Raj Kumar Makkad
02 August 2011 at 13:56
Many persons are co-sharers of a chunk of gair mumkin agricultural land falling within abadi deh and one person X (not a co-sharer) is occupying a plot of 400 Sq. Yards out of the joint Khewat since last more than 20 years hostile & open to the true owners. Now one co-sharer has executed an agreement to sale in favour of a stranger mentioning in the agreement that X is occupying the land under agreement and vendee shall have to get its possession from X and vender is not responsible for eviction. That stranger visited X and threatened to vacate the plot as he has purchased it and registered sale-deed is going to be executed within next days to come.
In the light of above-noted facts, what options are available with X?
kalpan bhalsod
02 August 2011 at 12:38
Hello Resp sir/madam,
I am working as sr. software developer in ahmedabad city and staying with my family includes my wife and my daughter. I am living at house owned by my father. I have younger brother also and according to my father's will, he wants to sell the house and distribute the money amongst me and my younger brother.
The issue is my mother died before 10 years ago, she was working as sr. Clerk at police dept at Ahmedabad city. On behlaf of joint earnings of my mother and father, my parents bought the house. After my mother died my father remarried to woman has son and daughter. Now forcefully, my step-mother wants to sell the house convincing my father and my younger brother.
Also there is situation that my father left the house and currently, living at their quarters provided by their company, so my father wants to sell the house while leaving us in dreadful situation.
I also wanted to be agree to sell the house with father, but not at so urgent as i have just 3 months old daughter and not being just ready get in mortgage. I asked my father to allow me some time to find myself capable of doing so within next 1 or 2 years.
I would like to know that what could be repercussion, if i claim to allow me to stay at the same property or don't provide possasion? can my father focefully throw me out? what could be issues when my father, become physical on this issue? can i go to court for this?
Sanjay Kumar K
02 August 2011 at 11:39
Hi,
I obtained an order (from State Consumer Forum) for attachment of property (against a builder who did not deliver the flats on time.)
He sold the property to someone AFTER the order was passed (within a month). Can I still go ahead with carrying out the order to attach the property?
Another catch is that though the order was passed on 19th Jan, the order copy I obtained is dated 22nd Feb. The property was sold (by the builder) on 16th Feb.
Do I still stand chance to recover my money by attachment of the said property?
Please advise.
Regards,
Sanjay
Anonymous
02 August 2011 at 09:38
Sir,
I am selling my house. He wants the photocopy of registry deed and naksha of my house. Till now no consideration is received.
And they are saying they want 1 week for check the documents.
I want to know that can photocopy of papers be misused.
Anonymous
02 August 2011 at 09:06
I intend to purchase a 2 acre plot of agricultural land in TN. I am a non-agriculturist. Can I legally purchase this land ? If yes, can I use the land to construct 3-4 residential dwellings for myself, my close family members and friends? What are the formalities to be completed for change of land use in such a situation.
Thank you
jach000019
01 August 2011 at 20:30
on the basis of the WILL of my late father i.e of the year 1998(not registered/probated) flat premises which was purchased by my father during his lifetime and was in his name, was given to me and my younger brother, therefore on the basis of the WILL, we all the 7 major legal heirs i.e 4 elder sisters(all are married) and we 3 younger brothers, mutually accepted the will and duly executed and notarized the joint affidavit (with notary's book no. on it) regarding AACEPTANCE OF THE WILL and NOC for distribution of the assets among the legal heirs.
In the year 1999 when I had given the application to the society for transferring the flat premises in my and my younger brother's favour, WILL alongwith the NOC of my other legal heirs, my elder brother took the objection to the society regarding not to transfer the flat premises in my and my brother's name stating WILL executed by my father and his given ACCEPTANCE OF THE WILL and NOC( jointly notarized) for the flat premises is bogus therefore flat premises should not be transfered in his younger brother's name (i.e me and my younger brother) therefore my society stopped the procedure of transferring the flat in our favour.
After that in the year 2005 society took the opinion of one of the solicitor and solicitor suggested in the writing to the society that since in the past 5 years objector that is my elder brother has not taken any action against the WILL and other consents executed by himself and since no negatived or restraining order is issued by any court so after taking the indemnity bond from two of us brother society can transfer the flat premises but still the soc. had not transferred the flat premises in our names.
So in the year 2006 younger brother and I filed a case against the society in the dy.registrar u/s 22(2) for getting the membership of the flat transferred in our names and since matter of membership falls in the limit of area registrar i.e dy. Registrar and in 2006 after scrutinizing of all the documents i.e WILL, notarized consents of the heirs, LEGAL HEIRS, NOC of the others legal heirs for transferring the flat in our favour, and correspondence made by my elder brother with the society regarding not to transfer the flat premises in our favour dy registrar gave the decision in our favour and issued the order to the society that since WILL and ITS ACCEPTANCDE AND NOC of the legal heirs is not negatived by any court therefore the flat should be transferred in our names that is me and my younger brother's name therefore society should transfer the flat subsequently soc, also allotted us the membership of the society and also transfered the share certificate in our names.
now my brother had filed the revesion application before the joint registrar in the beginning year 2007 and joint registrar had issued the order of the statusquo after duly acceptance of us i.e me and my younger brother as suggested by our advocate to accept, now after the gap of 4 years i.e is in 2011 joint registrar had issued the fresh order mentioning about the set aside the order of 2006 passed by the dy. Registrar in which membership was allotted and forwarded the matter back to the dy. Registrar for reconsideration after making my elder brother as party.
Now I want to know that what the chances are :
(1) After finalizing the matter in the dy. Registrar, can me or my brother again go to the joint registrar for revision of the matter or since this matter was once admitted there before so now any of us have to go to this authority or to the authority which is higher than the joint registrar regarding membership.
(2) Is it possible for me to drag the matter at any other court but not in the joint registrar because joint registrar unnecessary wastes the time?
(3) If my brother again goes to joint registrar for revision appeal and joint registrar issues any statusquo order than without our consent can the joint registrar can issue any order against our flat premises.
(4) The revision appeal filed by my elder brother or the order which is against our flat premises issued by the joint registrar is challengeable in the higher court or not?
(5) What is caveat will caveat help me this matter to file at joint registrar?
(6) As I have his notarized declaration so with the help of those documents what else I can do against him can I bring any other restraining order against him from any other court higher than the joint registrar for not disturbing me?
(7) Meanwhile if now I am, as executor of the WILL apply for the probate than what will be the status of the matter going at present at dy. Registrar or at the joint registrar if the matter gone for the revision?
(8) If I will apply for the PROBATE OF THE WILL and meantime if my elder brother will take the objection for WILL, the court will issue any order against my brother since he has transferred the shop premises in his name and given it on the rent which is given to him as per the WILL.
(9) Can I give my flat premises on the rent?
(10) What is the difference between membership and ownership if membership is not the ownership than why my brother is disturbing me?
Anonymous
01 August 2011 at 19:14
Date: 1st Aug. 2011
Respected Sir/Ma’am,
My uncle remarried after death of his first wife. Uncle and his second wife have married through court marriage. He has with his first wife one married son and two married daughters. The daughters stay away with their husbands and the son is forcefully staying with his family in the same house where my uncle and his second wife are staying.
Uncle has lawfully registered (gifted through proper court deed) his land and the house to his second wife and he wishes that municipality must mutate the said house (residential property) to his second wife.
The land and the house are self earned properties of my uncle. Uncle was the sole owner of the said entire property before the said registration. And neither his first wife nor his children are co-owners of the said properties.
But the municipality including its Chairman, Vice Chairman and Councilor of the concerned ward (in West Bengal) is not mutating the house to his second wife and even it is not giving any reason officially (orally or in writing) for not mutating the house to the name of his second wife. Rather, the municipality is asking them to go to court whenever my uncle and his second wife approach to the Chairman of the municipality for the same.
Unofficially uncle has come to know that the said son (with some other) has given mass petition against the mutation to the municipality.
My uncle has made several requests for the mutation to the Chairman of the municipality and to the D. M. of the concerned district; even he has submitted a simple self written no objection certificate to the municipality together with many applications for the same. Even an official application of mutation and necessary documents has been sent to the chairman through registry post with (received) acknowledgement.
At last they have used the Right to Information Act through proper way to know why the municipality has rejected the mutation and the response is still to arrive.
Already seven months have been passed since the property was gifted (that is registered).
Additionally, the son had not let them to enter their own house after the marriage and so they had to get a court order in order to enter to the house. Even the son and the daughters are tormenting then always for which a court case has been initiated and police report is positive.
Please tell that what should be done for a successful mutation. And what more difficulties and challenges (in this matter)are to be faced by my uncle and aunt and what are the remedies. Also how long it can take.
Thank you.
Anonymous
01 August 2011 at 17:15
Dear Experts
Thank you for your valuable time which you would be spending in answering this query.
Kind regards,
Anonymous
01 August 2011 at 15:52
Can Town & Country Planning Departmt. decide landuse of any private land of any person as that land is on NATIONAL HIGHWAY.Only that land is having residential land use and other lands in that area comes in to mix land use or commercial. Is there any case law for that?
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