Anonymous
07 October 2020 at 09:53
Hi sir we are four children of father who own a cidco flat in navimumbai. He expired in september 2020. what is the procedure to get the ownership of the flat so as to be able to sell it later by we four children. Its said that Maha govt. has done some major amendment in related laws which we are not aware of. I request a step by step procedure to get things in proper order. Yes father has made the will & wanted property to divide equally among children.
Your advice in this regard will be hihly appreciated sir,
viku589
Anonymous
06 October 2020 at 17:34
Respected experts,
I own land, and can I transfer the property to the partnership firm or in the name of my partners?
Anonymous
06 October 2020 at 15:09
The suit premises is residential room which is belonged to Housing authority such as Delhi Development Authority (DDA). It is tenancy property and not ownership basis. Only tenancy right in respect of room is transferred in favor of person and not ownership right. Not giving exact details of authority to mantain privacy.
Law through which authority is established says that the prior permission of authority is required to transfer the tenancy right in favor of third person and if transaction is done without permission then authority can refuse the transfer of tenancy and purchaser of room will be unauthorised occupant and can be removed from there and authority will take possession of room.
But in practice people do it without permission and whoever is in possession of room apply for tenancy right transfer in his name saying that he purchased tenancy right from earlier owner and authority transfer tenancy right in favour of new purchaser based on registered sale deed and after verification of possession of new purchaser.
Hence important point to be highlighted is that in this case only sale deed does not constitute the valid title document. Sale must be authorised by the concerned housing authority. Unless and untill sale is authorised by housing authority it is no sale and does not confer full right over room to new purchaser even if he is in possession and purchased property through sale deed.
Fact of the case:
Suit is for possession and it is alleged that defendant has forcibly dispossessed plaintiff and illegally transfer the tenancy in his name in collusion and connivance with housing authority and legal heirs of room. Plaintiff is also legal heir who's right is refused by the defendants.
Housing authority, Plaintiff and Defendant who is in possession is appearing before the court. During pendency plaintiff informed the court that defendant is in process of selling suit property to Mr. A but before registering sale deed, court restricted housing authority and defendant from executing any further document in favour of Mr. A and ordered not to transfer possession to Mr. A.
Possession is transferred and sale deed executed in favour of Mr. A by defendant in defiance of injunction. Mr. A was aware of injunction order though not party to the suit as copy of order was served to him as well.
Mr. A is in possession of suit property whereas tenancy still in the name of defendant. Mr. A is enjoying the property and not even applied to housing authority for transfer of tenancy right in his favour to housing authority. As he is aware that court has ordered housing authority to not execute any document in the name of Mr. A.
Because matter is before court, Housing authority will neither transfer tenancy right to mr. A nor remove mr. A from suit property even the transaction is done without its permission and housing authority can remove mr. A from property by virtue of power granted to it by its law. But stand of housing authority before court is that whatever the court decide is accepted to them.
Now Mr. A is added as party to suit and injunction is sought against him to not to create any further third party right which will be surely granted.
But along with this we have too asked for removal of Mr. A from suit property and order for authority to take possession and seal it as an agent of court receiver.
Contention behind this is that only third party injunction is not enough to preserve the property because Mr. A who has purchased it in violation of injunction order in spite of knowledge of order can obviously sell suit property in spite of injunction order. After appearance of mr. A before court who is refusing the summons of court, court can remove court receiver if he furnish security or satisfies the court.
Whether court receiver is justified in this case? What will be likely order of court? Any judgement of court in this behalf in respect of appointment of court receiver will be highly appreciated.
Thank you and sorry for the long query.
Anonymous
05 October 2020 at 15:29
A house property which is registered in my name and the original document in my custody, my father's cousin sister, was given the house on rental basis during 1960 when I was small. When I was major, under religious pressure, he gave a note of Rs 100/- that the house is sold for
Rs.30, 000/= without having received rent for more than 115 years then. Now, out of three children, the youngest daughter is dwelling in the house, and she has sublet the house on rent. She wanted to sell, due to the requirement of legal heir signature that I did not sign, it was not sold. How to solve it when my father, without knowing or remembering I am the legal heir. Then I was 22 years when the note was given.
How to evict them. What procedures I have to do.
Anil Sharma
05 October 2020 at 13:34
Dear All
My wife has given the NOC to her mother's name after the death of her father in feb 2020, my wife given noc in front of tehsildar in other state by sign and stamp on subject matter written by her paternal side advocate. now we come to know that she is going to transfer all her property to her son.
I would like to know that can my wife still claim her share in that property.
Regards
Jeevan Patil
04 October 2020 at 16:22
A has 70 share and B 30 share nominated by father as only 2 heir daughers. On death of father, both daughters want to hold flat in joint name. In case of sell,of course sell proceeds will be devided 70 and 30%. But they want to become joint members in Flat of Hsg society. How society will make transfer 1) Member and Associate member 2) who should liable to pay maintenance and property tax and how much by whom. 3) Despite nominees 70 n 30 share, on becoming joint members,if property is sold by them, how proceeds is legally devised, when flat is now on joint name. -Jeevan
Anonymous
02 October 2020 at 08:11
I have entered a lease agreement with BSNL with effect from 2005 to construct and operate a mobile tower in my property.The period of the agreement expired on march2020.Nothing was done by BSNL till August 2020 either to renewal or to vacate.I have sent a regd.notice to them stating that the period of lease expired so your immediate intervention in this matter is urgent otherwise after the expiration of 30 days of this notice your entry to my property and operate of Tower will be treated as illegal..Is that notice is legally valid?
amit oza
01 October 2020 at 19:20
Hi,
Need guidance for purchasing agriculture land in Maharashtra ..
1.what type of records should be verified
2.Out of the total 32 guntas i am purchasing only 5 guntas , so is it possible to transfer the 5 gunats on my name .
3.whats is the process of converting AL to NA land
4.The land is under Gram panchayat .
5. is construction is allowed
Any once can guide me on this quires
Thanks
Pooja
01 October 2020 at 14:07
I drafted registry deed for my client ( lives in Patna ) of land which is in Hazaribagh. Before sale deed submission in registry office I took photos of every signed documents. I just came to know that pages of registration sale deed got changed by buyer after submission with FORGED signature of my client. Please guide me what is the best course of action.
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