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

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Dushyant Pandya   02 February 2012 at 09:14

Lease of govt land

Govt. allotted west land on lease basis for commercial purpose. Accordingly developed and putted under utilization. Lease Expired. Now, huge infrastructure exists on lease land and Govt. willing to auction.

Is auction with possession is permissible under law?

Jayesh Shah   02 February 2012 at 08:33

Question for rajkumarji or anyone else.

Sorry about that Rajkumarji.
I am asking again with my identity and more details.
Who will gets how much share?
A property (land+house) purchased in 1985 in a small town in Maharashtra with the following share ratio:
Grandfather HUF - 40%, Father HUF (30%), Uncle HUF(30%)

1. Grandfather passed away in 2008 leaving Grandmother and two sons (my father and uncle) as survivor. No daughter.
2. My father(alive) has one male child(me) and one female child both unmarried and over 21 years of age. Mother is alive.
3. My uncle(alive) has two female children both married and no male child. Aunt is alive. His elder daughter married in 2002 and has a son. His younger daughter married in 2007 and also has a son.

Since all the children are adults and we all want to have family seperation from joint property and not have any more HUF.
What will be the share of each living member as individual in this joint property?
1. Grandmother
2. Father
3. Mother
4. Uncle
5. Aunt
6. Myself Male
7. My sister
8. Older cousin sister and her son
9. Younger cousin sister and her son

Please note that the house is only 1000 sq ft and in very bad condition and not liveable and so may not have any value in the kaccha construction. The land is 10000 sq ft with road on three sides and can be actually divided easily giving everyone access to road.

Anonymous   02 February 2012 at 07:59

Recovery of brokerage

I have given property on Lease to my clients for 10 years and got both my clients and the owner introduced to each other. The property which i gave on lease to my clients is occupied by my clients since past over 4 months and they are caring on their business from the said permises , now when i aproched them for my brokerage which run in Lakhs of rupees they say that the Lease document is still not registered , It being a school very famouse in Mumbai , i wounder how the got the admission without registration of lease agreement , their booking for admission is full which run in cores of rupees , I wounder how the got the muncipal licence , how they get the permision from the Central Board of Secondary Education (CBSE), the Council for the Indian School Certificate Examinations (CISCE), and state government,and many other authorities . The have confirmed my brokerage at a resaonable amout by accepting my bills and given written letter that the same shall be paid after registartion of the lease agreement .. what should i do and how do i inquire about the registartion of the lease agreement is done . First they told me that stamp duty is paid and signing of the lease is done , but now they deny the same they say wait for a month , i have to pay sub- brokerage to other company , what is the remdie , can i have acess to the doucemnts to the school under right to information act , if the school is legal or illegal . How to recover my brokerage ...They are not dening the brokerage but just posponding it , I have told them to enter into an agreemnt with me for the brokerage they say we have confirmed the same by accepting your bill , which is duly acknowledge , can i file a police compliane to check if the registration is done or not , suggest ways or mode to recover my brokerage .

AMAN   01 February 2012 at 18:28

Re: purchase of flat

Hi,

I would like to know the full procedure of purchasing the flat/house in Delhi.

Thks,

Anonymous   01 February 2012 at 18:21

Huf property share percent

Who will gets how much share?
A property (land+house) purchased in 1985 in a small town in Maharashtra with the following share ratio:
Grandfather HUF - 40%, Father HUF (30%), Uncle HUF(30%)

1. Grandfather passed away in 2008 leaving Grandmother and two sons (my father and uncle) as survivor. No daughter.
2. My father(alive) has one male child(me) and one female child both unmarried and over 21 years of age. Mother is alive.
3. My uncle(alive) has two female children both married and no male child. Aunt is alive

Since all the children are adults and we all want to have family seperation from joint property and not have any more HUF.
What will be the share of each living member as individual in this joint property?
1. Grandmother
2. Father
3. Mother
4. Uncle
5. Aunt
6. Myself Male
7. My sister
8. Each of my cousin sister

Please note that the house is only 1000 sq ft and in very bad condition and not liveable and so may not have any value. The land is 10000 sq ft with road on three sides and can be actually divided easily giving everyone access to road.

Anonymous   01 February 2012 at 17:10

Right to property

Respected Sir,
I am confused in the property right & hence I need your assistance. My query is as below:
My grandfather has a flat in Mahim, he passed away in 1998 by making a will of distribution of the amount to his childrens ( 3 Boys & 3 Girls )
My Query:
All my aunties & uncles are married. My 2 two uncles have daughters no sons. My father has 2 sons i.e., me & my yonger brother.
Now I need to undertsand that if the flat is not sold until next 10 - 15 years, my 2 uncles daughters will get married until then so will they get the share if the property is sold after 10 - 15 years? Also, will my aunties children get the share as legally the property share is their mothers name, so will it get filtered to her childrens.
Details of family as below
Grandfther - Passed Away
Grandmother - Passed Away befor Grandfather
Elder Uncle - 4 Daughter ( all married )
Elder Aunty - 1 Son & 1 daughter ( Both married)
Aunty - 1 Son & 2 Daughet ( All Married )
Uncle ( Passed Away )- 2 daughters ( Un married )
My father - 2 Sons & 1 daughter ( 1 Son married )
Aunty - 1 Son & 2 Daughet ( both daughters Married )

Please let me know, how wil the property come to me & my brother without sharing with my fathers sibblings & their childrens.

Anonymous   01 February 2012 at 14:51

Tds/sale deed agreement

Hello,

Does the TDS need to be substracted from the sale deed agreement for sale of a property? Does the seller have to pay the TDS at the time of registry, which will automatically be deducted from the consideration value or does this need to be made after the transaction when filling income taxes?

Thank you

Anonymous   01 February 2012 at 14:43

Lanlord vs tenant

Dear Sir

We are tenant and leaving in a house last 3 years. There is no agreement for this year given by our landlord.

But our landlord forced us to empty the house next 15 days.

Due to examination we are unable to change the house before 31st Mar.

Pls advise wht to do now

Thanks and Regards/

Anonymous   01 February 2012 at 14:34

Property

Dear Sir, Please advise i had booked a property with one builder in 2008& paid 40%amount till 2009. After that i didnot paid them any amount & then in march 2011 i met them and paid one lac interest & promissed to pay my balance amount. but due to non availability of fund i didnt pay. now i am ready to pay my payment but they are saying that my property is forfitted & and they are refunding my amount after deducting some amount. please advise what can i do???

Thanks u very much

Anonymous   01 February 2012 at 12:10

Will executor, witnesses and registration

Request advise on the following:

Who can be the executor to the will? Can a son/daughter of the sole beneficiary be the executor?

Who can be the witnesses to the will?

Is it necessary to make a will on a stamp paper? If yes, what should be the value of stamp paper?

Is it necessary to register the will? If yes how?

Thanks,