Anonymous
12 July 2011 at 20:04
Dear Expert,
I am looking forward to buy a builder flat with Home Loan. But my problem is that builder had not seek for MCD MAP Approval for the same building.
Now i need below suggestions
1. is the building map can be sanctioned after its constructions done?
2. Is there any law regarding only floor approval plan in Propety Law?
3. If not, than should i buy that property?
Best Regards,
Mukesh
sunithrani
12 July 2011 at 17:55
My mothers grandfather was owning 53 acres of land. He had three sons out of which my mother fathers was the youngest son of all the three and he had five daughters and no sons.
My mother is the fourth daughter who is born before 1956. my mother is not aware whether her father has got any partition deed from her grandfather to divide property between the three brothers. since it was jointly cultivated and the shares in crops were taken and divided.
Now after her fathers, two brothers died. when my mother approached her cousin brothers for her share from her grandfathers property. They refuse saying since her father didnot have male children and all are daughter and they are born before 1956. They will not get any share from the property. The are selling the property part by part and they have not given a single rupee to my mother and her sisters. In spite of my mother request to give atleast one acre each of the property to my mother and her sisters they refuse to yeild. So what should my mother do
Is she not eligible because her father didn't have sons. So daughter are not eligible for claim or now they have sold the property to different people.
Can you give a brief reply. She is from Andhra and her property is from Hindupur. Please advice can we file suit in the court. will it hold since she is born before 1956.
When the tashildhar enquired is was fond that my mother's sisters husband had taken benami pass book and he has transferred to other two parties. So on our request tashildhar told to come back after one week so that he will enquiry how this transactions have taken place and will give the details.
We met the tashildhar and we had given the details of the property to them and now the tashildhar is saying since it the property of my mother is being forged saying it is his and created pass book in records by my mothers sisters husband and he has created the pass book and sold it two other persons. But those two persons are not coming for the enquiry and the Survey officer is telling it belongs to other two persons though we have orginal documents with us so I request you kindly telll what is best way to get our property back what should we do now. kindly advice at the earliest.
Anonymous
12 July 2011 at 17:50
I would like know the actual position of law under Hindu Succession amendment Act 2005.
Daughter got married in the year of 1988. Father died in the year 2010. The inherited properties were divided among five sons by the father. All five of them are in actual position of the property.
Whether the daughter is eligible, for equal share in the ancestral property, which is dived among five sons.
Anonymous
12 July 2011 at 17:41
i want to sell my flat in which i am first holder and my father was second holder. he expired in 2001, even before formation of my building's society with no nominee, no will. i submit a required form along with his death certificate. Name plate in first holder's name displayed in Society Bldg, maintenance paid by first holder since possesssion. however by mistake share certificate issued by the society in joint name (on my and my father's name). my counselor given me advice for the given case as follows:
Seller is the first holder of flat and thus carries absolute right to sell it
Second holder has expired long back in 2001 , even before formation of society , with no nominee , no will , and thus case of tranmisssion deosnot apply
Form filed in first holder's name to registrar while forming society alongwith death certificate copy - Name plate in first holder's name displayed in Society Bldg, maintenance paid by first holder since possesssion
Share certificate issued in joint name by society doesn't pose any problem to buyer interests in property
All forms of transmission not required as first holder has recd a NOC from old commiittee as well two years back for taking loan , declaring him the owner of flat
Any claim whatsoever in any case of second holder"s remaining hiers are even barred by law of limitation and have become time barred after lapse of more than ten years of secondholder's death
Society NOC is already issued in favour of sale of falt in first holder;'s name and thus no more formalities required
Affidavit of first holder and legal heirs may be given if at all stressed on by the buyer safeguarding his interests
Kindly advice if the abovementioned counselling is tenable under norms of relevant laws
Anonymous
12 July 2011 at 16:41
Hello All,
This is regarding a property suit in City Civil Court, for division of property between Mother and Son. The Mother has a Son and two Daughters.
The suit was settled in terms of the "Consent Terms" by executing a "Memorandum of Understanding" which states that both have agreed to settle the dispute in terms of the "MOU"
The signatures in the "Consent Terms" and the "MOU" had been witnessed by both the Daughters of the Mother.
"Consent Terms" had been filed making the terms and conditions of the MOU as part of the Consent Terms.
Both the daughters have executed "Declaration cum Indemnity", in individual capacity, confirming the terms and conditions of "MOU" forming part of the "Consent Terms". They have released all their right, title and interest in the property. They have stated that they confirm, agree and consent to what is stated in "MOU" about the division of property between the Mother and Son. They declare and confirm for themselves and on behalf of their heirs and legal representatives that they shall not claim any right, title or interest over the part of property that the Son is entitled in respect of "MOU".
The suit order states :
• “‘In view of Consent terms Exch.6, the suit along with un-registered N/M is disposed of”.
The Consent Terms state :
• The terms and conditions of MOU dated …… be treated as part of this Consent terms. The MOU shall form part of this Consent terms”.
• The daughters have executed Declaration cum Indemnity and have confirmed the terms and conditions of MOU”.
The Memorandum of Understanding states :
• Both the parties agree to sign this Memorandum of Understanding and draw consent decree in terms of what is stated herein above before the Hon’ble City Civil Court”.
• Both the parties agree to file this Memorandum of Understanding in the above matter and the above matter be decreed in terms of this Memorandum of Understanding”.
The “Declaration cum Indemnity”, from both the daughters, states :
• I hereby declare and confirm for myself and on behalf of ….. that I am not entitled to the said property and in any case do hereby release all my right, title and interest in the said property. I do hereby confirm, agree and consent to what is stated in the MOU and more particularly the following which is agreed in the MOU…..”.
In light of the above, will the Registration of MOU and Consent Terms between the Mother and Son as well as Declaration cum Indemnity of both the daughters, suffice and act as full proof document? Or, will an additional deed like Release Deed or Partition Deed be necessary? If so, then which deed will have to be prepared and registered?
My query with regard to the above is :
Will it be necessary to Register any of the above documents?
Will "Release Deed" be necessary? Will it have to be registered?
Will registration of "Consent Terms" and "MOU" suffice?
Will Stamp-duty be required to be paid? If yes, then on which document and on what amount?
any other point that you may feel necessary to clarify.
Thanking you in anticipation and looking forward to your valuable advice on the above query .
Sincerely,
Anand Shah
Anonymous
12 July 2011 at 16:13
Hi,
Request help in understanding legal clauses under situations as under between a buyer and seller.
1. Can seller impose delay penalty on consumer even though consumer is ready to make a payment but consumer is unable to do so due to lack of clarity on total outflow and available calculation?
2. In presence of early payment rebate clause, the date from which the rebate should be calculated should be the date from which the consumer intends to pay or the actual date on which the payment is made which could have been delayed due to seller not responding on time?
3. Can seller ask to make a lumpsum payment without providing exact breakup of the total outflow to the consumer?
4. In case customer doesnot agree to such claim by builder and raises a dispute, can seller further start imposing delay penalty on the consumer and demand the same?
5. Can the earnest money amount be forfeited by seller in case their is descrepancy observed due to above scenarios in the total outflow calculation provided by seller and deal is told to be cancelled by the consumer to the seller especially when an agreement is not even signed and the application under which the earnest money is paid doesnot have any explicit clause for a situation wherein their is a dispute due to which consumer wants to exit the deal?
6. Can seller be asked to pay for damages and harassment in such a case?
Appreciate the help in providing a response.
Many Thanks
Anonymous
12 July 2011 at 15:57
Hi,
A( owner )had given a GPA to B for buying a property, Now A & B both have lost the GPA copies they are not sure whether it is a registered document or notorised.My question is can i buy this property from A?
Bhola Muraw
12 July 2011 at 15:50
Dear Sir
I have Made an agreement for purchase of land on a non judicial stam paper and paid an advance of RS 25000/-. The Agreement contain that the land will be purchased in future. Date of Agreement is 02.02.2011.
Now what is the validity of the above agreement. Also whether it can be inforcible in a court of law if the other party not agree to sale now?
Its Urgent
Neelam
12 July 2011 at 15:23
Hi,
I have 1 query. I want to know the procedure to transfer the flat by father in the name of son. Is stamp duty is payable? at what rate? how to calculate it. please let me know list of documents needed for valid transfer.
Thank you
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LEAVE & LICENCE
I AM THE OWNER OF THE PROPERTY WHICH I GAVE ON 3 MONTHS RENEWABLE LEASE & LICENCE. NOW I WANT THE OCCUPANT TO VACATE. THE OCCUPANT WILL NOT VACATE SMOOTHLY. NOW WHAT IS THE OPTION/S AVAILABLE TO ME UNNDER LAW.
CAN THE OCCUPANT DEPOSIT LEASE RENT TO RENT CONTRLLER ?