Aman Kalra
28 April 2014 at 17:32
We have an ancestral property which was in the name of my father who were passed away. My mother also passed away without making any will. Now 2 my sisters agree to receive 5 lac each as consideration from relinquishment of her 1/4 share each. She also agreed that amount would be pay out when the property is sell out. Is this possible to make any deed now, so that we are safe from there sides?
Mohammmad Wajid
28 April 2014 at 17:14
Dear Sir, I am seeking advice how to complete the below mentioned deal legally perfect
One person want to donate his property for social activities to either a society or an organisation or a trust after his and his wife death as they (husband and wife)want to utilize this property during their life, but he want assurance that after their death if their legal heirs even try to cancel this donation should not be succeed.
Should be proceed with trust deed or will deed is their any other better option. If proceeds with trust deed how to make it and what are the important points to be added in trust deed
dileep
28 April 2014 at 16:03
Hi,
My father has purchased a plot from a friend of his who acted as a relator/dealer. The deal took place around 9 to 10 years back.
My father paid the entire amount for the plot and the registration was also completed. Later on, this particular relator/dealer started demanding more money to handover the registration papers (as the demand for those plots had gone up and others were willing to pay more). My father refused to pay more money and followed wait and watch approach, but his friend never handed over the papers and they are still with him.
As this relator/dealer was a close friend of my father, he did not take this matter to police nor did he inform our family about this until now (9 to 10 years later).
My query now is how can we solve this matter legally. Please keep in mind that we do not yet have the registration papers nor the survey number/plot number with us? Can I approach police in regard to this matter? Can I send a lawyer notice demanding papers handover?
Any expert help in this matter is greatly appreciated.
Regards,
Dileep
Sharan
28 April 2014 at 13:55
I am curious and would like some info on the following :-
1) My father's uncle (Chaca who was a bachelor)died in Malaysia and left a will for his nephews children for his ancestral property in Punjab.
2) Unfortunately, the original will went missing and when the copy of the will together with the lawyer who has witness the will was brought to be probated in Malaysia, which according to the lawyers in India that the will requires to be probated in the original country, we were advised otherwise. Malaysian court has informed us that the will needs to be probated in Punjab as all the property belonging to the deceased is there.
3) I want some expert legal advise as this matter has been going on for almost 20 yrs now.
Kaushik Nandy
28 April 2014 at 13:30
One of my property was rented out to Tenant and because if my own reasonable requirement I fought with the tenant in the court of law( initially at presidency small causes court ,kolkata and then City Civil court and Calcutta High court since 1991, In 2000 won the ejection suit at S.C.C court but tenant moved to City civil court and then set aside the decision of S.C.C court in 2005 , subsequently moved to H.C of Calcutta and won the case in 2007 since then Tenant is playing it through legal janglers and lingering the dates / either not appearing in the court or showing medical certificate and seeking vacation for 6 months or / during belif service case in being handled by his relatives and thus execution file is on since 2007. At this juncture , Can i file one petition in H.C. asking monthly rent since 2007 at the rate of prevailing market rate on sq ft basis till the time execution decree comes for police help. Pl note that Initial Ejection suit started in 1991 as per premises Tenancy Act 1956.
T R Narayanan
28 April 2014 at 11:22
Im in a rental accommodation in Mumbai since last 60 years.Father died in 1995. I with my family was the only member who was staying with him before, at the time of death and thereafter till date. landlord stopped collecting rent from me since 2011,demanding money for transferring rent receipts in my name.Now he has sold the entire property of around 100 tenants to a builder,granting him Development Rights.My queries are
1) Can I approach Rent Act Court filing a declarative suit.
2) How much area im entitled in case of redevelopment. considering my area as 455 sq ft.chawl.
3)Can the builder collect rent from us.
4) Can the builder evict us if we do not agree to his terms.
5)Can u kindly state which book, rules or regulations describe what documents we need to ask from builder, including for redevelopment.
Your reply will be really appreciated.
Regards
NSharma
basant kumar
28 April 2014 at 01:09
mere dady ki prperty thi ,mere do bhai aur main ek bahan,dady ne koi batwara nai kiya ...thaa after dady death..
mere bhai ne dad ki sari propert apne naam kar li
aur mujhse signiture karwa liye..mujhko badme pata chala ki wo propert ke signeture liye the ..
ab wo property dono bhai ke naam hai
kya mujhko koi propert me hissa milne ke chanceces hai..
please batana ..
Prasad
27 April 2014 at 20:14
Respected Madam/Sir,
I am a widow aged 62 years and surviving on my late Husband’s pension, who was working in Indian Railways. Myself & my son are staying in this House since July 2006.
Our next door house (House no. 2/182) has been lying vacant & abandoned for more than 20 years, as per public information. It was kept locked all this time and apparently belongs to some Brahmin family.
Two people are now trying to occupy this Agraharam house (as per public information, they have not registered the house) & are creating nuisance to us and jeopardizing our peaceful stay in our house. They came to next door house around January 15th. As per information, by the end of January, they started renovating & repairing this house, as we were away inBangalore.
On 22nd January, we went to Bangalore to visit my daughter & son-in-law. On 27th January, I fell down in Bangalore & underwent a surgery for my left hand wrist, which got fractured, and I had to take long rest there. I returned back to Kalpathy along with my son, daughter & 4 year grandchild on March 12th, 3 AM, early morning. We were shocked to see the condition of our house, as our entrance was fully blocked with Cement, Sand & Jelly and my son’s motorbike was fully covered with Cement & Mud, thus unable to enter our own house. We had to wait outside for one hour & were totally helpless. My grand-daughter was continuously crying for 40-45 minutes, as she was hungry & feeling sleepy. Later at 4 AM, we somehow managed to enter our house by squeezing ourselves forcefully. We were informed later by general public & passers-by, that all this building material was lying there for more than one month in front of our house.
After entering our Agraharam house, we have noticed the following damages caused, because of their renovation, repair & construction going on & all these were done, when we were away, in Bangalore and not physically present here :-
1. A large wooden beam (Kazhukkol) has been illegally inserted & thrust through our upstair room exterior outer wall without our knowledge & permission. It has been deeply penetrated through our property. They also chiseled front & side portions of our walls to insert this beam, thereby damaging our upstair room & property.
2. The wooden sheet (roof covering) of our 4th room (Bed room) has got damaged & shaken. The nails have got dislocated from their original position in this sheet & large gaps have been formed within & it has got displaced from its original position. It rained heavily on 12th April night till 13th April morning. Water seepage took place & many parts of the room got drenched in water. We found it very difficult to sleep in this room on that day.
3. Our Pooja Room wall has got damaged & broken.
4. The latrine pipe (large waste pipe) connected to the end of our backyard has been damaged by their workers as they encroached into our compound & started extending the compound wall. They jumped into our compound for enlarging the compound wall & damaged the pipe by jumping on it & standing/stepping over it (placed/passing on the ground).
5. We had placed/ fixed Electrical fittings & bulb on the backyard of our house, as we have a bathroom & Indian toilet there. We got a bulb & its case covering fitted on the earlier compound wall. The workers while constructing the new compound wall, jumped into our house backyard from their side and damaged/broke the Brick fire Kiln (used for boiling water), broke our bulb, threw & damaged the case covering, wirings, fittings etc. on the ground, without taking our permission or informing us (thereby intruding into our house).
They are not at all bothered to repair the damages done to our house or compensate in full, in spite of our repeatedly informing them.
They have not taken any NOC (NO OBJECTION CERTIFICATE) from us, before getting their house work done. In our absence, they jumped /encroached into our compound & got all their work done. They are now constructing a RC toilet & bathroom (as per public information they have not taken any approval) in the backyard of their house.
Madam, my left hand is incapacitated & I am in pain. We humbly request you to please salvage us from this nuisance, get our house restored to its original position & help us get compensated for all the damages caused by them.
Madam, I go to Bangalore to visit my daughter on frequent intervals and sometimes go to various temples for pilgrimage at different places with my son.
After the above mentioned incidents, I am really scared to leave my house & go out-station in future; as now, I am under fear that these people may try to intrude into my house & again cause damages or breakages to my property, thereby trying to harass me etc. Therefore, I pray to your good selves to please provide me necessary protection from your side.
Thanking you,
Yours truly,
KARTHIKHEYAN
27 April 2014 at 17:00
My father bought a property on my name (900 sqft) and on my brother 4800 sqft. My father started a construction company named aaa on my brother name. He has not Made me as a partner in the company and bank accounts as i am in school stage at that time. After his death my brother maintained the account in his name and he has projected me as a worker in the company aaa. Every one was told he has not got the enough income. AS he his the proprietor got insurance for more proportion and me as 1/4 proportion. In order to get the supervisors in his control, he asked me to register the 900 sqft on the supervisor name. But i regieted it. But still he insisted me to do the registration instead of parting his land to the supervisor. I was asked to forcefully get the settlement registered leaving behind the 900 sqft not taking into account in the settlement made. can i get back that 900 sqft value from the value of settlement made as i have objected it.
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Time limit for filing property civil suit- 3 yrs from which date?
I entered into an unregistered agreement to sell as the seller. Due to some reason I could not execute it and sold it to someone else after this agreement had expired. I offered to pay back double the amount to the buyer, as was the condition in the agreement, but he refused . If he has to file to file a civil suit, what is the maximum date by which he can do so?
Particulars-
Date of Agreement- 1st April 2011
Sale had to be done by- 1st July 2011 (as per agreement)
Sold to another party on 15th July 2011
Would the time limit be 3 years from 1st April 2011 or 15th July 2011 or some other date? Also, can an unregistered agreement to sell be enforced in the court?