vikas
26 December 2011 at 23:28
In 1968 my father bought 2.06 acre land( in chhattisgarh) in the name of me(radheshyam ) and my elder brother(daya).At that time we were not adults.That land is in hands of my father since last 45 years.Now my father wants to distribute this land in his 6 son and 4 daughter because they were not born that time but i dont want to distribute that land.My all brother and sisters have applied a case in tehsildar court to distribute this land.
my questions are as follows:
Qu 1: Is there any possibility of distribution of this land to all the brothers and sisters?
Qu 2: Is there any necessary steps to be taken by us and our lawyer to regain control over that land?
Chinna Reddy Chandra Mohan
26 December 2011 at 21:44
in 1994 My Mother gifted me a immovable property (house) and as I was working in IAF I could not immediately mutate (accept) the same. No condition / contract was specified in the gift deed. The document has been registered at Registrar. In 1995 she revoked through by making another document and registering the same with Registrar (but not through law of court). The gift deed documents were with my mother only at the time cancellation.
The reasons shown the cancellation deed are misrepresentations like (1) That I am neglecting her (2) she stated that there is no other source for her (where my father was alive and was getting monthly pension (2) That I am trying to sell the gifted house (how it is possible without acceptance / mutation).
Further followed by a cancellation registered deed she wrote a will based on which my brother is claiming property.
My brother has applied for Probate (through court) and not obtained proper NOC from siblings.
Questions:
(1) Is the cancellation of gift deed before my acceptance through registered document (not through law of courts) is valid?
(2) If the cancellation of Gift deed is not valid / authorized (as it is not done through the Law of Court) is the Will written in favour of my brother is valid ?
(3) Finally and legally to whom the property should be transferred.
--
Thanks and Regards
Chinna Reddy Chandra Mohan
Anonymous
26 December 2011 at 18:59
my father signed a will in 1995 my name (son)for a house which was alloted to him by L&DO (Delhi) in 1955 , I have 3 sisters are all married and live with there husband. My mother who is alive and 81 years old is residing with me. My father passed away this year (2011. The house is leasehold and the will is unregistered.
Can you please guide me what should i do to tranfer the house.
Thanks
My Sister's are ready, if I tranfer the house in my name they want to sign. Pl. advice me what type of document my sister should sign in my favour.
Anonymous
26 December 2011 at 17:57
Principal is in London.
I am a POA (GPA) residing at Kolkatta registered my GPA at Kolkatta.
Immovable Properties are at Delhi.
Can I sell the properties at Delhi, or should I register my GPA at Delhi?
Anonymous
26 December 2011 at 17:25
Hi,
Mother had self acquired property in (1955)no other property for family.
ealder son earned with help of (consent)
mother's property during father and mother alive(1969-80) registered on his name.
younger son studied and joined for govt service he is stayin away on his work from 1974.
now parents are not alive.
father died in 1986
Mother died in 2005
question :
1) Ealder son required any writen proof from his mother side regarding her consent to prove it is his self acquired property?
or
2)By default it comes in self acquired property of ealder son?
Anonymous
26 December 2011 at 15:42
We are a limited company in Kolkata having 1.7 acres of leasehold land in Hooghly district. We want to sale it to MrX. For which we have decided to proceed by preparing an agreement of sale which our legal department shall draft and a deed of sale of land which shall be drafted by the external lawyer. Sir i am a very junior professional having little knowledge in this area. Kindly explain me what is the difference between this 'agreement of sale' and 'deed of sale land'? Do both require registrations or only the deed require registration?
Thanks in advance,
Anjali from Kolkata
SURENDER gupta
26 December 2011 at 15:10
SIR
I BOOKED A FLAT WITH PARAMOUNT BUILDER IN GHAZIABAD AS PER AGRIMENT BUILDER HAS TO DELIVER THE FLAT BY 30 APRIL 2011 OR WITH 3 MONTHS GRACE PERIOD i;e 30 july 2011 .
if builder doesnot give the possession then he will pay 5 rs per sq ft penalty per month . he paid august and september 2011's penalty now he is refussing to pay more penalty of the month of october november,december 2011 by saying this "i have give you offer of possession's letter in the month of 1st august 2011
but till today he just made registry of the flat but physical possession yet to be deliverd .
now my querry is this
IS BUILDER DENIED FOR PENALTY ON THE GROUND THAT HE HAS GIVEN OFFER OF POSSESSION'S LETTER ?
CAN I COMPLAINT AGAINST THE BUILDER IN CONSUMER FORUM COURT IN N0IDA BECAUSE HIS REGD OFFICE IN NOIDA?
OR WHAT STEPS I CAN TAKE AGAINST THE BUILDER?
PLS SUGGEST ME
THANKING YOU
SURENDER GUPTA
Rajesh Nambiar
26 December 2011 at 10:16
I booked a 2BHK flat for a newly launched project by Lodha builders in Thane called “Casa Univis” in December 2008.I kept paying then in the stages they had set out. The agreement was also signed with the builder in June 2009 stating possession date as December 2010 with a 6 months grace period, failing which the builder is liable to pay penalty @ 12% per annum after the grace period, until physical possession takes place...Since this project was self funded, I was told by the builders customer care that the Stamp duty & registration can be done close to possession date. I have already paid 95 % to the builder. The project as of now is delayed by 6 months from the date of grace period(3 years from booking date).The builder’s new possession date is March 31st 2012 ,& he is asking for a further grace period of 1 year.
Recently, I was told by the builder to complete the Stamp Duty & registration, for which I was asked to prepare Pay orders for Stamp duty & registration which I did very promptly. We fixed up a date for registration at the registrar’s office in Thane.
On reaching the registrar’s office, to my utter disbelief, the builder attached stamp duty receipt on a brand new agreement (which I had never seen before) with all clauses altered, the penalty clause on delayed possession removed & compelled me to sign it, for which I refused. On speaking to the builder, customer support, as to how they could pay stamp duty on a new agreement which I had neither seen nor signed, I was told that their company policy has changed & I had no choice but to accept the changes.
I refused to sign & just walked off with the new agreement which had the stamp duty paid to study it. In the meanwhile the builder’s office called me several times & insisted that I return the new agreement back to them, but I declined. On studying this agreement, I found that the builder has changed almost all clauses to his favor even mentioning that all agreements made previously becomes null & void & this agreement supersedes all commitments whatsoever in oral/written that the builder had ever made in the past.Further, he would have the right to terminate the agreement if he is unable to complete the project.
Having paid 95%, I don’t know what to do. The builder being politically well connected does not care for poor investors like us, who have put together their life time savings.
About 2 weeks back I sent the builder a letter by Registered Post to pay me penalty as per the original agreement , register the agreement
with clauses coherent to the original agreement & handover posession at the soonest.
However,even after a reminder (again by Registered Post)there is no response from the builder.My tel. calls to them remain unanswered.
Please advice whether I should go ahead with Consumer Court . Also advice ,in an average how long could it take for the Consumer Court to grant me relief.
Look forward to your expert advice
Anonymous
26 December 2011 at 10:00
My grandfather has written the registered will in the name of my Father. My father has one sister who is alreday expired. The property is still is in Grandfather name. Now can my father can write a will in my name without trasfering the propert in my father name. Is that will be valid will. After my father on the propert there will be two will one by my grand father in name of my father and from my father to me. It is ok as per law. Or there is some other beter way of doing this.
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What is the definition of ancestral property?
Dear Experts,Will you please tell me about ancesral property definition under which son or daughter has birth right to ask his/her share from his/her father ?
Please also provide the reference of book with page number(i.e. in which law-book the ancesral property definition is written).
I am asking the above question because not only the ordinary people but also the lawyers are also has different opinion on this matter. Some Lawyers says that the property purchased by Grandfather is ancestral and some says that the property purchased by Great grandfather will be treated as ancestral.