sridhar pasumarthy
25 October 2011 at 19:44
Dear experts,
A person purchased a residential apartment, which was constructed in the stilt floor, without knowing the fact that it was meant for parking (as per the approved plan) in the year 2003 through a registered sale deed.
Property is situated in Andhra Pradesh.
He has been paying municipal tax since 2003.
Now the problem is that one of the apartment owners in the same building, who purchased one year prior to him i.e. in the year 2002, recently filed a writ of mandamus arraying the Municipality as 1st respondent and this person as 2nd respondent seeking an order to demolish the 2nd respondent's apartment, as it was un-authorised construction.
My question is the writ petitioner, who remained silent for such a long period, has such a remedy?
Suggest any remedy to the 2nd respondent with citations.
Anonymous
25 October 2011 at 17:40
Hi,
My Freind has purchased a land which is under scope of Grampanchayat, but it has a registration under MRO, when MRO's are eligible to do this. Later the registrations for sale and purchase of lands in Gram panchayat has got stopped due to some G.O yet to pass. now the land is under the current seller name in EC. previously it was sold by somebody to him. And now my freind is purchasing the house which is built in that land. for that he has done in the below way.
1. He has paid 85% property value agreed and made a documentation stating that the seller sold it and he purchased it.
2. made another agreement that the balance will be paid once the registration is made and activated in EC (Now EC is not changed as G.O is yet to come).
3. for this all Grampanchayat heads are witnessed. all these was done on stamps and duty.
4. panchayat heads and the special officer replaced gram panachayats (VRO) has given assurance that nothing will happen. and currnet seller is no way related now with the property.
5. We hold all the orignal documents with us.
Now let me know if this valid to own this property.
Kumar
25 October 2011 at 17:39
Hi,
My Freind has purchased a land which is under scope of Grampanchayat, but it has a registration under MRO, when MRO's are eligible to do this. Later the registrations for sale and purchase of lands in Gram panchayat has got stopped due to some G.O yet to pass. now the land is under the current seller name in EC. previously it was sold by somebody to him. And now my freind is purchasing the house which is built in that land. for that he has done in the below way.
1. He has paid 85% property value agreed and made a documentation stating that the seller sold it and he purchased it.
2. made another agreement that the balance will be paid once the registration is made and activated in EC (Now EC is not changed as G.O is yet to come).
3. for this all Grampanchayat heads are witnessed. all these was done on stamps and duty.
4. panchayat heads and the special officer replaced gram panachayats (VRO) has given assurance that nothing will happen. and currnet seller is no way related now with the property.
5. We hold all the orignal documents with us.
Now let me know if this valid to own this property.
Anonymous
25 October 2011 at 17:21
my mother had been given from my grandmother 2 acres of lan
Question :: my mother received a gift deed of 2 acres property from my grandmother.1973. But recently when we got our details from Register office my mothers property is still in her name. But in andhra they have made some pass books and in that it shows that the property in some other persons name. Previous my mother had gien this property to her borther in law since they were poor for cultivation purpose and he died. Then we went to out native in AP to taken possession then we found out that some body has tkaen passbooks in thier names and we don't who those people are and the mro is not cooperating to give the information from his records. But in the Registator office the up dated Ec is in my mothers name and we have written to District collector for cancellation of pass books. Dc in turn has posted a letter to us and Copy to the Tashiladar and MRo. But when we apporached the MRO he is no way coprating with us and he says he has not received any letter from DC office. When we went to give the Dc letter to him he say go and fight in the court since we are not staying now in andhra. How to get back our property please advice
vanmathi
25 October 2011 at 15:41
Land case –Tamilnadu
One land purchased by my grandfather one person ( oral purchase – no document – before 45 years) . but patta transfer in the name of My grandfather . This land now my father shares oral partition from my grandfather.
1. If self acquired by my grandfather now owner is my father.
2. I am son & my father decide gift to this land .
3. Also my two sisters file suit demand this land her share ( they assumed its ancestral property) My questions
a. How can I Proof in this assts my grandfather self acquired property.
b. My father gifted to me is valid or not?
c. After gifted to me , shall I eligible to sale this property .
d. Our sisters suit affect in any way of transfer my grandfather to my father name also gifted to me.
(Hints -My grandfather is dead 1987 also my grandmother 2002, grandfather sons 3 (incl my father) This land purely my fathers share oral partition from my grand father- that land previous owner wife alive )
Aarti
25 October 2011 at 12:57
Hi!
The Managing Committee Sent a letter to me to update their records by providing a true copy of the share certificate and agreement. To this I found something fishy as a result i wrote a letter to them requesting them to allow me to inspect my following records:1. Members Registration,
2. Transfer Registration,
3. Nomination Registration,
4. Share Certificate Registration,
5. Members file if any,
6. Minutes book of acceptance of
Associate Member, Nomination
7. Agreement,
8. All relevant documents pertaining to
my flat.
They asked me to come & see the documents. I made some Findings:
1.Members Registration - Was in a book form with details
2.List of Members - Register Form with details
3.Register of Members- book form with details,
4.Register of Nomination - Book form with details
5. Associate Members - Register Form with details
6.Share Certificate - Only xerox
7.Members File- Only from 17th March 2010 where as i have been staying in my premises from the last 36years..- this created doubt in my mind as to why are the previous years records not available with them. - No reply from them on this.
What action can be taken against them for not informing me regarding my missing documents.
Also I asked them a copy/original of the agreement to which they did not have..
I also wanted to find out if the managing committee is supposed to have only a xerox of the share certificate or are they supposed to have a Similar copy like that of mine in their records.
Are there any other documents that should be in their possession & i need to see.
I also want to find out if a Committee Member who is a Real Estate Agent is holding the post of a Jt.Sec in our building is it a Valid or can some action be taken against him - Mumbai
Thxs
Anonymous
25 October 2011 at 12:41
Dear Sir,
I would like to know the limit one can own agricultural land on one persons name in Maharashtra State.
Regards,
Sharad
Anonymous
25 October 2011 at 07:37
My father inlaw gifted a part of his comercial property to my husband and my brother in law in the year 2007(my eldest sister in law was the witness) my husband and brother in law run a franchise store. this store is our main source of livelihood Now he has had a change of mind and has somehow taken the witness also on his side and has challenged us in the court that we had fraudulently acquired the gift .the witness has also turned hostile.he is using his status of being a senior citizen and trying all tactics in the court to prove us wrong. he has managed to plant witnesses against us that we maltreat him .he says he wants to convert the whole property into a trust and distribute its earnigs to all his eight children.meaning taking our part and distributing it to the other children as well.and since nobody minds getting extra money all of the children are agrreing to it.The judge too seems to be influenced by the father in law because of his age.and has ordered the income to be deposited in the court till the time things are settled.what are our chances to get back our share of the property.since we were made to understand that a gift deed canot be revoked yet it has been challenged
Anonymous
24 October 2011 at 23:44
Will noting in central registrar which has been made compulsory for all equitable mortgage appear in the search report done at BLRO
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Gpa
sir,
can anyybody upload the judgemnet of supremcourt about the legal sanctitiy of general power of attorney