Anonymous
14 November 2011 at 09:11
Sir,
A purchased property from B thru ATS and a Will was also registered by B in favour of A . an arbitration agreement was also entered between A and B in respect to the said property . But before allotment could me made B expired . A filed probate case and filed list of relations as X as known LR of B . notice issued . public notice in news paper published as per court direction . X appeared on first date . after that none appeared on behalf of X . Ex parte LOA was granted after completing all formalities. Now Y is claiming to be the only LR of B . It has been revealed that X was not even the LR and he played fraud . Now A and Y are together .
Now in order to perfect the title shud A file a suit for declaration of being the legal owner of the Will probated by court.
Who will be the proper parties to the suit .
Whether only Y should be made the party
Whether X shud also be made party to the suit for declaration even when he is not the real LR of B but he was in the list of relations in the probate case .
Further can the declaration claim be referred to Arbitrator since there is an arbitration clause.
Does the Arbitrator have the power and jurisdiction to decide declaration of ownership of property .
Any other legal remedy . Please advise
Shiv Raaj Ratnam
14 November 2011 at 07:49
Dear Sir ,
Explaining a situation about conveyance of land , please enlighten about the repercussions :
20 years ago a particular community people formed a Society and agreed to transfer the lands in their individual names to the Society .The transferors have all died now but the witnesses in the Agreement ( mostly their legal heirs are all alive ) . The Society sold the land to a Developer “A” for a token and sharing of a particular percentage of the constructed property . In the meantime due to family disputes among various transferors a few legal heirs as well as some original transferors further again sold the portion of their land to different builders on Power of Attorney and Development Rights Agreement .These Builders have constructed buildings , sold them to people and walked out with all the profits . The land documents are still in the name of deceased transferors .
Now the Developer “A” has filed a suit for Specific Performance on the Society and the witnesses who are the legal heirs of the original landowners have already made Deed of Declaration that they were witness to the transfer of land by the original owners to the Society and the agreement further signed between the society and Developer “A”.
If the name of Developer “A” comes in the land records of the Government , the buildings constructed by the other builders will be illegal buildings . What is the remedy for the flat owners who have purchased flats from the unscrupulous builders ?
Shiv Raaj Ratnam
vatan
13 November 2011 at 22:58
Dear all,
kindly tell me, under which law the patta alloted to sc, bc, obc for residential purpose in the villages of uttar pradesh, and what are the rules.
Can the prson to whom the patta alloted, sale the land of patta to another.
Jameer
13 November 2011 at 21:47
Hello sir i want to know that if i want to file a case related to property which is in my home town,in which town or city can i file the case in court that is in the same home town or any other district courts or else i can directly approach high court.
Thank you
Anonymous
13 November 2011 at 19:18
SIR,
I APPLIED FOR A HOME LOAN IN SYNDICATE BANK MAHANAGAR BRANCH LUCKNOW(U.P)DT ON 08/02/2011
WHICH WAS APPROVED ON THE BASIS OF NON ENCUMBRANCE CERTIFICATE & LEGAL REPORT ON DT 17/02/2011.AFTER THAT BANK SANCTIONED Rs 1200000 ON DT 22/02/2011.AND I GOT REGISTERED THE HOME ON THE SAME DATE.AFTER THE REGISTRY IT WAS FOUND THAT THE ABOVE MENTIONED HOUSE WAS ALREADY REGISTERED THROUGH AN AGREEMENT DT ON 23/10/2010.BUT THIS AGREEMENT WAS NOT MENTIONED BY THE BANK'S LAWYER IN HIS REPORT.AND FURTHER THE SECOND REGISTRY WAS DONE TO ANOTHER PERSON ON DT 26/04/2011.SIR NOW WE ARE IN GREAT TROUBLE THAT BANK HAS GIVEN (1200000 Rs)ON A SOLD PROPERTY.SIR I WANT YOUR SUGESSION ABOUT WHAT SHOULD I DO AGAINST BANK.SIR THE HOUSE WAS IN OUR POSSESSION BUT THE ANOTHER PARTY IS A HIGH LEVEL GUNDAS THEY ARE NOT WILLING TO LIVE IN THE HOUSE AND LOCKED THE HOUSE.SIR ITS A BLENDER MISTAKE BY THE BANK'S LAWYER AND IN SUCH A LOT OF DISPUTES HOW SHALL I PAY THE LOAN OF THE BANK.
PLEASE HELP ME BY GIVING YOUR ADVICE THAT WHAT SHOULD I DO ?
THANKING YOU
Dhanalakshmi
13 November 2011 at 14:39
Dear all,
I have one more query. My husband had owned a car on a loan and paid the full loan amount 2 months before he commit suicide. After his death my father-in-law transfer the car to his daughter name ( I dont know whether legally or illegally).
Kindly clarify can I claim the car from him now?
Thanks
mahesh.t.sukhwani
13 November 2011 at 13:32
GOOD AFTERNOON RESPECTED SIR
I HAD ENTERED AN M.O.U. WITH LANDLORD 5YRS BACK IN PUNE IN THE DOCUMENT THE OWNER HAD SINGED FOR SELF AND H.U.F OF FAMILY MEMBER THE OWNER DID NOT SAY ANYTHING ABOUT SISTERS EARLIER NOW THE OWNER IS SAYING HE HAS SISTERS THAT I HAVE TO PAY THE SISTERS SOME AMOUNT IN MY PROPERTY AS THEY HAVE NOT SIGNED THE DOCUMENT MY QUERY IS DO I HAVE TO PAY THE SISTERS ALTHOUGH HE HAS SIGNED AS H.U.F AND THE OWNER HAS BAL AREA IN SAME SURVEY NUMBER OR CAN THE SISTERS SEEK REMEDY IN COURT AND STOP MY DEVELOPMENT WORK
mcs rammanohar
13 November 2011 at 12:27
property belongs to both the father and mother. property is not a heritatary property. father died 20 years. mother is alive. mother want to settle the property 4 sons and 2 daughters for their legal heirs.some advocates opinion that 50 percent of property can be settled. mother want to settle equal share to six members of legal heirs. mother has any power to execute the settlement deed to equal share his heirs.
Anonymous
13 November 2011 at 12:26
Hello,
I find my neighbor is running a catering service and uses the residential flat for doing most of the cooking. Is this legal?
The flat in question is situated in the ground floor and the block contains 4 apartments (ground plus 1) setup.
If this is illegal, (which I think should be the case as he is using the residential electricity and gas connections for commercial purposes). What type if legal actions can a fellow resident take against such a misuse?
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Property law
DDA has allotted a flat to me . The allotment letter has been issued t me . I have deposited the demand . The perpetual lease and possession is yet to be executed . I am need of urgent money .
Can I execute the transfer the property to purchaser by executing sale deed or by registering ATS , SGPA etc and other documents as prevalent in market .
Will such sale and purchase be legally valid .
Can I face any problem in future due to such sale .
Can the purchaser face any problem in future due to such purchase