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Ra Ma   22 July 2020 at 12:38

Sale of property with unregistered partition deed

My friend and his brothers jointly bought a large plot. They made a partition deed which clearly defined the meats and bounds of their individual portions. But the deed was not registered. With this partition deed, they obtained CMDA approvals and built individual houses in their respective partitions. This happened 30 years ago.

They were paying property tax and other charges like EB on individual names for respective houses. They were enjoying their individual houses and partitions all these years, without any joint interaction.
As my friend died 10 years back, his wife and her sons got the Property Tax and EB transferred on to her name. Her sons gave a Release Deed on her name and this Release Deed was registered. She also applied for and got patta for her individual partition.

As she is in dire need of money now for her sons' higher education, she wants to sell her partition with her house. Is it possible for her to sell her portion without NOC from her brothers-in-law? Due to family disputes, they are not allowing her to sell her house saying that it is still a joint property. They will not give their consent when she wants to sell nor do they have the money to buy out her portion. Kindly advise on what is the best way for her to proceed

CP Swain   21 July 2020 at 18:02

Equitable mortgage

Dear Sir,
I am a banker.My branch is in situated at a Gram Panchayat of Tigiria block.As per the property law of Odisha, Tigiria is a notified area for creation of equitable mortgage.
Kindly advice, wheteher we can create mortgage at our branch since it is in Tigiria block.
From where , We can get the clarification.

Resards,
CP Swain

Richard Levi   21 July 2020 at 09:54

Question on bmc, mumbai rules and regulation. kindly help.

Dear Experts and everyone else,

I have been investing a lot of time lately on finding rules regarding balconies, what's allowed and what's not allowed in buildings in Mumbai by BMC. I came across two contradicting pieces of information,

1) BMC, Mumbai on the western line, suburbs, do not allow balconies of flat to be enclosed anymore.

2) BMC, Mumbai allow balconies of flat to be enclosed after taking a fee in BMC office from the flat owners.

Kindly tell me which of this information is correct and in effect currently in Mumbai and which one precedes the other one for BMC currently, as to me both statements seem to contradict to each other. Please share your thoughts and knowledge with me on this forum.

Regards,

Richard

Gaurav Shirodkar   20 July 2020 at 18:48

Redevelopment building

Respected Sir,
4 years back our building went into redevlopment.
Our building was of pagdi system. We had bought extra 70 sqft area by paying an initial token of 3 lakhs, out of it 50% was in cash. Few months back the builder said the area of our flat has increased and asked us to pay additional 5 lakhs by cash.
We cannot afford this addional 5lakhs , i can think of taking a loan. But the builder has now stopped paying rent too and is not picking up my call or replying to my message. Can you please help me
Regards,
Gaurav

Anonymous   19 July 2020 at 21:39

How to object and defend e-auction

Dear Experts,
I want to have a suggestion from you, for the below problem.

M/S Prashanth Enterprises, is a Registered Partnership Firm, having three partners, who are family members.
They purchased a land in the name of M/S Prashanth Enterprises. They have taken a loan from Axis Bank, and executed a registered Document namely " Deposit of Title Deeds and obtained loan.
According to them( M/S Prashanth Enterprises) they have closed this Partnership Company and started another company ie., M/S Anuragh Products Pvt Ltd., having the same Partners, who are here as Directors. Since they have failed to pay the amount to the bank, the bank made an e-auction mentioned the Borrower name is M/S Anuragh Products Pvt Ltd., for recovery of the loan amount.
While running M/S Prashanth Enterprises, they took material from M/ Raju Associates on credit basis and failed to pay their due amount. and thus M/S Raju Associates filed a suit for recovery of the due amount and got obtained an Exparte Decree, 2 years back, which was not enforced by filing EP as of this day, by its own reasons. Now they want to file EP.
1.So My doubt is : how M/S Raju Associates, objects and stop the e-auction.
2. How the e-auction is maintainable since the loan taken and the property stands in the name of M/S Prashanth Enterprises and whereas the bank is shown as M/S Anuragh Products Pvt Ltd., is a borrower.
Plz. suggest. I am for M/S raju Associates.
Thanks u Sir.


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Anonymous   19 July 2020 at 19:37

Can half portion in mortigaged property be gifted to my bro

Hello,
I have 3 lakhs loan against my property in bank and is going to get complete within 2 years. I am paying properly. Now can I gift the half portion of my property to my own brother, it is immovable property and he had released his part to me for loan sake. Now I want to give his part to him. Can I?

Anonymous   19 July 2020 at 00:57

Can i have my name on my flat in the society if its in my pa

I leave in a flat which is in my parents name they bought it for me.
They leave in other town.

but Ii have my name plate on the Housing society nameplate.My parents have no objection with this.
Some people from society committee are telling and say that i have to change my name plate as per the owner name

Kindly guide me through a legal process to sort this thing

Anonymous   17 July 2020 at 20:20

Handing over /claiming of original sale deed copy - reg

Dear Legal Fraternity.

One of my friends has purchased a property admeasuring 400 Sq. Yds. in Hyderabad from a Company which is engaged in Real Estate Company and the Company has executed Sale Deed in favour of my friend and later handed over the original sale deed.

Now after some period my friend has offered to sell 300 Sq. ( out of 400 Sq. Yds.) to another person and agreed to execute Sale Deed in his favour and retain balance 100 Sq. Yds. (may be for sale in future).

Now my query is :

1. To whom should the Original Sale Deed document of 400 Sq. Yds. be handed over ?

2. Should it be handed over to the first person who will be getting registered for 300 Sq. Yds. or to the prospective customer who will purchase 100 Sq. Yds. in future because the first purchaser is asking my friend to hand over the original sale deed of 400 sq.yds.

3. Is it necessary to hand over the Original Sale Deed to the purchasers at all ?

What does the Transfer of Property Act , 1882 say in this regard or under any other law ?

If there is any material or judgement on these issues , plz share the kink because I am a layman on this subject.

Thank You.





Advocate Dhrutidhara Shah   16 July 2020 at 17:05

Documents relating to property

If the agricutural land is purchased and then NA permission is taken. But the entry in 7/12 records shows that the land is still agricultural land then what will be the process to show non agricultural land?

Tamilselvan R Gounder   16 July 2020 at 15:58

Dhana settlement

My Grandfather(My Mom's Father) has Inherited Property, After his dead, my GrandMa(My Mom's Mom) done the dhana settlement of that property to My Mom (3rd daughter) and 3rd daughter taking care on her mom. No sons Only 3 daughters for My GrandPa. The 1st daughter is signed as witness in the document and the property registered to my Mom name and have Patta. Here My Questions are:

1. We(3rd daughter) planned to sell the property, if she sold, even after the 1st or 2nd daughter claim their
share?
2. Is it Possible that the other two daughters can claim the property share?