tarun
16 May 2011 at 14:05
My grandfather in the presence of two witnesses has transferred a piece of land to my father in 1989. We have all the papers and the 2 witnesses are still alive. Now my uncle (my father' elder brother) has filed a case (in 2008) in court saying that my father has
presented someone else instead of my grandfather. In first date, the magisterate ask us not sell this property ? Now a person wants to buy this property and saying that he will bear the consequences of court result whatsoever. So can we sell it or not as per law.
Anonymous
16 May 2011 at 13:33
We are Hindus,living in South Delhi.My late paternal grandfather purchased this flat in 1979 where we live.He has 5 children(4 sons and 1 daughter).
In 1998,he wrote his will in his own handwriting,signed by 2 of his friends as witnesses.He died in 2007.Now his witness friends are also no more.That will was never registered.
This will stated that if he died after my grandmother's death,this flat and all his money will be equally divided amongst his 4 sons.But if my grandmother remains alive after his death,only she will decide how she wants this flat and money to be divided.
2 days back,my grandmother made her will,where she followed my late grandafather's wishes only, that this flat will be equally divided amongst the 4 sons,leaving out her daughter.Her will was printed,and she signed it in presence of 2 known witnesses.
The brothers are deciding to sell this flat only after grandmother dies.
Questions:
1. After grandmother's death,if we follow her will by selling this flat and dividing it amongst the 4 sons equally,can the children of my aunt who was not given any share,claim any share in it?
My grandmother's will is not registered.My aunt had married a Christian in 1969 and has 3 adult children.She died in 1994,ie,four years before my grandfather had written his will.
2. Is there any way to prevent my aunt's children from claiming their share?
These children never keep any relation with my grandmother,hardly meet or call her or any of us and socialise only amongst themselves.In our house also whenevr they stayed when our aunt was alive,they only played politics in our family.
3.Is it a necessity to get the will registered?
4.Any other precautions,so that the flat may be sold easily without obstacles,after she dies?
Anonymous
16 May 2011 at 11:14
My brother in law used to stya alongwith parents. His parents rejected their daughter in lw and hence my brother in law had to leave the house and stay separately. The rejection of his wife was typical indian story where she did not match upto the standards of in laws. 3 Years back his father expired. The father left some property for my brother in law, his wife and his younger son. The mother transferred all the properties to the younger son as she stays with the younger son. The mother is a depression patient but dead against the wife of my brother in law and blames her for snatching her elder son from her. The pension of the dead father and the mother is being taken away by the younger son, most of the property has been taken away by the younger son and complete gold has been taken by the younger son. The younger son also has the same hatred againt her sister in law and behaves like father and mother. Now my brother in law who had been avoiding dispute and conflict has decided to take legal recourse to get back his share in pension, gold and property. All these were not ancestral and were made by his father and mother. In such cases where the son is dis inherited because the wife of the son is rejected does my brother in law have any negotiation power ? Please advise
Anonymous
16 May 2011 at 08:07
sir,i purchased property in 1979 from a lady. i ragistered all doccument.this property is in called bunglow society.i made agreement with mr. rajesh in 1987 to sell this property for 17,000,00.he gave me only 500,000 only and took position and told me that he will pay rest of amount after 4 months as mentioned in agreement. i waited 4 years but he not replied to me.in 2004 he filed suit against me for specific performance.now what to do ,possition is with him.now the value of property is 10cr..now should i sell same.
Anonymous
16 May 2011 at 05:54
Hi All,
Thank for your previous update. I have purchased a property of 15*40 site out of 30*40. now I am planning to go for bank loan and get confused with Banker and my landlord words. My landlord is saying that he will give the certified doccuments of the parent doccument because he has sold the other part of 15*40 to other person so he cant give original to both of us but banker is not agreeing for the certified doccuments.
Can any one please assist with this.
Anonymous
15 May 2011 at 22:28
Partnersheep firm having 9 partners has developed one commercial complex wants to transfer one of the 100 shops developed in name of each indevidual in the profit sharing ratio.
Kindly advice the rate of stamp duty?
Is there any concessional rate applicable on such type of transfer?
Anonymous
15 May 2011 at 22:10
My late grandfather had given an industrial shed in Vadodara, Gujarat to a Partnership firm for their business purposes in 1980. There is no agreement to the effect. In 1995, the firm got converted into a privte limited co. The rent was not revised since 1980. After lot of persuation, they increased the rent marginally in 2007. Now i have been again pressing for increase in rent but when they did not respond, i asked them to vacate the premises.
They have replied back stating that they are the statutory tenants and that the rent was increased in 2007 to my satisfaction and they are not considering the matter.
Request experts on the matter to provide some solution on how to get the place evicted or rent increased.
Anonymous
15 May 2011 at 20:37
My father has a property (shop) on lease at heart of city for the last 35 years. He has been running kirana & general store in it. However last month he has expired and his wife (my mother) is his successor. Lease agreement was registered in the name of my father. The property has been on lease for 5 years and lease gets extended for another 3 years on expiry. The current lease is going to expire after 18 months.
My mother wants to transfer the shop to her relative/other person on payment of Royalty. Can it be done? How much % of current market price she can get as Royalty? What are the legal process involve in this? Please advice
mrinal kanti naskar
15 May 2011 at 19:10
Q. MOHAN ,HINDU by Faith died in 1978 leaving behind 3 sons,namely 1) HARI 2)ASHOKE
3) JAWAHAR & no daughters or wife. MOHAN HAD A LAND 30 COTTAHS in his khatian (2175).
In 2009 , ashoke alone applied for mutation to get his share. He got 1/3 share i.e 10 COTTAH of land in his newly created khatian (3130). MOHAN'S khatian (2175) is left behind with 20 COTTAH of land (as 10 COTTAH was shifted to ASHOKE'S khatian -3130 ).
Now in 2011, HARI is applying for mutation to get his share.
How much share will HARI get ?
will he get 1/3 of 30 COTTAH = 10 COTTAH ?
OR
Will he get 1/3 of 20 COTTAH = 6.66 COTTAH ?
PLS HELP.
MRINAL
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Formation of societyand builders commitments
Dear sir,
I would like to seek advice on the following queries regarding property from your panel of experts. We are residing in a new housing scheme in Pune having six buildings of four floors consisting of 32 flats in each building ie total 192 flats with amenities like parking, park, temple, gas pipe line, lift,inverter back up,Gym,comunity hall, etc. Now all the flat owners have taken the possession and builder has to form the society.Kindly give the advice and the expert openion on the following points.
1 Under which act society has to be formed since we want our right on
the land and other amenities provided on the said land.
2 Whether the society of individual building or whole scheme of six buildings jointly or one main society with sub societies of six buildings under the main society is advisable.
3 Whether the builder can keep his control over the temple and form a trust under his chairmanship or has to handover to society.
4 whether the builder has to hand over community hall and gym to the society or can keep under his control.
5 Whether the builder has to handover all the one time maintenance
amount taken by him in advance to the society with interest. What
amount he can deduct from the said amount while handing over
the same to the society.
6 Whether the builder is responsible or not for, to see that all the flat owners are getting sufficient water supply before formation of the society.
7 Can builder keep any right over any property of the housing scheme.
8 Which other things the flat owners have to see before the formation of the society to avoid disputes in future and any other advice they feel suitable for the benefit of flat owners.
Thanks and regards.
D.R.KONDAWAR