Anonymous
08 January 2012 at 20:46
Sir / Madam,
In the year 1997 my Father purchased one vacant plot from X & another one from Y of size 1800 sqft each. Both X & Y are brothers and they have 5 other brothers and Sisters . X & Y received these plots from their Mother ‘Z’ on partition Mother Z received 30 kuli( A unit of measurement in Tamilnadu ) from her father by way of gift deed without the power to sell her property . Mother Z released her right to on this property for 14 Kuli for a consideration of Rs. 20,000 on two occasions and the deed was registered in Aug-91. For the balance 16 kulis release deed was not registered, however in the partition deed, Mother Z mentioned that on another 2 dates viz. Aug-91 & Sep-91 she had agreed to release her right on the entire property . The partition deed was registered in Dec-1991.
All the 7 sons and daughters of Z constructed house in their portioned plots.
My father expired in 2007. My Mother, Sister and me are the legal heirs for my father. When we tried to sell the property purchased by my father from X & Y , it was opine by the buyer that the balance 16 kulis should have been released by Z and got registered.
I seek your expert advise in this regard. What is the way out ?
ASMA SAVANUR
08 January 2012 at 20:16
I have applied for divorce and still not got divorce. I have two houses in my name (self earned)and another house owned jointly by me and my husband.
I want to make my children to be the full owners of the two houses after my death and half owners of joint property.
can i write a will or what i should do?
here i would like to mention that my husband is a lawyer and he is trying his level best to see that my divorce petition is postponed. On the contrary he is married and having a child from the wedlock. my fear is that i may die before my divorce.
hence seeking your advice to safeguard the property
Anonymous
08 January 2012 at 19:31
sir ours is partnership firm comprising of two partners that is myself and my brother.We had taken a loan of 25 lakhs from a nationalised bank in the year 2003. Due to some unforeseen circumstances our account became irregular in the year 2008. We had pledged our building whose worth now is 60 lakhs.The accrued interest along with principal now is 40 lakhs.Bank filed a suit and recovery certificate for 40 lakhs has been issued. Now bank is bringing the property for sale under auction. When we tried for compromise at this stage bank agreed for single payment of 33lakhs as full and final settlement. My brother is not interested in reaching settlement. But I dont want to lose my property which is jointly held by us. I want to pay this loan amount and redeem our property funds for which I will be raising through my inlaws. But the problem is that as my partner does not cooperate with the bank can the mortgage be released if i alone sign in discharge,because it is said that discharge and subsequent issuance of NOC would take place only if both the partners sign discharge. One of friends who is an advocate recommented against this move.He says that bank would simply collect the amount and would not discharge debt. The problem with my brother is that he is adamant in nature and he is not interested in taking money from my inlaws. Apart from that he thinks that my inlaws would grab the property.At this stage I want to know whether my advocate friend is right or not?
Anonymous
08 January 2012 at 18:39
my father staying in pagadi room since last 40years. landlord and my father , has some querrel between them. he has given permission to other tenant to build mazonine floor (mala). That room is already 10th feet in hight. If suppose my father will build mazonine floor in the room so landlord has a right to take action againt my father,or Bmc can broke the mazonine floor. SRA is declare on that place.
Santosh Nair
08 January 2012 at 18:35
Hi
We have received a proposal of land in Borivili which is alloted to a Trust from Mantralaya under LIG scheme. The trust has formed a Society and now wish to sell the land or work on JV.
In case of sale the Chairman and other board members will resign and we can get our members take control of society.
In case of JV, as informed to us Development need to be done only under the society name and also the main promoter of the Trust will remain with the developer till the end since the land alloted to his Trust.
I am not sure how this Scheme works and what are the Pros & Cons and required papers that I need to verify.
First of all, can we form society of land which is not yet developed but has registered society members.
Is this the case like re development where we take the development right from Trust to develop the site.
Pls advice
Thanks
Santosh Nair
Manoj
08 January 2012 at 18:12
‘A’ a proprietor of proprietorship firm having business of construction/ developer, ‘A’ enters into development agreement with ‘X’i.e.landowners. Now ‘A’ sold his proprietorship firm (goodwill) and immoveable property to ‘B’ however it was sold vide a agreement to sell duly notarized in state of Gujarat.
Then ‘B’ executes new development agreement with same ‘X’i.e. landowners. The said land is then developed by B and residential units are being constructed and is almost complete.
Now my query is :
(1) When a proprietorship firm is sold what documents need to be executed when sale involves the goodwill and immoveable property, what is the stamp duty required to be paid in state of Gujarat and whether it is required to be registered.
(2) Now as the ‘B’ replaces ‘A’ as proprietor of the firm, whether new development agreement excecuted by ‘B’ with ‘X’Landowners is this valid in this case. Can ‘A’ claim any right in future.
(3) Now land is developed, construction is complete and units are ready for allotment. Now in this case can a bank finance this scheme. Can a Bank give loan on individual units.
(4) what is the solution available with the Bank if Bank want to finance the scheme. What documents Bank needs to get executed in its favour to secure its interest.
Anonymous
08 January 2012 at 17:48
One plot is allotted by Ghaziabad Development Authority in Neeti Khand Indirapuram and sale deed executed by GDA after taking charges for converting the plot free hold. Thereafter, owner made a three story building after sanction of map by the GDA. Now can the owner sale one floor or part thereof to someone of the said building. Is there any requirement for permission by GDA before sale or if there is any law peohibiting such sale of the one floor or part thereof. Pl. help
Anonymous
08 January 2012 at 16:48
Hi,
Kindly request you suggest me the procedure to transfer the property in the name of spouse due to death of her husband and want the property to get transfer in the name of spouse.
Thanking you in anticipation.
Learner
08 January 2012 at 14:47
In a big city of Punjab, some agricultural land is situated within the Municipal limits. The Murabbebandi or Chakkbandi (Consolidation of land) has not been held. The revenue department has deliberately misplaced the Sazar lattha or Map & Musavi in connivance with Land Mafia and it has been not prepared since two decades.
Can a Public Interest Litigation be moved on these points?
1. For injunction to direct revenue authorities to prepare Musavi & Sazar latha within a given time say six months.
2.Until then for restraining the revenue authorities from proceeding for Nishandehi, Girdawri Darustagi & partitions because it is not possible to determine the Khasra/khatoni boundaries correctly & transparently.
Property left without issues
I was brought up by my grandmother and grand father(My MOther's Mother's sister).They don't have direct issues. 2 years back my grand father died, 10 days back my grand mother also died. They had their own house at a village. For both of them my uncle(Mother's brother) did all cremation works, but I and both of brothers spent for the same. We spent for both of their hospitalisation expenses also. Apart from my uncle, in that village adjacent to my grandfather's house, my grandfather's maternal uncle's sons are also living. Now I and my brother's want to take custody of that house in our names. Now for that we don't have any written will or any other documentary proof. We are ready to settle the amounts to others who are all will claim share in the property. the patta for that house was in my grandfather's name. Now, What is the procedure to register that house in my name and in my brother's name legally? Please answer me urgently.