Abhijit
09 February 2012 at 13:17
Hi All,
Need expert advice.
My father bought a land few years back in 1995. He purchased additional land which was adjecent to the original land in 2001 from the same owner. The additional land which was purchased in 2001 had survey no as 120. The documents with the Tasildar and agreement copies also has this no. The agreement for this new land has description (Eg. whose land is at east,west,north,south etc for this new land) to indicate the exact location of the land. This is correct even as per today.
Recently, another person has raised a claim that the new land purchased above actually belongs to him and survey no 120 land is a different land. Meaning that survey no in property documents is incorrect for the specific land.
Now, the situation is that the survey no stated in documents is incorrect but the land description (north,east,west,south side owner names etc per agreement) is correct.
What are the options to keep the new land in father favour? I noticed that if treated as "Adverse Possession" if the land is in possession for 12yrs, the real owner loses the right to relief.
Requesting your expert advice for this situation.
Thanks.
Anil Sharma
09 February 2012 at 10:56
Dear Team,
Plz suggest sister/daughter is legal heir in parnets property.As per Hindu law
yogesh
09 February 2012 at 10:41
My mother and I was living in a house which was self acquired by my father. My father died intestate 3 years back. I hav 2 married step brothers as well as 2 married step sisters( all are married and hav children, their mother died long ago, after that my father married to my mother. I am also married. Since a year we had started some property distribution problem. Since i have to renovate the the existing house and construct the first floor and renovate the left over area in the house, I need home loan from bank. For that property must be stood in my name. all other brothers and sister are ready to give relinquishment certificate to transfer the title in my name. But now another problem arise when my mother began to think that if the property title transferred to my name then there wld be serious concequences to her life such as she may lost her possession, she lost control over the house etc.. The house is not sufficient for 4 members, hence need to be constructed. I suggested Joint ownership of the house but mom refused. She is asking for separate registry where the constructed area rest with her and the left over area and roof will be registerd in my name. but again the problem occue when bank loan authority refused to sanction loan saying "no loan on such roof and left over part of plot area registry".Now the differences between us are increased so much that i had to left my home. Now my queries are:
1) will there any option in which I can get house building loan and building permission to construct first floor and renovate the left over area without damaging existing construction.
2) Will there any chance to get the house registered in my name giving my mother sufficient security in form of any agreement or contract which is irrevocable for lifetime of my mother stating that she will never be removed and her whole expenditure will be taken care of.
3) will there be any other option for satisfying my mother and sanction of loan.(note: she doesnt want to destruct the existing construction.)
rohit
09 February 2012 at 10:33
I am staying in a pagdi system chawl room in Mumbai and have renovated the house by increasing the vertical wall height to aount 14 feet , which is as per the BMC norms. However, the pagdi landlord is demanding an amount of Rs.5,000/- for the permission of construction/ renovation to obtain his permission .
We refused to pay the amount to him as the vertical limit of the wall was increased to BMC regulations. However, he has taken us to the policy station and by force the policy have asked us to settle the matter by paying the amount to the landlord. We paid Rs.2000 to the pagdi owner (under the policy pressure).
Now the pagdi owner is demanding the amount of Rs.3000/- for the renovation and on asking the written NOC for construction and also the receipt for the payment he refused the to give anything in written.
Further, to our understanding the pagdi owner has sold the land to a builder for redevelopment, however due to the opposition of the local people and their wish to carry out a “ Self Development”, the builder never started the construction and also the approval for the self development is pending for approval at the mayor’s office. However, he is still collecting the rent from the tenants.
Also , many people in our locality has constructed the same structure and the landlord has not asked a single amount from them, but hs is behind my life to pay the amount to him.
I would like to get clarity on the below points:
1. As the vertical wall limit was increased to 14 feet under BMC – Mumbai law, is it necessary to get an approval or NOC from the landlord ( Pagdi owner ) or BMC ( 14 feet limit is predefined under BMC)
2. Is the pagdi owner eligible to demand any amount from us and not give any written consent or receipt?
Hitesh Kumar
09 February 2012 at 09:34
Dear All
I just want to know.Is there any procedure to transfer my rights , means without consent of my family memeber i can't sell the property or my family memeber claim equal rights on my property .However property is my name(registered owner of the property) & property also mortgaged with the bank due to avail a home loan from the bank
sajid
09 February 2012 at 04:50
we lived in chawl and which is now re-developed and become society. Pls any one tell me what powers of society has. just need a brief explanation. thank u.
Selvaraj
09 February 2012 at 04:11
I am planning to buy a land/plot in Chennai, Tamilnadu. But, the owner of that plot and his wife are died long back(1st generation). He had 3 sons and 3 daughters (2nd generation). He also had grand daughters and grand sons who are all majors and are married as well(3rd generation). Some of these grand sons and grand daughters has kids who are minors and about to be born (4th generation).
He had written a will which mentions his 3 sons and 3 daughters name for all of his other property but not the one I am planning to buy.
Further, recently one of his son (2nd generation) is died.
Now I need your suggestion to understand who all I must get signed in the sale deed document so that I can safely buy this property without any legal issues.
If you could mention the section or any reference to the Law then that would be added help.
Thank you!
raymond
08 February 2012 at 23:54
Dear sir, My problem is i bought a plot 4 years ago and now the very first owner comes and say's that this plot was sold by some of his family members without his knowledge and that now he is going to file a case or he could just occupy the land.There were like 3 or 4 people who bought the plot before me and this person is the very first owner of the plot.Could he actually do what he's saying,is it possible legally and what should i do in this situation.
Could i do anything from all this to happen.
HAMIDA
08 February 2012 at 22:07
HI
ON 30THJUNE 2011 MY FRIEND BOUGHT A HOUSE AND SHE WANTS TO SELL IT NOW ..PLS TELL ME IF IT IS MAHADA PROPERTY WAT COULD BE DIFFICULTIES SHE WOULD FACE ?HOW MUCH TIME SHE HAD TO WAIT TO SELL THIS HOUSE WAT ARE TAX OR LEGAL ASPECTS SHE CAN FACE? ALSO SHE WANTS TO BUY A NEW HOUSE WITH THE SELL AMOUNT.
WAITING FOR REPLY
THANK YOU
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Inherited property
Sir,
Iam residing in Mumbai in a chs.The flat was owned by my father,who passed away 2 years ago without a will.Now the flat stands in my mothers name,who stays with me.I have one married sister.Now my sister wants 1/3 value of the flat.We plan to sell the flat to give her share of the flat.My mother is ready to give half of her 1/3rd share to me now and half after her death.I wish to do a seetlement deed for this to avoid future litigations.My mother has fixed deposits in banks where her name is first.These Fds were created by my father and nominated my mother as nominee.What is my right on them after my mothers demise?My mother has some gold jwellery also.
My question to you is should I go for settlement deed with my sister and mother?
Will that assure me of half of 1/3 share that my mother is keeping with her after the sale of the flat?How do I mention the FDs and Jwellery,which I will get after my mothers demise, in the settlement deed?
Please advise.