Vikas
13 June 2014 at 00:44
Dear All,
My Father brought a 120 sq-foot PAGADI room in the year 1980 for Rs 19000 form Mr X however he failed to get the Rent receipt transfered from the Buildings LandLord BUT continued to pay the rent to the owner until Dec-2012.
The LandLord used to collect the Rent and gave us a Rent receipt by the Name of MR 'X' for all these 30 years.
When I understood the meaning of Pagadi and the importance to having a Rent receipt on my Fathers name I requested VERBALLY to the LandLord many time but every time he said he will do it in some time and never mentioned any Amount that he wanted for transfer of rent receipt.
I paid the final rent in month of Dec-12 and have receipts until then however in Mar-13 my building got under a major repair work and my room was completely reconstructed(seling, walls and flooring) by MAHADA during this one year I visited the landlord 3 times for paying the rent but he said let the repair work finish and I will take the increased Rent together.
Finally I again went to his house last month to pay the rent.. he took rent from my neighbours but rejected my rent and for the first time he said that he wanted to discuss about the transfer of rent receipt.
I request him to mention his demand but he should not reject my rent as we have been paying the rent for last 30 years and here before he has never make his demand or rejected the rent so there is no reason for him to reject my rent now. But he did not accept the rent (which is pending for 15 months now) nor did he tell me the amount he is demanding.
Since last months I have visited his house 3 times and called him 5 time asking for his demand but he keeps on posponding and says that he will let me know after some.
I believe I might be in a troube and I am not sure about his intentions
I have all the rent receipts (with name of older tennant) for last 30 years until Dec-12 and electricity bills since 1981 on my fathers name (best thing done by my father).
Also all other documents like Ration Card, my passport, pan card etc are on our name with this rooms address.
I requested the landlorad mnay times now to mention his demand but failed as he just keeps on saying that he has not yet decided on the amount.
Mean while in the year 2010 with a help of a lawyer I did a notary between by Father and the older tenant in bhoi wada court. these documents are like idemnity bond, affidavid
1) What are my options now, should I send the Landlord a notice to accept my rent and transfer the rent receipt?
2) Can the law help him to make me vacant my room which we have occupied with his concent (nothing written) for last 30 years?
Please help!
Many thanks in advance
S.Sur
12 June 2014 at 22:33
My grandfather purchased a property comprising 10 kottahs of land and a house on the central portion of the plot. After my grandfather's death, the property mutation was done in name of my grandmother,father,3 uncles and 1 married aunt(who is issueless and resides in our house with her husband).
When the property was bought,the house was already old then and now its 107 years old and exgremely wretched,to the extent that it has become inhabitable. We therefore want to construct a new house within the fair share that ee deserve, but my aunt is determined that she wont allow us. We then wanted to get a partition but she is AGAINST partition too. Sir we firmly believe that she has equal rights over the property and have no problems with her enjoying the same. But can her ' right' be the cause of our suffering? Just because she doesnot want us to build a house or partition the property,can we do nothing ?? Please help.
Durga Shankar
12 June 2014 at 19:06
I own a plot of land in Assam measuring 1 Katha.
I recently came to know unofficially through the Mandal that the plot of land that i possess is not the plot of land that i own and the plot of land i own is actually under somebody else's possession.
What steps should i take if the possessor of my plot has occupied my plot unknowingly and what steps should i take if he has occupied it intentionally and is not willing to leave.
He has recently filled up the plot and raised his boundary walls.
Member (Account Deleted)
12 June 2014 at 17:58
Hi
I would like to know whether two persons can execute a single will deed.
1. For Example A wife and Husband who are the joint owners of a property can bequeath the property together by executing a single will deed?
2. If Husband wife and Son are the joint owners of a property, then Husband and wife can execute a Single will deed with respect to their share in favour of their son?
hdshardik
12 June 2014 at 16:03
Normally who pay the professiona fees for drafting of the conveyance deed ?
is it practically happen in real estate that professional fees are shared by seller and buyer equally ?
yogesh
12 June 2014 at 13:53
Sir/madam, i want to built a house at rural area but i don't know from whom permission for building of house to be taken. Gram sevak don't allow to built a house and ask me to take permission from collector but as per my knowledge permission from gram panchyat is sufficient. Please help me.
abhishek
12 June 2014 at 13:43
Dear Sir,
I and my family stays at kalyan under pagdi System home. House in under name of my Grandfather who is passed away. My father is staying here since 63 years now.
Few days before KDMC has given the Notice for evcuation of premises as Dhokadayat Imaarat. My landlord says he will do the re-development but will not give us the ownership. He will charge us the reconstruction cost and rent us as per the new reules and regulations.
Please suggest what is the best that I can do in this case.
Regards
Abhishek.Shelat
9769888332
hetalsangoi
12 June 2014 at 12:58
My brother wants to purchase a commercial gala . it owns by 4 owner i.e. diseased wife , 1 son and two daughter . The names on share certificate of co-op society has entered by these 4 owner . while entering the name society has given the public notice in the newspaper ago 4 years back . these four owner do not have the original copy . since these property is purchased by their father in 1971 . kindly give your enlighten in below points = 1. for buying this property what documents are to ask to these four owner 2. to safegurd the right in property after purchasing what is the procedure to follow before buying , during execution of deed and after completing the deed ? 3. how we should make payment ? because their father had not leave will . 4. In absence of will , is all owner have the equal rights in the property ? 5. are they are the only true owner whose names are mentioned on the share certificate ? 6. what re the documents can be get from the society to verify the titile of the propety as the property are located in the same premises . pl guide me
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Gift deed, will deed and judgment
Good Morning,
I am Back with a query again.
This is an ongoing problem and the case is pending before Supreme Court of India under SLP.
We have properties across Hyderabad of around Rupees 500 crores, Which are self acquired properties of My Grand Father.
My grand father had two wives. First wife Narasamma and Second wife Ramulamma.
First wife had Four Children Namaely Chittarama, Veeramani, Srinivas and Manjula and Second wife had 1 child namely Lakshmi Devi.
My grand father died in the year 1976. And my mother Manjula She was not married at that time.
And my my both grand Mothers died around 1990 and 1992.
My mother got married in the year 1986 March'12.
what ever property acquired by my grand father was never partitioned or any family arrangement/ agreement/ settlement has done.
No one knows their exact share of the property. And its a joint family property.
In the year 2002 unfortunately my mother come across a sale deed which was executed by her brother where he has sold few acres of land to some other X without taking consent of any one in the Family.
Then the same was questioned by my mother to her brother and he said this property belongs to him. Then my mother asked to show the proof that the entire property belongs to him. But he just skipped it.
My mother filed a partition suit before Senior Civil Judge (District Court)in the year 2003. During proceedings Mr. Srinivas has started submitting the GPA and Gift Deed stating that these deeds were executed by mother hance he got right in the property. But when the signatures were verified we got a negative report stating that signatures are not matching. Hence the court was about pronounce the order but mean while they have filed an additional affidavit and submitted a Will Deed stating that this deed was found in the old Trunk box.
We had a family lawyer at the time of my grand father and he is still alive today also. But he never disclosed any thing about the existence of Will Deed till the case is filed. And the district court has dismissed the case.
And mean while we have filed a case for cancellation of Gift Deed. To say the property was Jointly held and no partition was done hence my mother has no right to gift the land but still the court held that gift is valid transaction.
We have not went for any appeal in that case.
We have went for appeal to High Court of Andhra Pradesh in the partition suit. and even the High Court has upheld the lower Court Judgment, mean while we found that A WP has been filed by the HIgh Couyrt of Andhra Pradesh against Mr. Srinivas under the AP Ceiling Act as, he is holding the property excess the ceiling limit, in this case mr. Srinivas submitted that the schedule property in the WP filed by the Govt of AP, is a jointly held property by all the legal heris of my gran d father hence all are having the share equally and under the cieling limit, hence the high court has passed an order stating that this property is under ceiling and held by mr. srinivas,manjula, lakshmi devi, chittaramma and veeramani.
Now the same court in two different cases but same scheduled property has given two contradictory judgment iwrt same scehduled property.
In Appeal Case it has passed an order stating that the property absolutely belongs to MR. Srinivas wrt same scheduled property and In WP filed by Govct of AP the High Court has passed a order stating that the same scheduled property belongs to all the legal heirs of my grand father.
Now pl let me know what can we do now? Now what is the better way? how can we get a justice in such case?
One thing i can make clear that there is no partition/ family arrangement or settlement wrt scheduled property.
Pl HELP