Anonymous
15 June 2011 at 17:55
My Father died when I (daughter) was around 15 years old. Mother raised both me (D) and my brother and now we are aged 34 and 32 years respectively. I was married once around 26 years which did not work out, got divorced within 4 years with first husband. Later, I loved and married a gentleman of my choice for the second time and is now living happily and have 4-years old kid too. Father's property (father died due to cancer without doing any will) was sold in Karnataka state few years back (around 36 lakhs) and both my mother and brother asked me for no objection for selling and I signed as they blackmailed me that they will “not” get me married with my second husband with whom I was in love. Now from that money of 36 lakhs, my mother invested 24 lakhs and my brother took a home loan of 15 lakhs and they purchased a home for themselves for nearly 40 lakhs, in their own name, i.e. my mother and brother's name. For the remaining 12 lakhs, they just verbally told that they shall give it to me but did not do. In that amount, they just spent around 2 lakhs for my second wedding and they did not even bother to take care of me/my kid after delivery and I was thrown out of the house. Now, I wish to claim my right in the property they have bought selling my father's property. Since past 6 years, they are telling that they shall give me my money but my mother has invested the remaining cash in shares, etc. and are enjoying their lives earning interests from banks with that (my) money. Now when it is necessary for me to buy a home, they are not agreeing to pay/settle me my share and saying I should take care of my mother during her dying age and then they shall decide. Today, they both are blackmailing if I ask money that they will tell to my in-laws (about my first marriage as my second husband insisted that they should not know for a better relation with my in-laws). They are denying to give any amount when I am in need of it and for tomorrow I cannot trust them at all. Now,
1) Please suggest what legal action for my rights can I take for this.
2) Can I legally claim my share of right now when my mother is alive (as right now they are enjoying the benefits of that money) or I have to wait and claim for half of it later fighting with my brother.
3) Is there any trick in the home loan taken by my brother for legal acts later?
4) Am I rightful owner for at least 33% of the property's money or what shall be my actual share according to this current status.
Kindly suggest and please guide further action for this.
Anonymous
15 June 2011 at 17:36
Is it legally possible for a person to transfer his property in the name of his daughter in law as a gift? Will someone have to pay a tax on this gift?
Anonymous
15 June 2011 at 15:34
Dear Sir,
I have sold an agricultural land alongwith a house and well.
But the said house and well were not recorded on the 7-12 of thac land.
and accordingly less stamp duty etc were paid.
i.e. the land was shown as "jirayati" though in reality it was "bagayati"
what are the legal implecations of this?
is the sale of land valid?
and now the said land is a subject matter of one of my family disputes and a court case is pending so the government officials i.e. "talathi" has refused to update the entries of house and well on the 7-12.
how can the buyer of the land get that house and well registered on 7-12?
please answer all aspects.
Thank you.
sandeep Upadhyay
15 June 2011 at 14:13
Dear all experts
I have a property(House) in a gujarat.The house has a ground floor and first floor. I want to give on a rent both part of my house.
Last time I have given on a rent this property but tenant was very rough person.He had not any ohter shelter(No own house)First he was decline to eviction of my house. He told me that you have given my name as a tenat for police verfication so I have proof that I am tenant.You cant do anything.After lot off hardship he vacant my house and not paid three months rent,Gas bill ect.
This is my addition house and need to give on a rent for loan payment purpose.Now again I dont want to put in trouble myself.
Now my question is that
(1)What is safe way to give my property on a rent?
(2)Is it necessary/mandatory registration of tenat in rent controller.If yes, where I can register?Is it benficial or not advisable?Where I can found laws regarding this in gujarat?
(3)Is it advisable to prepare a lease agreement?It is legan documents? It is usefull for me?
Request to all experts to give best guideline to me in this matter.Your help in this matter will give light to all landloard who is not ready to give rent his property due to avoide legal grip and choose suffering financal crisis rather than property loss threat.
Thanks
sandip
B.M.NAGARAJ
15 June 2011 at 13:58
sir, we had a property of grandmother which was sold in 1978,by my father and his sister and was regiserted.Till today the name of purchaser is not transfered to the RTC.And has not paid the tax.now can we suit a case aganist the purchaser, has he, they had not taken the childerns signature while regisetring the land.if yes. what should be done.
Anonymous
15 June 2011 at 13:28
Sir,
In a property related case in Delhi, the plaintiff has filed a probate case in which he has deliberately filed original Will after lamination as the defendants have already made objection about making of Will by adopting forged methods and copying the signature of the executant. Earlier the plaintiff has filed photocopy of the Will in different courts such as in the partition suit case pending in the High Court of Delhi.Further, the property in question is not self acquired property and allotted by the Govt. of India to refugees migrated from East Pakistan(now Called Bangladesh). Please clarify the following points:-
1. Can forensic lab. genuinely examine the signatures of the executant in a laminated Will.
2. What would be the proper course of action keeping in view of above said facts.
3. Since the Will is more than twenty years back and unregistered also, is this Will is time barred now, if so any recent judgement of the Supreme Court of India exists.
Anonymous
15 June 2011 at 12:38
Dear Sir/Madam,
I am planning to purchase a flat in Bangalore. The Sale Agreement value for the flat is 70 Lacs. I am availing a loan of 50 Lac to purchase this property from leading pvt bank. Now in Banaglore there is some concept that property can be registered at govt. guidance value also which is very low compared to market rate thus stamp duty and registration amount will be much less. The Govt. guidance value of this flat is approx 25 Lac. Also bank does not have any issue if i register the property at govt. guidance value. Also i am paying entire amount in white only. Pls suggest if it is OK to register at govt. guidance valaue and tomorrow can i face any problem if i register at lower value.
Pls help urgently
Thanks in advance
Anonymous
15 June 2011 at 12:20
Dear all,
pls if anybody can guide me on this it would be a great help.
My firm applied for a loan against property in one of the reputed bank. everything was fine, all documents submitted, verified everything cleared, they sanctioned the loan but we had to give one NOC after which they said they would disburse the loan amount.
Due to some reason we could not get the NOC so the loan was not disbursed. now they have charged EMI on this, would like to know is it legal?
can we fight against them, if yes how??
Kindly help, eagerly waiting for the reply.
vipul
15 June 2011 at 12:18
Hi Sir,
Recently i purchased a shop which is in the ground floor. The seller owns the complete land, he constructed 3 floors and sold the groung floor to us. Seller had purchased this land 15 years back from the government and got it registered. now we purchased ground floor from him and got it registered.
seller has 3 daughters and 1 physically challenged son. 2 daughters are maried. sellers wife and his son is not staying with him and he has not divorced her.
My query is that as sellers has purchased this property from Government and we purchased from him CAN HIS WIFE OR MARRIED DAUGHTERS OR UNMARRIED DAUGHTERS OR SON HAVE A CLAIM ON THE PROPERTY WHICH WE PURCHASED.
Please help me in this regard.
Thanks.
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query about disbursement of home loan
I am looking for buying a property from the owner of a one storied house who under an agreement to sale will construct the next floor on top and will transfer me the ground floor on completion. For this some amount will be paid to him as advance say Rs 5 lakh and the balance amount will be repaid to him against the bank loan. Now on inquiry we came to know that the bank loan will be repaid on transfer of property i.e on the date of registration of property. My question is as a buyer what are the risks i should cover because actual possession of the property will be done at a later date. I am bit confused please help me out.