Anonymous
30 November 2011 at 16:57
Hi Friends,
I want to make a rent agreement between the Managing Director of my company and the Company. Whereby my MD wants to give his Mumbai situated property on rent to the Company. i want to make the rent rent agreement for 11 months.
1. i want to know whether the agreement is required to be registered in mumbai
2. what will be the consequences if i will not get it registered
3. on registration what will be the expenses.
thanks,
Poonam
RAVINDER PAL
30 November 2011 at 15:10
We are having a house which is 50% in name of my Father & 50% in name of my uncle ( Father Brother).My father is a paralytic patient and my uncle wants to sell this house without informing me & my brother by taking thumb impression of my Father , I want to take stay on this House as I and my Brother are working in job & do not live in this house .Can I take stay on this house so that my uncle is not able to sell this house without informing us.
Moreover Please let me know in how many days stay can be granted & how much expenses are involved in taking stay. Value of House is 20lacs.
Anonymous
30 November 2011 at 14:17
Hi,
We have paid the all loan dues to the bank for housing, now I wish to know the procedure to get the title clear of the property.
To make a release deed for the same how much revenue do I have to pay, where should I approach to do the same ?
Thanking you in anticipation.
Ajit Shripad Athavale
30 November 2011 at 13:52
Respected Sir,
I would like to seek point wise advice in following case of succession –
There is a coparcenary property in Maharashtra. Father was the main coparcener who died in 1988.
He has Three sons and Two daughters. ( Total Five heirs including Three coparcener sons ). One of the
Daughters is married in 1953-54. and the other before 22June1994.
The ancestral property is in the form of land and there were three separate parts of the land.
Part-1 – 100 Gunthas , Part-2 – 120 Gunthas , Part-3 – 50 Gunthas
In 1993, all the heirs decided to sell Part-1 of the property and after selling the same, the money was distributed equally among all Five heirs. Also at that time, an affidavit was signed in front of the Executive Magistrate of the District in which Two sons and Two daughters agreed in writing to leave their share in part-2 and part-3 of the balance land in favor of the third youngest son. The affidavit was not registered.
Afterwards one of the two sons who signed the said affidavit refused to sign the Vardi notice issued by the Talathi and subsequently the balance part-2 and part-3 of the land was not transferred in the name of the third youngest son,
but as on date the land is in possession with the third youngest son ( from 1976 to 1993 the possession was unofficial
on mutual understanding and after 1993 the possession is official or legal as per the signed affidavit )
One of the daughters died before 2005, and the remaining daughter also died in 2007.
Now in 2011, the third youngest son met the remaining two brothers and requested to settle the matter. Following solution
is proposed by the brothers -
Divide the balance property in four equal parts out of which three equal parts will be taken by three sons
The fourth part shall be divided in five pieces, one piece each shall be taken by three sons and remaining two pieces shall be shared by children of the deceased daughters
Now following questions shall require expert advice –
1 - Whether the above solution is a proper solution considering provisions under Hindu Succession Act 1956
2 – If the children of deceased daughters demand equal share under Amendment 39 of 2005, will it be valid ?
Are the daughters coparceners having equal share ?
I feel that considering few recent judgments of The Supreme Court, as the succession has opened in 1988 and if a notional partition is assumed just before the death of the father, the property has already vested in class I heirs in 1988. Also as the father is dead before 9-9-2005 ( The father is not a coparcener as on 9-9-2005 ) the daughters cannot be considered as coparceners and the solution proposed by the brothers is correct as per prevailing Hindu Succession Act 1956 at the time of the death of the father.
3 – One of the daughters was married in 1953-54 ( before commencement of HSA 1956 ). The marriage was not a Registered
Marriage and Special Marriage Act 1954 is not applicable ( Hindu Marriage Act is applicable ). In such a case will there be any effect on succession ?
One local lawyer advised us that the mentioned daughter will not get share in the balance property as she is married before commencement of HSA 1956.
4 – The balance property part-2 and part-3 is in possession of the youngest son ( from 1976 to 1993 the possession was
unofficial on mutual understanding and after 1993 the possession is official or legal as per the signed affidavit ).
If the youngest son files a suit claiming the ownership of the entire balance property, will it be supported by the court ?
5 – In 1993 all the five heirs have signed an affidavit in front of the Executive Magistrate of the District in which Two sons and Two daughters have agreed in writing to leave their share in part-2 and part-3 of the balance land in favor of the third youngest son. The affidavit was not registered.
Now as on today both the daughters are dead, in this situation can the said affidavit be considered as Testamentary Disposition of the deceased daughters made in 1993 ?
If yes, the children of the deceased daughters will not get any share in the balance property as the same is given to the youngest brother by their mothers.
The remaining sons who signed the affidavit are still alive and for them the same cannot be considered as
Testamentary Disposition and if required, the sons have agreed to make a fresh will.
6 – I am a son of the eldest son. Depending upon your expert advice, I will decide whether to file a suit or to go for a further Compromise.
Your prompt reply giving expert advice will be highly appreciated.
With Best Regards.
Ajit Shripad Athavale
Cell - 9822322248
venkatkrishna
30 November 2011 at 13:30
As per Registration Act every immoveble property is to be registered for the purpose of :
1. For having good Title over the property and
2. Peaceful occupation and enjoyment of the same.
The said two are the basic reasons for a purchaser purchasing of any property from any person and to get it registration done. It is also clear that un-registered document is not having any evidentiary value. So as per law, only payment by way of stamp duty and registration charges gives evidentiary value to the document? In such case all registered documents on payment of proper stamp duty, there is no doubt that, the document is a valid one.
My question is, if the govt authority impose charges by way of Stamp duty and Registration charges, it is govt’s moral responsibility to protect the right of the purchaser also Simply Govt cannot wash their hand by saying that my duty is only to receive revenue and I cannot ensure the right on the property. Then what is the meaning of registration and evidentiary value to it.
I come across several incidents where builders / agents etc., selling one property to several people and all such docs are registered by paying all legal charges to get the validity of the document. But finally no one can have clear title over the property. How can govt can escape by saying that buyer has to check before purchasing. I differ here, if the govt records are foolproof and crystal clear, then such incidents will not occur.
Now a days technology improved, like bank transactions within seconds you get the transaction details of your account. How come our govt is not implementing proper system to protect the genuine purchasers interest. Surely I can say only genuine buyers will fall in the trap of cheaters those colluded with govt officials. All such purchasers are from middle or lower middle class. Their hard earned money is spending to purchase a house or flat but because of insecured govt system they loose money and no where there is a protection for their money.
The income after payment of Income Tax is legal money in the hands of the citizen of India. It will be the Govt duty to protect the interest of the citizen. Otherwise, for what purpose, govt collect various taxes from the citizens. How can the Govt escape from their responsibilities. Why courts also support govt., always in revenue matters.
Pl explain if there is no such protection to the tax payer, for what purpose Govt can collect taxes. Will it not be against law. If the same law is applied by a citizen it is called illegal and if the Govt follows, it is legal. It is our great Indian Legal System.
Anonymous
30 November 2011 at 13:05
Dear Sirs,
Many members in our society in Mumbai has altered and converted their 1 BHK flat in to 2 BHK by converting kitchen in a small bed room and passage in to a kitchen. None of the member has increase the original area of the flat. Further, the beam and pillars also remained untouched. Society has no objection for the same.
Is this changes is allowable? can any one lodge a complaint to authority (BMC) againt these alternation already made?
Please reply.
Thanks.
anish
30 November 2011 at 12:39
Sir
I want to give my flat to one of the friends for use as residence for 12 months without collecting any rent/fees. However for the sake of clearity i would like to execute an agreement. Can there be a Leave & license agreement without license fees and deposit or such agreement will be termed as a kind of MOU? In such case the parties would be termed as licensor/licensee or owner/user or some other terms are to be used? Legally what should be done so that he may not create or claim any interest /right in flat in future? Generally all terms of standard Leave & license agreement except payment of any license fees are agreed.
Anonymous
30 November 2011 at 10:22
My father is the eldest of 8 siblings - 3 sisters and 5 brothers (including himself).My grandfather passed away in 1964 intestate. He owned a residential property in Bangalore. Since my father was the eldest brother, he took charge and cleared off existing debts on the property and also in marrying off the youngest siblings and settling them. 2 sisters signed a release deed relinquishing the property in his favour. 1 brother and 1 sister signed the release deed in return for a consideration. 3 brothers signed release deeds in my fathers favour at a later date, for a consideration. In effect all 7 siblings have given release deeds in my father's favour. The release deeds are all registered and are on stamp paper. Now, 2 of the brothers have sent us a notice asking for a share in the property (after 31 years !! Release deed given by them in 1980). My father has been paying taxes and has the Khatha certificates too in his name. I have the following queries :
- Is this a valid case ? Should not the court dismiss such frivolous claims and also penalize the people who file such cases ?
- After giving release deeds, can these people or their children stake such claims ? The release deed clearly states that they are releasing their rights to my father and his heirs.
- How long does such cases take, to be decided ? An approximate timeline ?
- We are respectable people in our society, and such a claim is causing dis-repute to the family. Can we do something to teach these people a lesson ?
Any inputs regarding the matter will be much appreciated.
Anonymous
30 November 2011 at 09:09
Sir
We would like to buy a flat and are paying
token money, what should be the draft, as seller wants two to three month time to deal go through.Property is in Devlali/Nasik
and after that what documents to receive from
them to negotiate the loan with bank. we will
engage lawyer as soon as possible.
sudhir
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Deed of relinquishment -
Sir,
We, after receiving the expert opinion fromthe Legal Forum, discussed the issue of distribution of property amongst ourselves. My brother in whose favour we had executed the deed of relinqishment has now agreed to our proposal to sell the property and share the sale proceeds equally. My three brother and their families are staying in the property in question (141 sq.yds - , Shakur Basti, Delhi) - our sister and one brother are staying in rented accommodation.
Out of six legal heirs, five are in agreement to sell the property but one of our brother is insisting that he be given 35% share of the sale proceeds and rest be shared amongsgt other legal heirs as otherwise he is not willing to vacate the portion in his occupation. There is no tenancy agreement with him. What course of legal action can we take to ask him to vacate the property and how much time it is going to take for the court to segttle the case.
Regards
Krishan Lal