Anonymous
24 June 2011 at 18:16
what is the "Mukhtyra Patra" in case of sale/purchase of land, please give detail information.
Anonymous
24 June 2011 at 16:42
I have purchased agriculture land at Lucknow from four sons of Late Ram Khilawan on 2009. At the time of sale deed all 4 sons declared that Late ram Khilawan was died on 1989 and they are alone right to sell the agiculture land.
in the year 2011. Now, Wife of Late ram khilawan ask me to execute sale deed of her share and shows the khautani, in which her name is muatated. As per the UPZLRA, 1950 sharing of wife in land after 1999. Please advice me that claim of Mrs. ram Khilawan is right?
what is the civil and criminal remedy against all 4 sons of Late Ram Khilwan.
Thanks.
Anonymous
24 June 2011 at 11:41
Sir, My father has entered into a agreement to sell for his property thr. property dealer and get 10% as biana. His age is +65 years. We both i.e. both son has signed as witness in that agreement. Now, my father don't want to execute the agreement i.e. don't want to sell. As per agreement, if he broke the same, he would be liable to pay double of biana amount to the party. We don't have capacity to pay double. We can only refund the received sum as biana with normal bank interest. What shall we do? Can court order us to pay double biana or force to execute the agreement? Kindly advice us at the earliest.
Anonymous
24 June 2011 at 11:24
dear sir,
i have a flat in mumbai.which is registered on my name.at the time of buying i have taken loan from a bank and my father has also invested some amount and he signed as a witness at the time of registration.there was no objection from anybody. for the past seven years due to transferable job i am out of mumbai. as now he is expired now my sisters have issued a lawyer notice to the society and the builder & copy to me that if i sell or transfer my flat they will sue the society & builder to the court.in this matter the society is also not allowing me to sell my flat.now my questions are.
1 ) if i transfer/gift the said flat in my wife name and share certificates will be on my name as the society is not interested in transferring will be there any problem .
2) the lawyer notice which has been issued to the society and the builder is written on the plain paper without a letter head and stamp of the lawyer . only simple signature with notice issued was written on it.
I WANT TO KNOW WEATHER IT IS A LEGAL
OR ILLEGAL LETTER -
IN BOTH CASES WHAT ACTION CAN I TAKE.
Anonymous
24 June 2011 at 11:07
MY FATHERS SISTER AND HER HUSBAND BOTH OF THEM WERE LIVING IN RAIPUR. THEY NEVER HAD ANY CHILDREN AND NOW THEY BOTH HAVE DIED AT OLD AGE. THEY HAVE AN FIXED DEPOSIT WITH CENTRAL BANK, KINDLY GUIDE HOW TO CLAIM THE SAME, WHETHER I CAN GET THE PAYMENT IN MY FAVOUR AS THERE IS NO ONE OTHER THAN ME IN THE FAMILY HERE AT PRESENT.
Harsh
24 June 2011 at 10:54
As per our below mentioned query, if we go for RD, than can it be suffient to get RD from only on heir (i.e unmarried daughter who is right now with Ms.A)OR we required RD from all heirs?
If we give only one heir's RD, THAN CAN REGISTRAR MAY ASK FOR FUTHER RDs from OTHER HEIRS?
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Ms. A wanted to sell the house of Mr. B which the B has given to Ms. A (Sister) through unregistered will. Mr. B has died earlier (Brother of Ms. A having two daughters one married and one is unmarried). Now she wanted to sell the house mentioned in the will. One of the buyer said Ms. A that they required Relinquishment deed (RD) from unmarried daughter of Mr B (Brother). But my query is that Ms. A is competent enough to sell the house through unregistered will, so it is necessary to give RD to the buyer? Kindly gives us detail possibilities in the regard. Thanks
damodar
24 June 2011 at 10:11
Propery in the name of my uncle's widow to be transferred on my name on her death or other circumstances as she don't have legal heirs to claim. how to proceed...
vswaminathan
24 June 2011 at 05:51
ref. the Q and Expert 'A' per your recent update:
May I add my view:
As is expected to be known, ‘property tax’ is in the nature of a ‘statutory debt’, and as such, attaches itself to the ‘property’ as a ‘prior charge’. As such, on the facts given, strictly speaking, whoever is the present owner will be liable to pay, and in the event of non-payment, the local authority will be within its powers to take steps for recovery of the demand from him.
Other points of doubt which arise/worth enquiring /investigating are>:
1. Amount demanded, by any known standard, seems unreasonably LARGE; MAY BE, IT INCLUDES ‘INTEREST and PENALTY’(Is that so !?). Better obtain a complete break-up; that should be of help.
The fact that the demand has come to be made after a gap of years itself is intriguing; hence to be inquired into, to ascertain the reason for inordinate delay/ who is to be blamed for it- is it the local authority itself, -if so, why ‘penalty’, for that matter even interest’, if any demanded, could be charged?
2. ON ANY RESALE, THE BUYER , EVEN AS A COMMON MAN, OR HAD HE acted with LEGAL ASSISTANCE, IS EXPECTED TO HAVE MADE CERTAIN , WITH PROOF, THAT ALL ‘DUES’ OF THIS NATURE TILL DATE OF PURCHASE HAD BEEN PAID, AND IF ANY OUTSTANDING (OR EXPECTED TO ARISE LATER), is protected by a suitable ‘indemnity’ clause in the ‘sale deed’ itself. (Also, look up how this aspect was covered in the first sale deed execute by the builder/seller.
Be that as it may, the second owner, in any case, may have a good ground in ‘equity’ to claim and recover the ‘proportionate amount’ from the first owner; and if refused, take legal steps, in consultation with a competent lawyer.
Editor: YOU ARE REQUESTED TO SEND THIS FEEDBACK TO ALL CONCERNED, IN THEIR INTERESTS
VSWAMINATHAN
Anonymous
24 June 2011 at 02:33
Hello,
We had bought a land in tamilnadu 5 years back from A ( Father ) land was restired with his name and and his fater had sold us and even his daughter had signed on the agreement for no objection, but Son was not in native so he didnt signed on the agreement. Will it be problem in near future legally.
We are third party and sale deed was leagally executed.
The father is expired now.
So again the question will son make make problem in near future and legally will they have any right??
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selling flat within a year of membership in CHS
I want to purchase a flat from a seller who is having a flat in cooperative housing society in MAHARASHTRA. His membership will become one year this 21st November2011.
Some well wisher told me that unless the flat owner completes one year of membership in the said society, he cannot sell the flat(transfer the shares) under Maharashtra cooperative society rules.
I find this rule strange. Is this true?