly son expired.She is staying alone with a maid servant who is with her 24X7. My Mother has a grandson adult who is in bad company & who does not care for her, does not lend financial assistance hardly ever visits her and even when she was serious in ICU never contributed for medical expenses nor visited her whilst in hospital. Now He is staying elsewhere alone in a rented house. His wife too has left him as he is in bad company & has many vices. His mother too has expired. My mother does not want to incorporate his name anywhere in this hard earned ancestral property paid by her fully, at all. Does grandson have any right to this property. He is mentally agonizing my mother during his one odd visits, only to tell her to transfer this property in his name. But she is totally unwilling to have anything to do with him. Her Society has signed nomination in property without his name. But though my mother has given a written appln. to society to remove my brother\'s name from society share cert. they refused to accept her application & flatly refused to delete her son\'s name (Deceased) from share cert.They are insisting that she gets a no objection cert. from her grandson. Grandson does not stay with my mother for past 14-15 years Is this correct? What right has the grandson in this property. Can he forcibly come and stay with my mother challenge her regd. will in which his name is not there at all. Can he challenge the regd. will after her death though his name is nowhere in nomination papers. How can my mother get her deceased son\'s name deleted from society share cert.. My mother wishes to her daughter, the legal heir as per nomination form accepted and signed by society. Is there separate law of succession for Parsis (Zoroastrians) or which law will become applicable after her demise. Pl. guide me on documentation and implications and guide me how to remove her son\'s name from society\'s share cert. and protect this property from falling into wrong hands of her grandson who does not care for her except has all his eyes only to somehow become owner of this ancestral property the minute she dies. Can he barge into this house if testators will made and daughter appointed as her legal heir.Pl. can you help protect my mother and her property and how the transition is smooth after her death such that her daughter takes over possession of property and all her movable and immovable assets etc. Can the grandson challenge in court if so what procedures should I as daughter complete to safe guard feuds after demise of my mother. Pl. reply to me and may I request you to kindly guide me well in advance, whilst she is alive now, through the processes involved in taking custody of my mothers flat, car park and assets etc. smoothly and Legally/ safely without dispute with her grandson. Thanks you may call me up for any clarifications please. Its urgent as my mother is very aged & seek solution whilst she is still alive. Hope U understand and look forward to as many Expert advices. Pl. keep strictly confidential and not expose this to general public please.
Pramod Harkisondas Divecha
22 June 2014 at 15:12
Sir,
I/we hold a flat in a co-operative housing society in Mumbai in joint names as under:
1. Mrs.UPD 2. Mr. PHD 3. Smt JPG
The Sale Agreement is also registered in above names and the share certificate also is issued in joint names as mentioned above.
In the year 2011, all the above members filed a single Nomination Form duly signed by all three, nominating Mr. MPD and Ms.NPD (son and daughter of 1 & 2 and grandchildren of 3) to receive 50% of each member’s share/s upon individual member’s death. The nomination was duly taken on record and I/we had been duly advised about the same.
However, now New Committee has taken over and they are advising members that the s as per Co-op. society law, the joint owners/members should file different forms under which the respective members should first nominate other Joint/associate members and then nomination of new nominees like sons and daughters should be followed and recorded in the said forms as per the desire of the members.
In my view, since we are all joint owners/joint associate members, the procedure followed by earlier committee was proper and the insistence by new committee does not seem to be correct procedure.
However, we would not like our children to be inconvenienced after we are gone and therefore, request you to please inform us of the correct procedure in this regard so that we can take corrective actions while we can.
Thanks and regards,
S.Sur
22 June 2014 at 13:05
Hon'ble experts,
I had posted in my previous query,namely 'PATERNAL AUNT INTERFERING DESTRUCTIVELY'.....in continuation with that;i would like to inform that now my granny and aunt are ready to go for a partition.And there lies my question. The property of 10 kottah of land has to be divided among 6 holders. We want to do the partition mutually,as in, without moving the court. At the same time,we want this to be concrete and valid. Hence please tell me what are the procedures we must go through? How should we have the partition done? Please help asap.
mayjas
22 June 2014 at 11:41
Hello Sir,
I have a flat in Mira Road and have rent it out on leave and license agreement for 11 months. the tenent has not paid rent since past 3 months and the rent agreement period is over since past 10 days. We have given a hand written notice to vacate 1 month back, but tenant is daily delaying saying that they need more time and they are not getting a proper place.
What do i do to vacate them immediately.
In the agreement, there is clause that we can terminate contract for for non payment of rent.
AMIT
22 June 2014 at 11:16
Dear Sir,
My mother has other three sisters. when my Nana's health was degrading that time beacause of the availabilty of only three sister he made a sale deed by paying the duty. and that time it was verbaly decided that the fourth sister will be joined in the property after she is available.soon after the Nana died. now when the fourth sister is available the one out of the three sisters is not allowing her to join the name in the said farm land property which is purely ancestral one. kindly show us the way to get the right of the 4th sister in the ancestral property.
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Difference between associate member and joint member.
Dear Experts,
I would be grateful if I could know the difference between a joint member and an Associate member in a co-operative housing society and what are their rights in a house where one member is the principle member and the other an associate member and where one is a principle member and the other a joint member.
Thanks.