In a land dispute suit (Regular suit) the defendant had signed consent terms with the petitioner along with the members of his family,the family members were not parties to the suit,in fact it was suggested by the advocate for the Defendant to include other family members as signatories in consent terms before the Judge,so that they don't harass the petitioner filing unnecessary court cases after receiving compensation.The Judge in her order found the consent terms not in order and passed an order saying the consent terms inappropriate,now the defendant even after receiving the compensation as per agreed terms refuses to come to the court again for filing fresh consent terms as the property price has gone up and is blackmailing.The petitioner and defendant were properly identified by their respective lawyers before the Judge,with their Signatures affixed on the Consent terms when it was filed before the Judge.The petitioner has a stamped receipt for the compensation paid to the defendant.
now what is the remedy left for the Petitioner?to get a proper Decree!
Iswar
21 June 2014 at 23:41
Hi,
I had purchased a flat in 2009.
CIDCO transfer of the building had done in the same period so my flat also in the name of previous owner.
Till Now Conveyance deed is pending .
Due to pending of conveyance deed i am not able to do CIDCO transfer in my name from the previous owener.
1.What should i do for CIDCO transfer.
2.how can i be a member of the society.
VISHAL
21 June 2014 at 22:09
My aunt has relinquished her (50%)share in the property to my father by executing relese deed (without receving any consideration)to make my father sole owner of the property now we are going to sell this property and we wish to give 5 % of the selling amount to her so how we should setlle this legally i.e which legal document we should make which will safegaurd our wish?
I have purchased a shop and a flat on my name( first) and my wife's name( second).
While aii the funds have been paid from my sources,we are residing at third place.
Now my wife is changing colors, Is it possible to sell these properties and get the Cheques in my name only. Even in Stamp duty papers of both the properties,only my cheques are mentioned as payment and even only in my IT files these 2 properties are mentioned.
SSK_2019_DEV
21 June 2014 at 18:56
Hi,
Our building is going to go in for redevelopment soon and am currently in discussion with the builder with regards to my flat. My flat is a terrace flat area being 525 carpet area and 400 terrace.
Around 2 decades back due to road expansion our building was given extra FSI, this extra FSI was used to add some flats on the groundfloor of our building. During this time when a new building plan was submitted to the municpal authorities a section of my chajja was not added (which was already available). Due to this the builder now is saying he would not consider the area of chajja in the carpet area but add it to the Terrace area, my point is if this chajja has been there since day one why should he not consider it in the carept area.
Currently the builder is considering 425 carpet area and 500 terrace area, so in new building he is telling 41% more on 425 and 1/3rd of the terrace. While I am asking 41% of 525 and 1/2 of terrace, how should I proceed on this with the builder?
Thanks
P.Gopinath
21 June 2014 at 13:39
We have an educational trust owning 6.20 acres of land with 23000 sq ft building in which a course is being run at present.
We intend to retain 2.20 acres and sell the remaining 4.00 acres to one of the trustees.Later we plan to sell the remaining land and the building to any third party who would be interested in the purchase.
We would like to know the procedure in selling off this trust property.
sam
21 June 2014 at 10:42
Greetings,
We stay in small C.H.S. having 8 members Building was constructed in late 1990s. Since last 4 year, I had tried to get Conveyance of Society and we also appointed professional to get it. Initially he told us that it will be matter of 3 months.
However existing builder did not gave response and after 1 1/2 year, we had to get our money back from professional as he failed to get our Conveyance.
Now old builder have sold redevelopment/Conveyance and other rights to another builder. Who wants us to sign MOU for redevelopment with him, then only he will allow us to get Conveyance.
Que.1. Can Old builder transfer Conveyance and redevelopment rights to third party without giving us our society Conveyance?
Que.2. Some members may be ready in hurry for the same offer of that builder. However is this right procedure? because few members and I think that we have to follow right procedure of appointing PMC and Architecture, Get Conveyance for society, publish Advertise asking for Tender, get better offer for tender and then choose right builder.
Que. 3. If Few member go for the new builder offer without following right procedure and directives of Government of Maharastra, Can I get court assistance like stay or so?
Pl. help.
Shilpa
21 June 2014 at 09:29
This is Karthick and I have question on my grandfather's ancestral property. I have mother, father and brother, my wife and my childrens in my family. My Grandfather and my grandmother died and property is distributed to all his successors. My father got his share and it is currently in his name and he is taking care of income. The issue is my father is not taking care of my brother and mother for basic neccessities and also both are having health issues. I take care of most of the time but I also have lot of responsibilities of taking care of my wife and childrens. My father is now not at all taking any responsibility at home and take all the income from ancestor property.
We would like to know that can we claim the income of the ancestral property for my mother and brother for thier basic necessities ans health care?? Kindly clarify so that we can think of putting the case...
We also know that my father cannot sell the property without our permission...Is that true????
Waiting for your reply
Thanks,
Karthick
Sirs
Ravi got land alloted by govt n later sold entire land to prem thro sale agreement delivering the possession of property. After one year ravi also sold a site to kumar out of same property which he sold to prem vide sale deed.
Later ravi n family raised dispute for partition making prem as one of the party to suit. Court ordered in favor of prem.
Now after 22 years of settling the suit kumar is trying to construct. When confronted kumar says there is no stay from courts now and I have sale deed and prem has only sale agreement.
How to find a solution. Kindly help
Inheritence of property
My brother and his wife are no more and did not have any children and were residents of Mumbai.During their lifetime they purchased two adjacent studio apartments in a housing Society in Borivali from a builder directly and converted into one flat.One studio apartment was on my brother's name and the other was on his wife's name .My brother and I also opened a joint account and I put some money in the account to help my brother to purchase the said property.My brother died soon after the purchase and my mother in the house to help his widow.Later,she was replaced by my brother's widow by her father.We did not raise any issue so that my brother's widow life remains comfortable and to maintain family harmony. About four year's back she too died (my brother's widow).Her father/her brothers /sister/nephews have taken over all her and my brother's property ,they state the their daughter(my brother's widow ) has willed all the property to her father and her father on being approached several times refuses to show her WILL or discuss the property details.The property includes real estate,bank accounts,car,family jewellery ,terminal proceeds from the Company she worked for,etc.We have no knowledge and hold no papers of the belongings of my late brother and his wife,everything is held by her father.Suitable advice on the subject and the services of a professional are welcome,kindly communicate.My mother is 97 years old and is still living,,however she is unable to communicate due to dementia and ill-health.We are at Pune..Regards