Anonymous
13 May 2011 at 21:40
1) My name is Sumitra More (alias Maya More) and my late husband had purchased a flat at Vasai. My husband was staying with his keep named Sunita Sane (her previous name). The registration of the flat was been done by Sunita by misrepresenting herself as being me i.e. she got the flat registered by using my name as Maya More but the Agreement To Sell which was been executed has her photograph. She is now using my identity. She is currently representing herself as Maya More.
2) Money for the flat was been paid by my late husband in CASH.
3) Now Sunita Sane (the keep) is in possession of the flat and has given Power of Attorney to another lady naming Pushpa Kapde using my name Maya More.
4) My husband committed a suicide when he learnt about this and before his death he instructed the builder not to allow Sunita sell the flat.
5) When this matter was brought to builder’s knowledge he agreed to cancel the Agreement To Sell (ATS) and re-registered the ATS. Thus a Cancellation Deed was been executed between me i.e. Sumitra More and the Builder. Then the flat was re-registered again between the Builder and Sumitra More and Deepak More (me and my son) by giving a public motice.
6) The Builder has even issued the Possession Letter to me and my son.
What is the criminal remedy:
1) Can we file a suit for cheating or false persuasion.
2) Forceful dispossession.
What is the civil remedy:
1) Is the procedure adopted of Cancellation of previous ATS under Specific Relief Act Valid? As Sunita (the keep who had the previous ATS registered with her photograph) was not present for the cancellation of the ATS. The Cancellation Deed was executed on the grounds of false representation.
2) How can we get the possession of the flat.
3) Is the ATS executed between the builder and me Valid?
rajeev ab
13 May 2011 at 21:07
The present Land Acquisition Act (LAA in short) is out dated and it anti-people. We have scrap this Act and bring a new Law. Any suggestions ? Adv. A. B. Rajeev, Calicut, Kerala
Anonymous
13 May 2011 at 18:00
hello sir this matter related to me and my bhabhi [ elder brother's wife].she applied for succession certification in session court.that i objection for it because she was not legally wife of my brother . session court decision in my favour . during the case judgement the compromise between me and my brother's second wife.according to compromise one agriculture land 17 acre to give me and another agriculture land which was 45 acre to give to my second bhabhi . she was agree for this share and signature on draft infront of session court.session court agree and degree according to compromise.after compromise we gave application to tehsildar for mutation according to compromise in session court.but tehsildar not fill the mutation according to decision only filled the fotetgi mutation [ each land 1/2,1/2 share ].after then i admit suit to ACM COURT for injunction to my property and remove the name of my bhabhi which 1/2 named in my land.during this suit my bhabhi sell this property which is my possession to another . then i lodge a criminal case 420/120b against her in munsiff court. after investigation the court judgement to my favour and order to 1 year prison to her.she apealled in upper court but upper court decision to favour in my bhabhi to saying her name in said property.which was wrongly came in my property and suit is running in court. so i want to suggestion about this matter. now what to do for it . i already apeal for it in high court which is pending since 2007
Anonymous
13 May 2011 at 17:29
this is with regard to my friend where she lent fifty thousand in 1997 to her father and got one agreement of sale written in 100 rupees stamp paper and got written one flat at that time in exchange, as her father was not interested in the flat he has signed on the sale agreement
Now her father has expired, will the agreement work what is the life of any sale agreement as long as it is not transformed in sale agreement?
now her brother wants to file a petition against the sale agreement
Anonymous
13 May 2011 at 17:17
My father and I (eleder son) together taken duplex in pune. As I got the loan of 50 % of property value and my father is retired given another 50 % of value the registration done on my name. Now last 8 years I am staying in Hyderbad with my family for job purpose paying the EMI of loan taken. Parents are staying at Pune duplex. Now Father is asking to transfer the property on his name or give another 10000 for maintainance of property rather than EMI. Its difficult for me so what if my another brother who is yonger than me or my father files complaint
Anonymous
13 May 2011 at 17:17
if someone has registered a will and after the death of that will writer(owner) another will is produced by some one else which one is accepted?
why should be a will registered why because in one the answers the lawyer says any will is accepted how is it?
if its a biased will what will be the other persons fate?
Anonymous
13 May 2011 at 16:21
the u p stamp act, 2008 act is in force or not ?
if answer is negative, what is the tentative date of applicable.
Sailesh Kumar Shah
13 May 2011 at 16:14
what is the role of consenting party in the sale deed and builder agreement.
Pradeep Tripathi
13 May 2011 at 14:05
Dear Sir,
My father had bought two pieces of land measuring 3cents each in Andhra pradesh.Now we have settled in Mangalore,Karnataka. Iam only son and have four married sisters.I fear that my father & mother will distribute the sale proceeds of that land to all my sisters leaving minimal or no share to me. How can I take easy ownership rights and get transfer of name from my father to my name.My father may not have any problem signing on any documents.If that is done, whether those deed should I prepare in mangalore or A.P.Please also suggest me the cost to all these procedure.Thank you.
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distribution of property
my father had 2 wives both of them r alive. i am from 2 wife.my father died in 1982.all the property is at my native place in thane district as i was 8yrs my step brother use to look after the property.he gave some money for few yrs and then stop,as i was small we were not able to do any thing.now i approached him he is not giving me any detail of property.i have also learned that he had morgage property and took loan of appro 100,00,000 from banks without our knowledge.how can i get the details of property and will i get my share in that property.what will be the proccess