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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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aneesh k d   23 May 2014 at 18:22

Property gifted for certain sum under will

property gifted by mother for certain sum
As she is alive if she asks for return of property can we claim sum provided as debt only, or a current market prices as she is using it for son's requirement.



waiting for response..
thank u.

Anupam Jadhav   23 May 2014 at 12:06

Committee member

A member have to attend 1 AGM in 3 years or 5 years to get elected as committee member?

Deepak Nair   23 May 2014 at 11:07

Transfer of immovable property by one company to another in the same group

Dear Learned Experts,

Kindly advise me on the below given issue.

One company wants to transfer an immovable property to another company in the same group. The immovable property is an office premises on a building which is governed by a society.

Bothe the companies are part of a same group of companies. The directors of both the companies are also the same.

As per my understanding, the immovable property can be transferred vide an agreement by paying applicable stamp duty on current market value of the property.

My question is, is there any other way to transfer the said immovable property without executing a sale deed or conveyance deed?? If yes, can the society play any role in such kind of transfer?? Is the stamp duty applicable when both the companies are of the same group with same board of directors??

Kindly advise.

Shrikant   23 May 2014 at 10:20

Possession issue in property reconstructed by mhada

Hi, I need expert opinion on following situation arrived to my Jijaji

He was staying in lalbaug of Mumbai which is taken over by MHADA under Maharashtra Building Repairs & Reconstruction Board (MBR&RB) and developed by private builder

Original room agreement was on my jijaji’s father and jijaji’s name

But after death of my jijaji’s father (2 years back), jijaji’s elder brother has managed builder to include his name by showcasing notary will (not registered) of my jijaaji’s father stating 50-50 ownership of both brothers on all his belongings

My jijaji’s brother is staying in his own house in other suburb of Mumbai from last 15 years

Last week builder has given possession (keys with possession letter) to all owners but refused to give keys to my Jijaji

Builder is saying that, as per MHADA rule, without presence of jijaji’s elder brother he won’t give keys

Whereas, in spite of many request, Jijaji’s brother is not coming forward to take possession and forcing my jijaji to sell flat and give him 50% amount

Now situation is that, my jijaji don’t want to sell flat because it will be very difficult for him to buy another flat in the 50% money and since Jijaji’s brother is not coming forward builder is not issuing keys (not even 1 set of keys)

My jijaji is currently staying in rented house which he has to vacant in next 3 days

1) Please help me out with your suggestion that how we can get possession?
2) Is it really a MHADA rule that all co-owners should be present to get keys?
3) If yes then what is solution to get possession?
Please help!

K.R.CHANDRAN   23 May 2014 at 07:38

Probate of a will

The flat originally was purchased by the father and inherited by the mother after his death.A Will made by the mother in Andhra pradesh and registered there.Mother had in her will given the property - a flat in Mumbai to her son.The property in question is a flat in a society. There is a claim from the sister for the flat eventhough the mother had given 100% share to the son.Mother had given in her will certain amount by way of FD for her daughter.can the daughter claim the share in the property also. The mother had settled her claim through her will by giving her Fixed deposit with a bank.Should the society transfer the flat to the son based on the will or ask for the probate of the will

RAMJI   22 May 2014 at 23:04

Share for daughters in fathers ppty


Dear Experts

Father got his share by partition with his brothers in 2002 and later expired in 2004 without any WILL leaving widow+ 3 sons + 6 daughters.All daughters were married as on 1999 itself.During 2008, only 3 sons+widow made a partition deed without involving daughters...

Now questions are as below:

1. Can any of the married daughters challenge the partition deed executed in 2008 by 3 brothers?.. if so, in what way they can challenge (after 6 years over)

2. Can any of the brothers be able to sell off the ppty obtained thro said parition to a third party now....

3. any other views /issues please...

regards
ramji

Mounish Choudhury   22 May 2014 at 22:45

Flat registration before posession

Hi,
I have booked one flat recently and applied for home loan of 80% of property value in HDFC bank.
HDFC asked me to do the Registry of sale agreement with deed. So we complete the activity in sub register office with flat builder. Now HDFC has disbursed some portion of loan amount as per flat completion agreement schedule.

Now, My query is do I need any more registry at the completion and possession of flat ?
Or do I need to execute paper work at the time of possession?

umang shah   22 May 2014 at 21:05

Redevelopment of paghadi

I AM A TANENT IN KANDIVALI MUMBAI
WE ARE LIVING IN THIS PAGHDI RESIDANCE SINCE 38 YEARS
NOW A BUILDER COME FOR RE DEVELOPMENT BUT HE OFFERS ONLY THE LIVING AREA HE IS NOT GIVING THE BALCONY AREA ALSO
PLEASE SUGGEST ME WHAT TO DO
AND WHAT IS THE AREA WE HAVE TO DEMAND FROM THEM

Yatin Sheth   22 May 2014 at 17:40

Regarding buying agri land

hello sir,
I need to buy an agri land in Maharashtra as partner with my wife who is farmer but i am not. So is it possible that i can buy an agri with my wife and i can get 7/12 easily. If yes then pls send me the procedure to do all my paper works.
waiting for your reply.
Thank you

Mohammad Raashid   22 May 2014 at 17:31

Cancellation of land registry

Dear all,
i did a registry of land around 2 months back at that point of time the owner of the land told us that i will divide this land and give you your part. Now after registry he divided the land but he didnt called us and said i divided the land do your boundary. when we did the measurement by own through Amin, now the owner had an objection about this measurement,when we were asking for the measurement he was not doing infront of us and when we did he had an objection. Now he is including the Gali left by him on both side of the land, this was not discussed at the time of registry that gali is also included the land and as per the registary also gali is not mentioned. now he is trying to mixup the gali with the land.

we want to cancell the registration of the land because of his fraudness. what is the legal processor for this.

Please suggest.