Anonymous
16 December 2011 at 20:34
MY FATHER WAS GIVEN 5 ACRES PARAMBOKE LAND IN THE YEAR 1973 IN ANDHRA PRADESH FROM THE GOVT. AFTER THE RETIREMENT FROM THE INDIAN ARMY. WE GOT THE LAND PAPERS & PASSBOOK. BUT THE LAND IS OCCUPIED BY THE LOCAL SC /ST VILLAGERS. WE HAVE GIVEN SEVERAL APPLICATIONS TO THE MANDAL REVENUE OFFICER & FILED APPLICATION FOR LAND DEMARCATION BUT THE VILLAGERS DIDN'T ALLOWED TO SURVEY THE LAND. WHAT SHALL I DO. PLEASE GIVE EXPERT ADVICE.
Anonymous
16 December 2011 at 20:19
Sir, My Grandfather purchased land around 1947 and he during his lifetime give his property to his only son(my father) in year 1981 through Court decree and the same mutated in father"s name in Fard/Intkal in pursuance of Court decree.The said property was given to me through release deed by my father in year 2005 and the same mutated in my name in Fard in pursuance of this Release deed . Now my brother is challenging this Release deed saying it is ancestral property and he has birth right share in the said property. Please guide me whether this property is Ancestral or not?
Anonymous
16 December 2011 at 20:09
A executed the last and final registered will in respect to a particular property only in my favour. A was bachelor. i am not having any blood relation with A . After the death of A one person "X" claiming to be the nephew of A has filed the objections to the Will . my query is :-
1. who is the legal heir of A in respect to the particular property , me or "X" ?
2. will i be called the legal heir or the beneficiary of the will in respect to that particular property ?
3. Is there any difference between the legal heir and benefiary of the Will ?
Learner
16 December 2011 at 20:08
Can a co-sharer force partition & get interim stay against co-sharers restraining them from alienating their plots during the pendency of the partition proceedings?
The relevant facts are:
1.It is a 10 Kanals (54500 sq. feet) agricultural gair-mumkin land, now situated within municipal limits of a small town in Haryana.
2.The original seller sold his share in specific numbers of 10 Kanals to three persons some thirty years ago. They divided this land into some small plots of unequal dimensions and sold it further. So it is an unauthorized colony but still unpopulated.
3.The property is a joint property (Mustrka Khata), some of the opening sale deeds bear unclear dimensions. The original sellers have not yet sold their entire share, thus, hopefully, leaving the share for the streets.
4.During the course of time, dimensions in subsequent sale deeds were deliberately changed & possessions altered to dispossess the weaker ones. As a matter of record, the alteration in subsequent sale deeds can be shown.
5.The partition proceedings would commence in Civil Court as the land is gair-mumkin.
So, can we get the interim stay during partition proceedings against the co-sharers? What is the law & what are the chances?
Anonymous
16 December 2011 at 20:01
I purchased a property from “X” 1999. The entire consideration was paid to “X” . The “X” executed an ATS , GPA etc in my favour but they could not be registered . The possession was also not handed over . After the death of “X” one “Y” claiming to be the only legal heir of “X” asserted his rights on the property. As per agreement I filed Arbitration case. After some time “Y” compromised the matter after taking some more money from me . I took the receipt of the same and the settlement documents and receipt were jointly submitted to the arbitrator to publish the consented award on the basis of settlement. As per the settlement the “Y” was to execute proper transfer documents in my favour and in the event of failure to not to do so was to pay me the agreed damages mentioned in the settlement . The arbitrator published the award directing “Y” to execute transfer papers and in the alternatively in the event of failing to do so to pay the agreed damages as per the settlement to me . Five months after the publication of award the “Y’ is neither executing transfer documents in my favour nor paying me the damages . Now it has been revealed that apart from “Y” one “Z” is also the legal heir of the deceased “X” and this fact was concealed by “Y” . . The “Z” has given the NOC and consent in my favour . He has also given me the letter that he is aware of the award published in my favour and is ready to honour that award also .
Sir(s), Now my query is
1. How can I get back my property .
2. What are the legal remedies available to me .
3. Is the award in my favour valid and how can it be executed .
4. Is the award binding on “Z” even when he was not the party to arbitration but he has given his consent to honour the award .
5. What actions can I take against “Y” for the execution of the Award .
THANKS IN ADVANCE
Krishnaraj
16 December 2011 at 16:55
Dear Experts, Kindly Advice..
Mrs. 'X' had 7 childrens namely A,B,C,D,E,F,G. She had 27 cents of land in her name at the time of her Death. In RTC, 3 names are included (X & 2 childers), those are 'X', 'A' & 'B',
'A' & 'B' both have expired and have 3 & 6 childrens each. Now Childrens of 'A' & 'B' want their 33% share each as mentioned in the RTC ( divided in to 3 names) Also 1/7 th share which belongs to 'X' at the time of her death.
But for this settlement other Childrens of Mrs.'X' who are namely C,D,E,F & G,are not accepting. They demand for Full share of 27 cents land to be divided equally among 7 childrens, for which Childrens of A&B not accepting.
Kindly advise how this matter need to be settled & what does the LAW says. Does it require to to shared equally among all the childrens of X, or only the 33% of X, need to be shared between 7 childrens of X.
Anonymous
16 December 2011 at 16:32
My CHS is under redevelopment process(no tender document process is followed----- GUIDELINES AS PER 79 (A)).
Offer received from a single developer was further negotiated without taking anything in writing(verbal offer).
Now developer has now send MoU which does not contain what was there in the original offer but it has incorporated the earlier verbal offer to certain extent.
No time limit has been specified in the MoU.
Also the developer is a Pvt Ltd Company as per offer document but the MoU states that it now is a partnership firm.
I am of the view that the said developer must
1)give revised final offer in written manor
2)MoU must be at par with the offer document and the form of organisation of the developer must be clear.(as he is one of the party to MoU)
3)MoU must be approved by our CHS lawyer before members sign it.
Majority CHS members r of view that there is no need to follow such detail procedure and are favoring the developer.The give baseless answers to all my query(s)
What should I Do?
This is our current status
1)No structural audit is done
2)Committee members r all defaulting members in respect of maintenance dues
3)There is no fixed time and intimation of meetings
4)They do not discuss the matters with the CHS lawyer
5)Offer Document differs in proportionate % of additional area for different types of flat (which has to be same in %)
6)No member has given consent letter(majority members r not aware of legal procedures)
7)meetings end with blame game
Anonymous
16 December 2011 at 13:30
my father property is his on name but his power of attorney is his brother name, i want to know can my uncle sell my father property on the basis of POA, if no, as per supreme court judgement then in what condition he can sell, whether POA is required to registered then it could be sale easily or not.. can my father appoint me as his attorney in his bother place, what its procedure pls clarify whole query.............thanks in advance( property is in mumbai Dist.thane)
Anonymous
16 December 2011 at 10:33
Dear Professionals,
I have a query regarding Memorandum of Understanding.
We are planning to sell off our land to 1 party.It seems that the party is not able to pay the entire consideration at once,they have committed to make entire payment in installments which will take few months in realisation of the total agreed amount.Thus, we have decided to go ahead with MOU so as to ensure some binding on the party regarding execution of deal agreed upon.
Now,my query is,what if they don't keep their committment & meanwhile back out from the agreed deal due to any reason,I mean do they have any legal binding of execution of the deal after signing MOU or they can revoke their interest anytime.Whats the exact scope of MOU,pls explain.
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Dispute with tenant
Sir, I need advice, as I have given my flat to x for 11 months. an aggrement unregisterd was done. Rent was fixed for 7300/- + 15000/-security three months back. Only one month rent was paid by the tenant. and he ran becuase he was involved in a case of 420. he got bail after 2 months from high court. Now he does not want to pay rent and asked to adjust it from security, and the this months rent he is delaying. Pl. advice how can i get my flat back and what should I do in this situation. He has got photocopy of the aggrement with my sign on that. All transaction was done in cash. I met with the tenant, he has aggreed to pay this month rent by tuesday i.e. by 20th Dec. and to vacate by march/ april 2012.