Umed Lodhia
24 October 2011 at 01:21
Hello Mr Mankkad or any other expert who can advise us for the following:
I am born in Gujarat and citizen of Canada. My father has agriculture land. We are four brothers and two sisters. My parents passed away. One of my sisters passed away.
My questions are:
(1) Who can inherit the agriculture land of my deceased father?
(2) My deceased sister' son tries to play with the title to get right to the agriculture land, what is the legal status?
(3)I and my eldest brother want to protect our rights and also protect ourselves with any mischief that any of other members try to play with the title of property without our knowledge, how we can do that/
Thanks for your help and advice
Umed Lodhia
mukesh
23 October 2011 at 15:50
Someone(A) is unable to come to complete process of sale deed registration.He gives POA to complete this formality to his trusted person(B).The POA is notarized.In GUJARAT now it is compulsory to verify this POA by the Dy.collector, stamp duty registration department. How the Dy.collector verify!!! here is the sample.
1 First he demand an extra affidavit that Mr.A is alive and given this POA willingly.
2 If MR.B has blood relation with Mr A than it is O.K.Otherwise they will have to pay a large amount to verify the POA.
3If there is no money given to B than its O.K. Otherwise ready to pay a large amount to verify the POA.
In short all powers given to dy.collector without legal rules or laws.I have inspected all the records under RTI.In so many same cases somewhere the Dy. collector verify the POA without extra duties.In some other cases the officer ordered to pay a large amount. All upon his own wish. How is it possible? What should I do? I have asked so many questions to the officer under RTI they haven't give reply.
Anonymous
23 October 2011 at 14:26
One 60 year’s old retired man signed a lease agreement of his commercial property without consulting legal adviser in the state of Rajasthan. Agreement bounds him to offer to buy property first to Lessee Company in the event to sell the property. He is not having any residential property & living on rent He also has 2 married sons unemployed. Can he file a sue to quash the lease agreement & force to the lessee to leave the property? If yes, then on what ground & what are the possibly of success? The agreement has completed 3 years & Lessee Company is paying rent on almost date 25 th or later every month .after completion of 3 year lessee were supposed to pay rent with increased amount but still sending old rent value cheques from past 5-6 months. The lease agreement has not been registered yet. I would appreciate any advise on this matter.thanks.
The lease agreement is having these condition clauses-
Tenure-
The lessor has granted lease to the lessee for the use, occupation and enjoyment of the said premises for a period of 9 (nine) years from the date of execution of this lease agreement (hereinafter referred to as “the said lease period”)
Rent
The lessee shall pay to the lessor Rs**** per month by way of rent inclusive of service tax for the use ,occupation and enjoyment of the said premises on or before 10 th day of each English calendar month in advance by an account payee cheque drawn in favor of the lessor. the rent shall be subject to deduction of tax at source (TDS)under the income tax act, 1961 and the lessee shall furnish to the lessor certificate of tax deduction at source within the period stipulated in the income tax act, 1961 and the rules made thereunder. The rent shall be increased by 15 % every 3 year during said lease period of the agreement.
Termination-
1.It is agreed by the parties hereto that the lessee will be expending substantial amounts in carrying out the work of renovation in the said premises including installation of furniture ,fittings, equipments and appliances for carrying out the said business from the said premises and therefore in consideration of these circumstances ,the lessor hereby agrees and covenants with the lessee that the lessor shall not be entitled to terminate this agreement earlier than the said lease period save and except in the event the lessee defaults in making payments of rent to the lessor for consecutive two months ,provided that the power of termination shall not be exercised unless and until the lessor has given to the lessee 30 days notice in writing of such default by registered post with acknowledgement due of the lessor`s intention to terminate this agreement and specifying the amount in arrears and the lessee defaults in paying in amount in arrears within 30 days after the receipt of such notice. If the amount in arrears specified in the notice is paid by the lessee within the notice period of 30 days, the notice shall stand withdrawn.
2. the lessee may after the expiration of 1 (one)year from the date of execution of this agreement (lock-in-period) ,by giving three months` notice in writing to the lessor terminate this agreement and on the expiry of the said notice period this agreement shall stand terminated.
General provisions-
The lessor agrees & undertakes that in the event of sale, assignment or transfer of the said premises, the purchase /transferee shall step into the shoes of the lessor in all respect & that such sale, assignment or transfer shall be subject to this lease agreement and further shall not in any way after, restrict, limit or curtail the rights of the lessee granted under this lease agreement. However, the lessee shall have the pre-emptive right to purchase the said premises and in the event, the lessee decides not to exercise the right of pre-emption, then only it shall be lawful for the lessor to sell or otherwise transfer the said premises to any other person whatsoever.
Anonymous
23 October 2011 at 14:15
FAMILY HAVING 2 BROTHERS & 4 SISTERS.AS PER FATHERS UNREGISTERED WILL( 16 YEARS OLD ) THE HOUSE WILL BE IN THE NAME OF HIS YOUNGER SON & TILL HIS WIFE IS ALIVE SHE WILL LIVE IN THAT HOUSE BUT CAN'T TRANSFER OR SOLD THAT HOUSE.NO SHARE IN THAT HOUSE TO EITHER OLDER SON & HIS DAUGHTERS. BUT NOW THE YOUNGER SON IS OUT OF COUNTRY FROM 25 YEARS. AS THE MOTHER IS OLD AGED ONLY OLDER SON IS TAKING CARE OF HER AND DAUGHTERS & YOUNGER SON ARE NOT IN PICTURE. CAN OLDER SON OR HIS MOTHER CAN SELL THE PROPERTY OR CONSENT OF ALL THE MEMBERS ARE REQUIRED FOR THAT( 2 SONS,4 SISTERS & MOTHER )IS THEIR ANY OTHER WAY OUT
Anonymous
23 October 2011 at 09:46
1) I am having a flat in a coop society in Mumbai (J B Nagar)and although I have paid full stamp duty I am not being admitted as a member saying that my agreement is not registered. Pl. advice why it is so?
2) Also managing committee has come up with the demand notice for repairs cost contribution without discussing the details and the quotations received and not disclosing the facts to me. What can I do as I feel they are fleecing members and me as well?
Pl. spare your valued time and advice.
Anonymous
23 October 2011 at 08:06
Dear Lawyers, I working in an IT industry and my father is doing the business at my hometown. He took so many loans from banks, kept his estates (including his inherited properties from his parents) in mortgages and loans nothing is left and i came to know that through his contacts he is trying for more loans and he got it. He is not telling to any one where what happened to that money including my mother and his mother too. Is there anything i can do in this part?.
So only thing i would like safe all my estates from him which i have earned through my job by paying EMI's and would like defend that "i not liable to any of his debts" if he is alive or deceased. Can you please provide some guidance on this. I am really afraid of future and i am married having kids.
shan
23 October 2011 at 01:09
my lanlord increases rent every month is it alright.perhaps as per law he can do once in three year.
Anonymous
23 October 2011 at 00:12
Almost 10 years back, we got our building reconstructed through a builder.
The builder had constructed three floors (ground, first and second floor)
As per agreement with the builder, the owners of each flat has 1/3rd share with one car parking inside the building.
However, the builder made only two parking. In addition, it was not specifically mentioned as to which parking belong to whom.
Later on, the builder sold his flat (second floor) to someone and in the sale deed reference of one parking inside the building was made without any specified area.
Now the owner of ground floor has also sold his flat with similar reference of parking.
Now both the owners of ground floor and second floor claim their right over the parking.
Whereas in my papers, which were made before construction of building by the builder and agreement with him, no reference of parking inside the building is available.
what should I do. Please advise.
biren shah
22 October 2011 at 21:15
I am residing in Ahmedabad, Gujarat. I like to know if builder sales all flats. in this 1 of his own. he sales all other flat. In all other agreement he has right for construction in cellar, and terrace. and he is not give ownership for cellar.
if fsi take by him he has right for construction or not?
if no, who have a right for cellar and terrace ?
if yes, builder have a right for both?
now he'll sales cellar or terrace ?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Mou or agreement for sale
Is it compulsory to have MoU or Agreement for sale of a flat in Mumbai region?
Does the MOU or Agreement for sale has to be registered too?
Please throw some light.
Cheers!