Knowledge Gainer
07 September 2011 at 17:19
In the year 2000 I have purchased one property. The property was in the name of A,B and C where A was mother and B and C were sons. Sons have signed the agreement which was duly stamped and registered. Now after 11 years it was came to our notice that while making and registering the agreement signature of A, Mother was not taken and she was not appeared for registration. Neither she has any Power of Attorney nor any one signed on her behalf. Now the Bank is refusing for mortgage the same as signature of mother is not on the agreement.
Nobody has taken any objection till toady. The society has transferred share certificate in my name and sending society bill and receipt in my name. The electric bill is in the name of Builder or Developer of the property.
So what is the legal remedy available to me? I don't know weather the is alive or not and where they are living. Should I make deed of rectification?
Usha Gupta
07 September 2011 at 15:43
hello sir,
I, Usha Gupta from Varanasi. i am in a great need of ur help. My husband who is the elder son of the family always use to think of himself as a second sharvan Kumar. He have two younger brothers and two younger sisters. He always honoured his parents. He and I brought up our younger brothers and sisters in laws as our own children. Presently all of them are married.
We have two ancestral house, one plot and a house purchased by my husband in his parent’s name and one house in which the share of my husband and his two brothers and his mother name.
All the goods and jewelleries were in my in-laws custody
My husband after completing his studies started his business with his second brother earned a lot by this business, they spent all the earnings on his family and purchased plots and houses on my in-laws name. They even purchased gold, silver jeweleries and biscuits.
I and my husband arranged marriage of his younger brother and sister. his second sister is married in Allahabad. his third brother wanted to do his masters in abroad so my husband helped him in every way. he went there and after his study he got job there and settled in U.S. with his Spanish wife and daughter.
My husband's second younger sister also after completing her studies got married and lives in Gur-gaun.
I have two children and when it was time for my daughter for higher studies fees. They refused to give a single penny and my husband and i was too much shocked.
They took all the powers of the property. And told that they will think what and when to distribute the property later on. all of us live in one of our ancestral house, we only use one room one kitchen and a bathroom and the whole house is in there custody. another house is used by my second number brother in law. We used to use for business the house which is in the name of my husband, brother in laws and my mother in laws name. my mother in law is running a school in the plot purchased by my husband on his parents name. presently only the place where we would do business is in our under, where we planned to start any new business because our old factory is not running well due to power cut and labors. i
All the movable and immovable properties and all my dowry, jeweleries (stridhan) etc are in their custody which they are refusing to give me.
My father in law passed away in the year 2009. after his death my husband performed all the ceremonies which are in Hindu custom. after some time we come to know about that my second brother in law has claimed that my father in law has a will in which he have given all the ancestral property to him. so after discussing some of our relatives we suit a file. but since one year is over we are not getting any response just only date after date.
and now my brother in law is saying to put a part ion in only one share of his where we used to work and they will take custody in the rest of their parts. all the family members are with their side.
how can we prove that when my husband and his brother purchased the plot and houses my in laws didn't spent a single penny, because my father in law was jobless and my mother in law was primary teacher. and his younger brother was at 9 standard student. My mother in law gets nice sum of pension and she also runs a school from where she is earning lot. She have kept tenants in another house which is in her and her husband’s name is earning good from their.
sir kindly please help me soon because we don’t have any source of income and if they will throw us out we cant do anything in our small share. We are in great need of your help and advice. My husband is in great depression.
thanks
sujit
07 September 2011 at 15:29
My grandfathher has a property by his own earnig ,my father do not want any share in his property so as a grand son can I ask right in my grand fathers property.
Anonymous
07 September 2011 at 15:05
Please suggest, I got the properties of my grandparents by the way of Gift Deed from my mother ( my father passed away when I am age of 6 ) and Release Deed from my sisters, Now properties all together on my name,
currently my wife and my daughter not saying with me, ( But so far No Lawful separation / Divorce ), In this period of time if any thing go wrong for me.. ( If I am no more then ), I hope My mother will get 1/3, My wife 1/3, & my daughter will get 1/3,,, But don't wish to give anything to my wife and daughter, Can I make a Registered WILL all the properties on my Mother's Name, Suggest me How I can make a Strong WILL on my Mothers name, so that old aged mother don't get disturbed by my wife family side., Can I clearly mentioned that Only mother have 100% rights & my wife and daughter can't get any share..??
Pl. guide me..
Anonymous
07 September 2011 at 13:41
सरजी ,
मेरी उम्र ७५ साल की है. १९८२ में मैंने एक फ्लैट बोरीवली में ख़रीदा था! उस समय सारा पैसा मेरे बड़े लड़के ने दिया था सिर्फ document मेरे नाम पे बनाया गया था!इस वक़्त मै मेरे छोटे लड़के के साथ रहता हु !अब मै इस फ्लैट को मेरे बड़े बेटे को वापस ,याने की उसके नाम पे करना चाहता हु! इस मामले में मेरे छोटे लड़के या मेरी विवाहित बेटी को कोई एतराज नहीं है!जिस वक़्त फ्लैट ख़रीदा गया था उस वक़्त document रजिस्टर्ड नहीं किया गया था याने की कोई स्टेम्प ड्यूटी या रजिस्ट्रेशन फी नहीं भरी गयी थी ! मेरी आपसे नम्र विनंती है की कृपया मुजे इस मामले में अब क्या करना चाहिए !किसी ने मुजे बताया की पहले इस फ्लैट को रजिस्टर करवाना पड़ेगा याने की स्टेम्प ड्यूटी भरनी पड़ेगी ,तो क्या ये सच है!कृपया मुजे मार्ग दर्शन दीजिये!
Anonymous
07 September 2011 at 13:17
Dear Experts,
This is my humble request to all to explain the terms Co-sharer,co-owner and sah-khatedar and explain the difference with some example.
Regards
RP
Anil Nalawade
07 September 2011 at 12:39
One Adivasi has a self acquired landed property. Can he make a gift deed of some portion of his landed property to his relative, who is not an adivasi? Whether a subsequent transferee can get clear title of that land?
Anonymous
07 September 2011 at 00:43
I have bought a 2BHK flat at Chikhli, Pune at Parsvnath scheme and registered the same on Jul 2009. But the builder has now sought Rs. 29,034/- as security deposite against VAT that has been inducted by Govt. of Maharashtra since Arp 10. The amount is to submit by cheque in name of Parsvnath Pratishtha Security Deposit A/c. Possession of flat is scheduled in Oct 11. Does this legal to seek security deposite against VAT from the buyer?
Anonymous
06 September 2011 at 22:20
can anyone suggest me the procedure how a company can transfer some immovable property to its subseduary company.note that the company don't want to make sale deed or any deed of conveyance,alternative way transfer are preferable.here directors of both the company are the same.
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False gpa w/possession
Hi All,
I have a an open plot of 300 Sqyrds in Greater hyderabad Muncipal Corporation Limits.. i have purchased this plot in 1979. i have all the link documents. The people who sold us the plot were the owners of 11.5 acres in that area and have divided the entire area and sold to us in samll plots. we have the documents confirming the same. and the entries in the Encumberance Certificate show that the plot has been transferred from them to me and from 1979 onwards there is no other entry.
Now in 2010 a Mr X had forged the the identities of the people who sold the property to us and created fake Ration Cards/Drivrs licenses and have executed a false GPA w/possesion on his name... and now he agrees to the fraud ans is asking us 1,00,000 to have that entry removed form the Enumberance Certificate.
Now my question is will there be any legal complication arising of the above sadi entry in the EC.
Can i transfer the property onto my son so that the latest entry will be of that my son and he will have the clear title to apply for housing loan and construct house.
Or is there any other alternative as i feel that going to court will be a big loss of time and money.
regards,
Samson