Anonymous
06 July 2011 at 19:39
I have rented a house in Delhi through lease agreement for 11 month duration. Lease agreement has clause that it can be terminated before it's expiry by either pary by giving one month notice.
As per the law, can house Owner terminate the above lease before it's expiry or does the tenant has the right to continue in the house till the term of the lease.
Lease is not registered in court.
Prashant
06 July 2011 at 17:35
We have purchased a flat in Navi Mumbai of which area are as follows: Carpet Area of flat : 349 sq.ft. Attached Terrace Area: 353 sq.ft. But while agreement builder has mentioned 349 sq.ft. carpet area of flat and terrace area as 87.25 sqft which is 25% of 353 sq.ft. My queries: 1) What terrace area should be mentioned in the agreement? 87.25 or 353. 2) We discussed this with builder and he has agreed for correction deed. but he says that in Index II, in area related details, there is will be mention as "as per the agreement" and not the the carpet area and terrace area(whole). Please advise.
JAYAKUMAR
06 July 2011 at 16:13
SIR, I HAVE AVAILED A HOUISNG LOAN WITH ICICI BANK FEW YEARS BACK, THEREAFTER I SHIFTED THE LOAN TO ANOTHER BANK, BY WAY OF TAKEOVER. ICICI BANK MISPLACED MY ORIGINAL TITLE DEEDS AND I COULD GET ONLY ATTESTED COPY OF THE ORIGINALS, FOR WHICH THE OTHER BANK WANTS INDEMNITY BOND TO BE EXECUTED FOR THE LOST ORIGINAL TITLE DEEDS. CAN ANYONE FURNISH ME THE FORMAT FOR THE BOND TO BE EXECUTED, SO THAT I CAN GET IT EXECUTED.
Uday kumar
06 July 2011 at 15:57
Hi,
In April 2010 we received a notice from bank that my grandmother was guaranter in a loan furnished in 1985.In this loan a paper of sale deed of my grand mother is mortgage in favour of loan and loany becomes defaulter So,bank send this notice for settlement of loan.This is the first notice from bank.After, receiving this notice we enquiry about that property we found that this property was recorded in the name of other person on the basis of fake survey instead of my grandmother according to local Karamchari record and in half portion of that said land a house persent of other person and he shows a fake paper of sale deed of that said property .This was happened after mortgage of that sale deed.Then how this property was recovered to me please help me?Is bank responsible for recovery of this propety because this saledeed is mortgage in the bank?Before recovery we settle loan with bank or not,please help me?If bank is responsible for recovery then what type of action take against bank .If not then what can i do for recovery?
Please, mention appropriate way, laws and acts if possible?
thank's
srao
06 July 2011 at 14:46
My Mother had expired in the Year 2003 and my Father had expired in the Year Jan2007 and there after my elder brother had also expired in Oct2007. All expired without leaving a WILL
I have 1 younger brother(Married) and 1 Sister(Married)and widow Sister in law(Childless).
My Father has got own earned property of House and Site.(State - Andhra Pradesh)
Also My father has got an ancestral Property of Fertile Land in Andhra Pradesh.
He has 5 Sisters and No Brothers.The partition has not taken place.
Now that my widow sister in law seeking her share.
What will be the share of my Sister in law?
How I should approach to settle her?
SHall I have to complesory sell the Property and settle her or any time limit for making settlements to her?
divya
06 July 2011 at 14:43
We have purchased a 2 storey twin bungalow in a co-op Hsg society in Pune. As of now there is an Ad-hoc society committee since builder has not obtained completion certificate for all the units in the society( though we have received ours).
Our house has a covered parking area attached to the entrance. However, there is no access to the area above the covered parking. There is only one window that looks out to this area. We have lot of seepage in this area due to rainwater collection, and our architect suggested that we replace the window with a door to get access to this area for regular cleaning and maintenance, else the dust and debris will cause more rain water to collect there. The architect also proposed to put up a protective railing around this parking lot overhang.
Please advise if this will be a breach of FSI? We want access to this area for cleaning and maintenance purposes ONLY. We do not intend to put any roof or cover this area in any way. Our architect is saying that this is not a breach of FSI but the society committee has strongly objected, stating that we are violating FSI rules. The society has also threatened to deny access to all workers/delivery men etc to our house if we proceed with this.
Please advise if 1.This is a breach of FSI 2. Does the society have the power to stop our workers and raw material delivery men from entering the premises if we proceed to put up a door in this area?
Chandrika Subramaniyan
06 July 2011 at 14:35
I would be grateful for an expert opinion and advice on following situation.
Background
I own a flat in Chennai and wanted to sell in last Aug 10. Tenant and his family of five, 2 Adults, 1 Adult daughter and two children , residing in there was keen to buy and said he would by middle of Jan 11.Has been postponing and buying time to register till date. A written notice through a lawyer on 23 Apr 11 stating a reason that I require flat for my own use…was given to tenant to vacate the flat by 31 May 11. Till date he has not vacated. He still says he would buy the flat….but has not. Tenant has been living in my flat throught rental agreement and renewals done till Jul 09. No renewal has been done after that. Tenant has also rented the flat opposite to mine, from its owner. That owner has also asked him to vacate orally about 3 months ago….but tenant has not vacated that flat till date. They have not filed any case or have taken any action legally as yet. Tenant has been regular with paying rents…to both myself and the other owner. A case is being filed on my behalf today in Chennai. By the way....no written agreement has been signed between my Tenant and I for the sale of flat All requests and communications have been done orally through myself and my lawyer.
Current situation
A real-estate broker has offered to buy the flat from me in all white for power of attorney and says he will later take care of vacating the tenant through another power of attorney to another agent or party who may be capable of re possessing the flat from tenant etc.
My question
1.Is the sale to broker through power of attorney wise to consider ….from Tax,legal angles and in saving time factor and mental hassles of court proceedings as this I understand could take a year or more? I have been very prompt tax payer and completely transparent as far as my fincncial situations with IT. And I intend filing LTCG on above should I decide to go through this route.
2.What are the Pluses and minus of going through above broker route ?
THank You
Sincerely
Chandrika
Anonymous
06 July 2011 at 14:30
Dear Experts,
Our society building is going for redevelopment in Mumbai, we haven't issued Consent Letter yet to anyone. Our building secretary formed a managing committee on his own. {Himself, Chairman, treasurer, Society Member (Male) and Society Member (female)}.
1. Secretary said that there should be one Female in the managing committee, is that true?
2. There was no election process. Can a managing committee be formed excluding the Office Bearers?
3. Builder says that "The developer will provide 50% car parking to the existing members/ society out of total approved car parking as per BMC/ MCGM/ DC regulation norms and sanctioned plans." ..........We are 24 tenants, 4 floors, its obvious that he will construct extra floors, we 24 tenants needs 24 parking, so can we sort this out? Should we insist on 24 parkings or go with the builders offer? Would like to know about the BMC car parking approval process?
4. Builder says that "Please don't ask or emphasize us for bank guarantee, as we are already investing so much money for the redevelopment process" What can be done about this?
Experts please help us with your valuable advise.
Anonymous
06 July 2011 at 14:21
Hi there,
It’s very urgent....please help me with the true information as soon as possible...
We are Hindu (Jain). My grandfather (A) had no son or daughter... He adopted my father (B) after doing all legal formalities i.e. registered adoption deed but my grandfather also has kept one girl as a daughter (C) for a long time but he didn’t make any legal adoption deed with her but she has my grandfather’s name in her school and college mark sheet as a father. Now my grandfather (A) and this girl (C) both are passed away several years ago. And my grandfather had one house and some agricultural land on his name in Madhya Pradesh but after his demise it came on my father name 15 years ago as my grandfather didn’t make any WILL and there is no registered documents also of this property as this land is on my father on Bho-pustika. My father has 3 children (me Son D and two sisters E, F both are married) and that girl (C), who also passed away has two daughters G, H both are married. I don’t know whether C has made any WILL before her death or not, but now husband of C want to claim on the land for his two daughters G and H after 15 years. My queries are-
1. What are the legal rights on the property in % of B,D,E,F,G and H? Some lawyers has suggested me that in case of adoption there is no legal rights of children on the property so this property will be only on B’s name 100%. Is it true?
2. My father has sold some plots from this land and got notice of illegal colonizer. If my father B will transfer all land on my mother name then G and H will have no right on this property and can we solve illegal colonizer issue after taking colonizer licence on my mother name?
3. How we should transfer this land on my mother name that there will be no further problem legal or economic on my mother i.e. illegal colonizer and G ,H will also not ask their shares? Can we do “Batwarnama” after doing Namantaran on my mother’s name or should we make sale deed but sale deed cost us too much. In case of gift sale deed can be done in 2% stamp duty is it correct?
4. In case of Namantaran in how many papers we have to give “Vigyapti”?
5. One house is also very old and has no registry so how we can register this house in my mother name as we are paying all utilities bills from many years of this house?
Please don’t post my message publicly and contact me through email only (arlovear@rediffmail.com).....
Thanks in advance.........
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Distribution of property after fathers death
Hi,
My dad (Ajay Desai ) expired on 20th June 2011. In our family property (grandfather’s property) we had 1 home in Mumbai, and 1 Property in Gujarat. Before my grandfather (Narender Desai) died in the year 1976, he left the Mumbai property, to my dad Ajay Desai and my grandmother Rama Desai, and the Gujarat property all to my grandmother. My grandfather didn't left any property to his two daughters Nivrutti Desai and Akshya Desai who are Unmarried and age 55 plus. After my grandmothers death in the year 2008 (Died without Legal Will), my father Ajay Desai gave all the Gujarat property to his two sisters, and kept the Mumbai property, this was done Orally, not on legal papers.
Now that my father passed away (Died without legal Will), I wanted to know how the property will be distributed among every family members?
My two Aunt (Dads sister)
My mother Anita Desai
Me (Son), My elder brother (Mentally ill), and My Sister
Note: Please remember that the Mumbai property was half of my Father and half of my grandmother legally, and the Gujarat property was fully of my Grandmothers, but wasn't legally distributed between the family.
Edit: After my father’s death, both the property is currently on no ones name at all legally. Currently I and my mother are living in Mumbai’s property and my aunts are living in Gujarat’s property.
Thanks Expert R.Ramachandran & Expert: Prabhakar Singh for your reply, I have edited my post with required details.
P.S. Whats "Wakel Patara" (Lawyers Letter)?