Anonymous
21 June 2011 at 12:09
dear sir,
I have been working out of mumbai from past 7 years.I have taken a bank loan to buy a flat in mumbai .my father has also invested some money in it and registered the flat on my name in 2002 and he signed as a wittness and society share certificates are also issued in my name.As my father expired my mother is staying alone in the flat now i want to sell the flat and bring my mother.But my sisters are now asking share in my father property which he has given to me.
Now my question is that weather they have the right to ask share in my property which my father has registered on me
Anonymous
21 June 2011 at 12:07
"I bought a small ‘ready to use’ flat from a promoter which was registered on 07/03/2006. Now as I intend to get it mutated by the Municipal authority, the municipal counselor of my Ward argued that the stated flat has been constructed on a parking space and thus endorsed as “Recommended for Mutation, subject to conversion of the Parking space”. Eventually the Municipal authority has also acceded to the recommendation of the Ward Counselor and my mutation got stuck.
The promoter has also been issued with a "Completion Certificate" on 26/05/2006. Now I seek guidance as to whether penalty if any needs to be imposed on me for any irregularity or procedural lapse on the part of the Promoter, or the Municipal authority and the Ward Counselor too( who is also a party in the process of issuance of Completion Certificate)? Eventually, the Completion certificate was issued, against Notice of Completion by the Promoter to the Municipal authority on 22/02/2006, By this time the well decorated flat was very much in place wherein a wholesale medicine business was being conducted by a Gujarat based Business House against rent from me and also with a Trade License from SD DMD.M. Authority issued on 13/02/2006. In fact, as a lump sum amount as advance for the Flat, was already paid to the Promoter from my personal means, prior to my availing the Bank Loan, for making the residual payment to the Promoter while registration, the Promoter handed over the unofficial possession of the flat as a good gesture. Bank authority granted the Loan after going through all the process of their physical inspection of the Flat and adopting Legal scrutiny and granted the Loan after their full satisfaction. As a precaution however, in view of the reason that the Bank also detected that the flat was constructed on a parking space as per the original sanction, the Bank disbursed the Loan only after inspection of the flat by the Municipal authority on 22/02/2006 was over, reportedly knowing from the promoter on inspection completion without any embargo, the Bank made the disbursement to me on 06/03/2006 for due registration of the property on 07/03/2006.
Regarding my statement that a wholesale Medicine business with a well decorated Office with prominently business hoarding, being conducted by a Gujarat Businessman, was very much in place prior to the date of inspection by S.D.D.M., I wish to exhibit the following authentic evidences, to redress my request for mutation.
The proprietor of the Business, who was running his wholesale medicine Business on the flat in question, obtained Trade License from Municipal Authority on 13/02/2006. He also applied for Drug License, Sales Tax, C.S.T. VAT Registration. The Drug Inspector and the Asst. Controller of Drug conducted physical inspection two different dates before the date of the Municipal inspection and being satisfied, issued the license on 07/04/2006. However the VAT registration took several months and was issued registration on 05/09/2006.
From my aforesaid submission of information, it is evident that the flat in question located at the very entrance, was very much in place while inspection for issuance of Completion certificate was conducted. There is absolutely no room for inadvertent mistake of overlooking the existence of the flat by the Inspection authority. Thereafter when the Completion Certificate was issued by S.D.D.M. on 26/05/2006, whether in any way I may be held responsible for a conversion of parking space, asinquiryyed? My enquiry with the Promoter, revealed that everything is in order as he has obtained the “Completion Certificate” after due satisfaction of all required obligations at his end for due satisfaction of the S.D.D.M Authority.He also informed that he has paid a big amount of ADC (Additional Development Charges) though nothing categorically is mentioned by the SDDM authority on its receipt, as per their the then prevailing custom. As on date the ADC collected is mentioned floor-wise.
I request opinions of the learned person as to what should be my further course of action, as I am not agreeable to pay any penalty in view of the reason stated in details.
Anonymous
21 June 2011 at 11:49
Sir,
I am a central Gov. Employee. I did agreement of two room, with kitchen let bath separate on non judicial stamp with 100 Rs/-. On this agreement only two person have signed one is Lady who is widow of house owner and another is mine.It is un-noterised and without witness signed. This transaction has been in cash. Mortgage amount is 1,50,000/- among this i have paid already 100000/- in cash with two part and i have only two receipt, on 1 Rs. revenue stamp(60000 + 40000), and another is left. One thing I want to touch in your mind that this house has only stamp paper as a property document and it is only Panchayati patta. so presently what i have to do? Is this house can take as mortgage? what if my paid amount is not return to me and they denied to return if i have do not interested to mortgage this house? This mortgage agreement did for 03 years. Thanking you sir,
yours faithfully,
pinakin
SAMIT PRAMANIK
21 June 2011 at 11:43
some one (of her son) is trying to cheating my grand mother for geting the property in his name becuase she is physicaly unable to handle the situation as her age more than 95 years. so how we can protect her & property.
pl. reply
Suresh Kumar
21 June 2011 at 10:38
Respected R.Ramachandran Sir, while going through your various reply on this site it has been learnt that you are of the opinion that the property inherited from father is the exclusive property of the son as per section 8 of HSA 1956.
Then please tell me that which property will be treated as ancestral on which the son/daughter can claim their share from his/her father.
Anonymous
21 June 2011 at 07:32
1)if an Indian owns farm land(purchased or ancestral property) & later takes citizenship of another country,what happens to the ownership? will he or she lose the property rights(question may sound dumb)?
2)what will happen to general power of authority (GPA) if GPA was given before taking the citizenship?
I would really appreciate if you could provide reference to the India law.
Thanks in advance.
Anonymous
20 June 2011 at 21:51
Mr XYZ is fuly seized and possessed of land, in a place [D] in Thane district, Maharashtra, obtained approval of a group Housing scheme from CIDCO, Town planning authority for the region.
Necessary CC was also issued. NA permission is also obtained from concerned
Authorities..
Thereafter Mr XYZ entered into agreement granting development rights in respect Of specified FSI on concerned land to M/s ABC Partnership FIRM having two partners.. Builder and to construct the flat and sell in the name of the said partnership. Flats have been constructed and put on sale and I intend to purchase one flat in the said proposed Housing society from reseller who has purchased from the said builder -- partnership firm M/s A B C---.2 years ago for which he has a registered sale deed signed by one of the partner of M/s ABC[NOT BY BOTH PARTNERS].
It is not known whether the said partnership firm is registered or not.
However, none of these agreements between the Land owner and builder were registered and my advocate says the owner of the flat has to fall back on irrevocable POA and other documents executed by owner of Land permitting development.
Despite The above remarks in the legal opinion, our advocate says the title of the purchaser of the Flat in the said society is clear, good, beyond reasonable doubt, marketable and unencumbered in view of search undertaken and that the Title Of the builders for construction and sale is based on unregistered agreement and POA.
Is it safe to buy such a flat in housing society which is under formation especially when only one partner has executed sale deed???
Anonymous
20 June 2011 at 18:43
Sir,
whether there is any time barred / limitation to probate an unregistered will on a plain paper in Delhi. If so, please provide/ refer recent judgements?
Anonymous
20 June 2011 at 18:42
Sir,
whether there is any time barred / limitation to probate an unregistered will on a plain paper in Delhi. If so, please provide/ refer recent judgements?
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Shetakari 7-12
Dear Sir,
I am procedure for registering my name in 7-12.Talathi is asking for Shetakari certificate.I have a farm land , but on 7-12 it mentioned GAVAT (Grass).
Can I submitte this 7-12 to Him??
Regards,
Deepak