Anonymous
27 November 2011 at 17:01
My father in law Mr. MAHESH married with LATA, had born eldest a son & then 3 daughters. LATA had died after 1 year of this 4th delivery & thus Mr. MAHESH had remarried with RAMA (younger sister of LATA). Rama born 3 daughters herself also.
Mr. Mahesh purchased a home & registered on his own name, then purchased 2 plots at a time & registered each on name of his wife RAMA & minor son Mr. MANOJ. After some period, he had built also some rooms on 2nd plot & died 8 years ago after married of his 2 daughters. 3rd daughter & the son (MANOJ) married thereafter. After 6 months of marriage, Mr. MANOJ left her widow mother & 3 elder sisters and settled on that 2nd plot saying that “I am not responsible for you ( step mother RAMA & sisters), my mother & father had died already. You are not my mother & sisters.”
He neither looked after his mother/ sisters nor helped financially. So sisters left their education & started teaching in private schools & tuitions.
Few months ago, MANOJ had sold that 2nd plot (constructed), bought another plot by this money, started construction & living also on the other plot that is registered on name of RAMA, without any discussion & information to them. Now he is trying to sell the oldest house also, where his mother & sisters are living. Complete family is puzzled too. Mrs. RAMA & daughters are trying for suicide also, PLEASE GUIDE –
- How can mother & sisters found back the plot, that is captured illegally (Documents available with mother)?
- Can they claim for maintenance charges for past 8 years & future also, how?
- Can the mother sell that plot now to another person?
Anik Neogi
27 November 2011 at 14:23
1. The property in question was divided into 3 unequal parts among 1 brother and 2 sisters by their mother (now deceased) in a registered deed of settlement.
2. Does the brother need to mutate his share of the property to be able to sell / lease it to an individual or a developer / promoter?
3. Will an individual buying the property directly or buying a developed part of the property (if sold / leased to developer / promoter) qualify for a bank loan?
4. What can be done if there is a mismatch between government records (West Bengal) and the deed of settlement regarding the brother's share of the property? (There is no mismatch in case of the sisters' shares mentioned in the deed of settlement).
Here, I must mention that the mismatch is regarding a small parcel of land (from the brother's entire share). According to erroneous government records, this parcel of land belongs to some third party (some neighbors in the area) although the deed of settlement and the will probate don't show their names anywhere. This is why the mutation request for the brother's entire share of the property has been rejected by the govt. officer. What can be done now? Can the brother get at least the all the matching parts of his share mutated first?
biren shah
27 November 2011 at 14:16
I am from Ahmedabad , Gujarat
I rec. one property by court order and possession given by court belief
(1) What is the procedure for registration at Registrar office(Where all sale deeg agreement registar) ?
(2) If soc. not trf. such property. What is the way ?
thanks
Never Give up
27 November 2011 at 13:02
Hello Experts,
Need your help in particular scenario.
40 years old Building (two storied, two flats on each floor) is owned by 3 brothers and all living in the same building. Brother living on the first floor owns two flats in the building. one on first floor and another on second floor.
Now brother living on the first floor is planning to put 1000 Litre tank on the terrace. Concern here is the same tank is being planned on the top of other brother's flat. This water tank would create pressure on flat and may damage the structure of the building.
What could be done to stop him from putting water tank on another brothers flat ? The first floor brother is not ready to put water tank on her own slab area.
Expert please suggest.
Thank you.
Anonymous
27 November 2011 at 09:55
Dear Sir,
I purchased an under construction flat in June 2009. I was supposed to get possession in September 2010 but finally builder is giving possession on December 2011. But before giving possession builder is asking for following:
1. Service tax on the amount I paid after June 2010 (Cash)
2. VAT @ 1% of flat value (Cheque)
3. Society maintenance @ 3 Rs per Sq ft (Cheque)
4. Society formation charge of Rs. 35000 (cash)
My question is:
1. Builder is asking for cash for the service tax to be paid and he won't be giving any receipt for the same. Is this ok?
2. For VAT, builder has asked to give cheque in builder name. Why not govt. dept. name?
3. Most importantly builder is asking for Rs. 35000 (cash) as society formation charges and he won't give any receipt also. Is this right?
4. Is this ok to occupy the flat without OC, will there be any legal implication?
I would request you to help me with your kind suggestion ASAP for above queries.
You can reply me on my email atanu83@gmail.com
Thanking you.
Atul Sondhi
27 November 2011 at 06:14
Dear Sir ,
We are 2 brothers, my father owned a D.D.A
Flat as original allottee ,he passed away in July 2011 without making a Will. What documents have to be submitted in D.D.A to get the flat transferred to my mother's name.
Regards,
Atul
Anonymous
27 November 2011 at 03:40
A is holding land, allotted by govt for agriculture in forest area.
he is in possession for 40 years.
can he sell it?
What procedure to follow to get approval from Forest Dept in Nashik-Shirdi area of Maharashtra State?
Thanks,
Anonymous
26 November 2011 at 22:45
Hi,
I need to transfer the property 1BHK which could cost 1Cr to my sister's name ?.
Can you let me know the best possible ways to save on Registration and Stamp Duty
Also since it is between Bro and Sis can the Society charges be waived off ?
R S RATHORE
26 November 2011 at 20:02
I bought a from narne Estates, plot no 33, block F, sector II, situated in survey no 24 of East City of Rangapur Village, Bibibnagar Nagar Mandal, Nargonda District, Andhra Pradesh in 1990.
The plot is registered in my name but to date I have been unable to sell it as the land is under dispute.
The builder continues to charge Rs. 1200 per year as maintenance charges for ensuring the security of the plot.
I am interested in sellling the plot so would like to know if I can sell it or is the land really under dispute. If I can sell it then what is the current price of it.
I am fed up of the endless wait and am desperately looking for legal advise on what should I do and how to recover my money.
I would appreciate all the help I can and if I need to go to court in this regard who can help me do so.
Thanks.
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Rented property
I have a Commercial property at Delhi which I had taken on rent intially 46 years back but after 26 years we purchased it from its owner. The poperty had divisions in one of which it was rented since before we were on rent.Such property was and is still unauthorised as per Delhi Norms as such is not in the Registered Property Plan.
We have rent agreement of such tenant with the pevious owner & on another agreement with such previous owner he gave us the authorisation to receive rent from such tenant thereafter. We starting reciving rent from him since then which is Rs 225/-.
In 1990 we started destructing the property but he got a stay order over it. So we filed a case and we won. However since then he has not been paying any then neither we have approached him for such nominal rent as expense of recovery of such rent is more than the rent. Even property tax is more than such rent.
Please guide me how to get rid of such tenant now. Please refer some case in support. Will it be Possible to get rid of such tenant ?
Please HELP