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

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SG SIDDESH   05 May 2014 at 20:15

Gift deed

About 12 years back, my mother made and registered a gift deed of a portion (1/3rd) of her self acquired immovable property to my sister. In that deed, there is a mistake: Nort-South and East-West directions have got interchanged, but in the description of the schedule of the property, adjacent properties have been correctly indicated. Can this mistake be corrected by my mother with an amendment? My sister is now not on good terms with my mother, myself and my brother. She is aware of the mistake and not prepared to co-operate for the correction. Under these circumstances, whether my mother can get the amendment registered without my sister's signature? Please advise. My second query is: My mother has now (2 years back) gifted her remaining 2/3rds property to me and my brother through two separate Gift Deeds and duly registered. Now, myself and my brother want to sell this property. Whether my sister can create any legal hurdles for this sale and demand her share? Please advise.

Vinod   05 May 2014 at 19:55

Land na

Hi

This is Vinod.I would like to know that can a builder or developer contruct a building by applying a NA application OR without having a NA order.

In our case the building is under construction & as per builder NA has applied but till date NA order is not recd.

Pls advise & in such a case what to do next.

Vinod

abhay dilip divate   05 May 2014 at 15:35

Validation of sale deed

Respected Sir,
My father had purchased plot through registered sale deed form Gruhnirman Socity before 26 years ago. Due to disputes in Chief Promoter and Vice Chief Promoter of the society, the name of my father is not entered on 7/12 extract of said plot till today. My father purchased plot from Vice Chief Promoter of society as per societies resolution. And at that time his name was entered on 7/12 extract on behalf of Gruh nirman sanstha. Thereafter Conspiracy made by Chief Promoter of society, and took all documents of society from Vice chief promoter. Then both go in court. The matter is pending before CJSD. The names of persons who purchased plot from Chief promoter are entered on 7/12 extract. Chief Promoter stated that, Vice Chief Promoter has no authority for selling plot.
Due to disputes pending in court of both the parties, we were not file any suit and Vice chief promoter always said us, we will win.
Now, I want enter my father name on 7/12 extract as per sale deed. But Tahasildar Office demanding resolution of that time, which is not in possession of Vice Chief Promoter. What to do? does registered sale deed is conclusive evidence of purchasing plot?
Please guide me.

Jyoti   05 May 2014 at 13:49

Old and the new will

My father had done a will in the year 2007 which was registered with the registrar.We are 6 children (3 Brother and 3 sisters).This will is with one of my brother. according to this will our shop would be share by my three brother and our house would be share by my 2 sisters and 3 brothers and wud not be getting any penny.

He had made a second will in the August 2012 in which he has revoke any old wills made and has distrubuted all his property equally among all the children and made my Brother-in-law as a sole executor of the will. The notary of the second will was done but was not registered.

My dad expired in Dec 2012

My question is which will would be valid out the two, notaried or the registered one? can the notaried one be registered now after his death if its genuiness is proved? As I think the earlier one will was forcefully made. Kinldy advise

Kapil   05 May 2014 at 13:14

Jurisdiction of civil court against mhada

Hello All,

I am one of the defendant in the Case which is filed against Maharashtra Housing and Area Development Authority.

My Query is whether Civil Court has Jurisdiction against the MHADA. Sec 71 & 177 of the MHADA act is very clear that Civil Court is barred to entertain all the cases against MHADA.

If you have some Case Laws then kindly suggest.

Regards,
Kapil Sonawane, Advocate

mary mathews   05 May 2014 at 12:33

Daughters share in parents property

I am a Syrian Christian daughter living in UAE. My parents live in Kerala.I have 2 brothers one of which is mentally handicapped and lives with my parents in kerala.The other brother lives in the US.My parents dont want to give me any part of their property they want to give all to my brother in the US.

I would like to have equal share in the property and assets of my parents and I think it is total injustice to cut me out of my share in the property especially since my husband is unemployed and I am the breadwinner of my family.I had a arranged marriage as per my parents wishes.My parents did give a small amount as dowry at the time of marriage but that is a pittance compared to the total value of their assets.I dont know if my father has written a will.If he has written a will giving everything to the son in US and other son do i have any right to challenge this?

What are my rights as a Syrian Christian woman?

Juzer Lakkadghat   05 May 2014 at 11:32

Issues relating to shop area

I have a shop in Pune. The area is not a registered society. Its connected to a marriage hall. The hall owners want to convert the entire area into a commercial cum residential complex. Builder wants it to have 2 sided display of shops, where one u climb down to the basement and one you climb up to first floor. So do we have the right to demand for:-
1) An extra shop or more space in the existing shop?
2) Rent when the construction is going on?
3) Any more rights that we can gain access to?

KETAN J SHAH   05 May 2014 at 11:26

Payment of stamp duty on conveyance document

Respected Sir's

I M a landlord/ Developer of my property.
The society has been formed. Process of conveyance is to be completed.

I want to know that when I give the conveyance to the society some stamp duty will have to be paid on the market value of land then who would be responsible for payment myself or society members

Please advice.

Thanking you in advance

Senbagam mani   05 May 2014 at 11:22

Transfer of property

Sir, as my dad expired on 26th july 2012. our home was in my dad's name, he has nominated my mom's name in the Share Certificate. now the society chairman is asking for a letter to change the room in my mom's name... can any 1 plsz tell me the format of the letter?

Sunil   05 May 2014 at 11:03

Fence/grill in my stilt parking

I have a stilt parking in my society. I park 2 cars in the stilt. Recently due to nuisnace created by the passerbys going to the garden through my parking, lot of damages are done to my cars and any work carried out by any of the members, the debirs is kept near by garage through passing by my stilt. Since last 2 years i have been telling the socy to take action but in vain. Recently i have put a 3/4th Fence/Grill and closed the way. The socy has threatened to remove it for which we are in head to head and have asked the BMC to intervene. They also threatened us by sending unauthorised notice to remove it within 12 hours. They also trouble my mother who is a sr citizen through phone as to when we are removing the grill. Most of the members in the socy have put huge grills for years together.

Kindly guide.