K.K.Ganguly
13 July 2011 at 16:16
Would the Ld. Experts kindly inform the meaning of "Adverse Possession" with the back ground of Title Suit?
Thanks in advance.
Anonymous
13 July 2011 at 15:50
I AM LEAVING IN COOP HSG SOCY IN PUNE ,SOCY HAS 129 FLATS .A WING = 1BHK=550 SQ FT, B=1.5 BHK 750 SQF. C WING 2 BHK-1000 SQ FT@3BHK 1350SQ FT.ALL EXTERNAL AMINITIES ARE EQUAL.
DESPITE ALL EUALITY,A WINGS MEMBER WANT SOCIETY MAINTAINS CHARGES DIFFERENT AS PER WATER CONNECTION TAPS INTERNALY.
KINDLY SUGGEST SOLUTION
Anonymous
13 July 2011 at 15:13
My Mother in LAw is a joint owner of a house property . She wants to pass her rights to my wife ( Not a blood relative daughter ) .
What is the best way by which My mother in law can pass a clear title of her share of joint ownership in the property
Is it True that as per muslim law she cannot make a will and pass the her entire 50 % share of property
Also she cannot make a gift deed since my family stay aboard and my wife cannot take the physical possession of the property
Please advice
Anonymous
13 July 2011 at 13:14
My grandmother had some house property.
I have two elder brothers. Before death my grandmother gifted her house property in the name of my both elder brother jointly. My grandmother died before my birth & property being gifted also before my birth. I am the youngest son of my father.
I want to know that can I take share of the said property.
DMoss
13 July 2011 at 12:44
The tenant has stayed in the house for 11 months and now the Land lord is asking for increase in rent by 20%. Can he do so? Is there not a SC clause that says that rent can be increased by 10% every 3 years?
Any comments will be appreciated!
Moss
Anonymous
13 July 2011 at 11:50
Dear Sir, I am a serving army officer and presently posted in a different country. I have a flat in the ground floor in a block of four flats allotted to me by army welfare housing organisation. As per rules of the organisation and our written undertakings given to the organisation for compliance of the rules, no allottee is entitled to make any addition or alteration to the property without the written permission of the organisation. However, I got information with photographs from my relatives that the occupant of first floor flat is constructing a roof over the space which is as per the design of the house (technical brochure) a lawn for the ground floor. This construction will block natural sun light which was available to my living room where I have a entrance from the lawn. This will also block to some extent exhaust from the kitchen from the kitchen window which is facing towards the lawn. He is also constructing walls on the roof of garage allotted to me which is adjoining his garage and he has an approach to the garage roof terrace. I requested him on telephone to stop such construction which is illegal. He says he has taken permission from municipality. I have already lodged complaint with the municipality and no reply received. But the army welfare housing organisation whose rules are applicable to us has written to the president of the welfare maintenance society to immediately stop such construction which is illegal. However, he is going ahead with the construction. I discussed this issue with a lawyer and provided all documentary evidence for suit in Delhi though the property is located in a different state. However, AWHO rules say any suit against the organisation has to be at Delhi and my headquarters is also at Delhi. The advocate has issued notice to the AWHO for reply within 15 days. As per AWHO rule, there has to be a notice to them with 60 days advance intimation for filing suit against it. The lawyer has informed me that we have to wait for some time. He did not even issue the notice to the individual or the state development authority. May I therefore request you to kindly advise on the following:-
(a) Is he entitled to such construction despite submission of undertaking in a fupees fifty non judicial stamp paper that he will abide by all the rules of the organisation and no addition or alteration will be done without written permission of the AWHO.
(b) Since the layout and design was approved from the development authority by the AWHO, can the development authority give such permission to an individual for such construction without asking the AWHO?
(c) Since as per the technical brochure and approved design the place is shown as lawn for the ground floor, can the development authority give permission for such construction? If they have given such permission, can I make them a party to the suit and ask for withdrawal of such permission.
(d) Since the individual is going ahead with the construction, do I have to wait for mandatory 60 days for filing a suit against the AWHO who is nodal agency and the individual as well as development authority.
(e) My complaint to municipality, development authority and even the DCP of police to stop the construction has not yielded any result. The complaint has been sent on 27 Jun 2011.
(f) Can I get a stay order immediately from either Delhi or from the state where the property belongs without waiting for 60 days notice time? If I get a stay from the court where the property belongs, can I still go ahead with the proposed suit in Delhi? Is there any legal embargo?
Anonymous
13 July 2011 at 07:24
Hi , I wanted to know about the property law among the sons of first wife and second wife in HINDU family. Here is the case - A married man (my father) who is not divorsed ,and having his two wife alive and before the death of that man (my father) has made a registered will in which he has given share to the son of both first and second wife in his property. that person(my father) is having 2 son from his first wife and 3 sons from his 2nd wife (we 3 brothers), but 1 son of second wife (my one real brother) is dead.now we two son of second wife are alive.
So this is the complete scenario and now my questions are ---
1) Are sons of 2nd wife are eligible for getting the propery share?
2) If yes , according to which laws or act ? this case is pending in court . because the son of first wife claimed that they have the only right to get that property...please tell me the laws to get my share. Please give me ruling of Supreme Court or any other rulings, for fighting in this case strongly in court. I am waiting for your response. Thanks
Anonymous
13 July 2011 at 05:16
5 years back, I have purchased a plot from a GPA holder and GPA is registered and states that GPA holder can sell , donate ….etc
Background : Some acres of land was granted to person(1) of scheduled castes and tribes by Govt of Karnataka and the person(1) has 2 sons son(1) and son(2) , son(2) gave GPA to the GPA Holder and no information about son(1) and person(1) is no more now. The land has been converted to residential plots (city corporation) and sold and more than 1000 houses in that land now and every one paying taxes to city corporation and water , electricity every things are established and I am also paying taxes to city corporation since 5 years.
Question :
1. Assuming son(1) passed away, Can Son(2) or his family (Children) claims the land fully or partially any time in future in any way
2. If Son(1) exists, Can Son(2) or his family (Children) claims the land fully or partially any time in future in any way? What are implications in this case
3. Can Govt? Or anything else?
Your valuable advices will be greatly appreciated and Thanks in Advance.
Anonymous
12 July 2011 at 23:13
Hi
I am in the process of buying a property. Currently the payment terms are under discussions. In the payment schedule there is a component that I have to pay in Cash to the builder. The builder has agreed to phase out the payment amount of 'Cash' over the next 12-15 months.
For this he wants me to sign an indemnity bond in the below format.
My questions are:
1. What are the legal implications of signing the indemnity bond.
2. What proof should I be asking for when I make the payment in Cash as per the schedule
3. Should I ask him to mention that he will give me a proof, maybe a receipt of cash received , in the bond
4. What things I should keep in mind or know before I sign this bond.
Thanks for your help.
I N D E M N I T Y B O N D
I, ----------------------, aged about --- years , Indian inhabitant, residing at------------------------------------, do hereby solemnly affirm and state as under :
1. I say that, I have purchased flat on the --- floor of the new premises -------------- being situated at --------------------------------------------------------------------- and as per the Agreement for Sale executed between ------------------------------------- -----, being the Developers/ Owners and I being the Purchaser as per the said Agreement the Owners/Developers will provide me a ownership flat in the purposed building being constructed and to be known as “----------------------------”, “--------” Wing. I shall pay a sum of Rs. ------------------/- Rs. ---------------------------- before taking possession of the above mentioned premises to the Developers/Owners as per the schedule below.
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2. I further submit that, I hereby indemnified to the Owners/ Developers, if any loss, damage occurred to Owners/Developers due to my fault in any nature, then I shall be liable for the same in the eye of law. Further I will also not take possession of the above said premises until the total amount has not been paid.
3. I therefore say that, whatever stated hereinabove is true and correct to my knowledge.
Solemnly affirmed at Mumbai, )
This day of _________, 2011. )
INDEMNIFIER
Before me;
Identified & explained by me;
Advocate, High Court.
WITNESSES :
1.
2.
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Declaration
My friend's mother "X" book a flat in Guajart and before the registration the documents she is death and my friend and her sister r only legal heir so what can they do for property? Which documents r make for property their name?
any one send me Declaration and affidavit draft for legal heir.