Anonymous
03 May 2011 at 20:27
Dear Sirs,
Here is a peculiar case, wherin a 80 years old father of a HUF family is trying to cheat his 4 daughters/lone son of their due share in their mother's self-earned property.
The Father is aged bout 80 years and his wife died in the year 2005 leaving behind 4 married daughters, 1 married Son, Grand Sons & Grand Daughters.
The Mother of these 5 persons was having self-earned agricultural land of 5 acres near Chennai in her name and the present market value is around 1.2 crores.
She did not leave behind any will on her property. Hence the Father of this family wants, the entire property should go to him.
Hence he hatched a wicked plan and staged a drama in the year 2007, as if he would end his life, if his son or 4 daughters doesn't sign a deed prepared by him.
Out of fear and emotional pressure, his only son and 4 daughters were forced to sign/register a document, even without questioning him about the contents of it.
He did not gave a copy of the document to any of his daughters/son, as he doesn't want any one to know the contents of the document.
Hence one of his daughter questioned him about his crooked act, in a family gathering last week. As his conspiracy was exposed, once again he played a emotional
drama and got support from 2 daughters. Hence 2 daughters want to have equal share in the foresaid property and other 2 doesn't want any share.
One of his daughter had managed to get a copy of the document and shocked to know it is DEED OF PARTITION WITH A CASH PAYMENT FOR EQUALISATION.
A gist of this partition deed is given below:
Partys to the deed: (1) Father, (2) to (5) Daughters and (6) Son.
Total area of the property : 5 Acres and was divided into "A", "B", "C", "D", "E", "F"schedules.
Declared Value of the total property: 75 Lacs.
Value of the schedule "A" property was declared as Rs. 74,50,000/- and this goes to part No. (1)
Value of the schedule "B", "C", "D", "E", "F" was declared as Rs. 10,000/- each and goes to partys (2) to (6).
As Party Nos. (2), (3), (4), (5), (6) doesn't have a need for this property, they have handed over their shares to party No.(1) for a sum of Rs. 10,000/- only.
A Total sum of Rs. 50000/- was paid to them from the family income.
This partition was done for the comfort and development of individual families.
Whether this partition can be challenged for depriving equal shares to the daughters of the family?
Can one or two daughter alone fight for equal property share now?
Please provide your valueable suggestions and advice.
Thanking you inadvance.
Prakash.
rajat gupta
03 May 2011 at 19:58
Is there anyone knowledgeable about the Building Bye Laws ?
Subject is, that I made a small investment in a office space in Faridabad, but the builder seems to be taking us for a ride. He's offering us a unit which looks like a tunnel - just 6 feet wide and 38 feet long.
Apart from the fact that this tunnel type of a layout is useless, I think such a narrow width may not be allowed as per Building Safety laws, as personnel movement and evacuation would be severely restricted during emergencies. So, I need to find out from an architect, if such a small width is allowed as per the Building Bye Laws ? Someone told me that a minimum width of 8 feet is necessary as per Building Bye Laws. Is that true ?
Regards
Rajat
Anonymous
03 May 2011 at 17:46
Hi, I have given my flat in Delhi to my nephew in 2006 since he was in bad financial condition and didnot have a place/money to stay. As a caution, I insisted on preparing & jointly signing a lease agreement (11 months) for rent @ 3500 (but this was not registered, and has not been renewed since). From 2006 till date, I have not taken/recd any rent/money. Now, the person is not vacating despite several requests. I am retired and require this flat so as to get regular income. Can you please suggest:
1. Should I file a case, if so, how much time it may take in this scenario, and what are your siggestions....I am in deep mental agony, PLEASE HELP
Anonymous
03 May 2011 at 17:13
Dear Sir,
I ve been staying in a pagdi system flat for last 40 years. There was no agreement to begin with though I have the rent receipts, electricity bills and other address proofs with me. A public notice has appeared in a news paper asking for declaration of any interest in the land as the landlord wants to sell his rights to a developer.
What are we as tenants suppoed to do? should we inform the developer that we are the tenants there?
In general, what are the rules guiding such transactions? What right do we have in deciding the corpus fund, rent, extra space etc. as the agreement would eventually occur between the land lord and the builder?
if we have to seek legal help, who should we approach?
Nisar Ali
03 May 2011 at 13:59
Hello,
I just wanted to know what is pagdi system flat.
Accordingly to the property law, is it safe to buy these kinds of flats/ houses etc.
Request your all suggestions.
Nisar
Anonymous
03 May 2011 at 12:08
This is a case of redevelopment of one pagadi system residential building situated at the area of Matunga -King circle. In which I have one shed (garage) in the compound of of the said building and that shed is going to redevelop with the said building. Now in this case builder doesnt want to show this said shed in redevelopment plan as he will not get benefit of proper FSI therefore Agreement of redevelopment between me and builder can not be register. He suggested us to vacat possession of the shed so he can get inspected the said building by BMC Authority. And alsohe assured us togive the flatin exchaneg of the said shed without any legal agreemnt. Pls suggest how to get a legal possession of flat in the said case after redevelopment.
K.E.Thiyagarajan
03 May 2011 at 08:13
Purchased a residental plot at chennai during 1975 out of my self earned money and the same was transferred to my only son through a settlement deed during 2002 indicating that the settlement canot be cancelled or alterted subsequently on the belief that he will take care of me and his mother properly.After marriege his attitude is changed and completely neglecting us.When I want sell the property to have 25% share for self and daughter he is trying to avoid. Now I am retired and no income and has to depend my son only.I want to know whether settlement deed can be cancelled or any other remedy to restore the property. Ofcourse out of 60 lakhs worth property I need only 20lakshs for self, daughter and grand children.
Anonymous
02 May 2011 at 22:50
Date: 2/5/2011
Dear Sir,
The facts of the case is as follows:
Our Grandfather had purchased 8 plots of land aggregating 2 acres in
the year 1929 at Mumbai suburbs wide registered document 1929. On the
last page of the document it is mentioned that the sub registrar
refused registration under section 35(3)(a) of the Registation Act and
code order number 277. It was because the lady had taken the plea that
she was told that it was a mortgage deed though it was a sale deed.
Further, she / vendor had not received a single penny of the sale
amount. The sub registrar refused and referred the matter to the
registrar. The date of execution is January 1929. The registrar after
hearing ordered for registration in our Grandfather’s favour in the
month of August 1929 and it got duely registered in August 1929.
The Lady/vendor did not gave possession and the document was shelved
for all these years. In the year 2007, my Father handed over the
original document to me to see what can be done about it. My
Grandfather expired in the year 1964 and my Father expired in the year
2008. The property has never been sold neither by my Grandfather nor
his legal heirs till date. All of the first generation have expired.
All of the second generation are alive and are 50 in numbers.
After visiting various land revenue offices I have been able to piece
together new survey numbers for the old survey numbers from the 7/12
extracts, mutation entries, property cards, enquiry register and
various LAQ offices and also from the old village map of the year 1908
containing old survey numbers.
Thus, I have been able to identify the new survey numbers and the
location of the land. All the old srvey numbers have changed and I
have concluded that all the 8 plots of land are being held under 4 new
survey numbers which mainly belongs to industrial companies.
From the documents that I have been able to get from the registrar
office pertainig 2 our old survey numbers I find that the lady/ vendor
had created a thrid party right by mortgaging all the plots for the
exact amount at which she had sold a land to our late Grandfather. In
the subsequent years each of the plots have changed hands (transacted)
three to four times as per the document taken by me from the land
record office. There was no 7/12 extract uptil the year 1955. As found
from the varuious documents it states that the document will be
recorded in the KHOTI record when requested by the purchaser.
Further, Our Grandfather name is no where in the land record books
except for the index 2 which gives details of the title deed. Also,
the land record have been destroyed with ut most precision. No paper
for the year 1930-62 can be traced. Hence , in view of the above facts
my queries are:
1. What is our legal status vis-Ã -vis our ancestral land?
2. What is the legal remedy for us?
3. Will our civil suite be admitted against the parties in possession
of the land?
4. Can we claim possession of the land on the basis of the original
title deed of purchase of land in 1929?
5. Any other suggestions/advise will be appreciated.
Would like to meet you and discuss the mater if an
apointment is fixed.
Thankind you,
Sincerely
Mr Yusuf E. e- mail id yusufememon@gmail.com. mobile 9322017047
Anonymous
02 May 2011 at 20:29
Respected Sir,
My father is missing from FEB-2009. Tough luck we didn't get back him after lots of searching. We have 7 acres of land on my fathers name and has some amount of money in his account. We booked FIR on Feb-2009.
Coming to questions:
1.What are the documents we need to get from court/tahasildar/police station like legal hire,non trace out.
2.What is the procedure to transfer property the to my name/my mothers name.
3. What is the procedure to withdraw/ transfer money from his account
to nominees account(mine/my mothers).
4.How long it will take to transfer/withdraw.
THANKS.
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U.P. Control Act
I am the only child of my parents. My mother was gifted a property by her mother in law i.e. grandmother by virtue of registered gift deed. That as an eldest member of the family rent was being accepted by my grand mother. My grandmother was died in 1996.Thereafter the rent was being accepted by my father for few years being as eldest member of the family, and receipts used to be given either by my sign or by my fathers, but due to some unavoidable habits of my father, my mother has appointed me her attorney to collect the rent by virtue of registered power of attorney. Thereafter demand notice was sent to the tenants to pay the rent giving the details of attorney. But the rent was sent through the money order in the name of my father and my father had refused to receive the rent. An application was moved before the court of law under section 30(1) of the said act by the tenants. My father stated in his written statement that he was no more land lord and had no objection if the rent was paid to my only son. The matter has been disposed off in LOK ADALAT with the direction since no title has been shown and tenants can deposit rent on their risk.
In protest of aforesaid judgment, review application has been filed. In the mean time my father was suffering from lung Cancer subsequently died on 6 Jan 2011 due to long illness review application under section 30(1) have been dismissed in default.
It is pertinent to mention here that I am unemployed and have become over aged and my mother has filed suit for eviction under section 21(1) of the said act in the year 2005 which is still pending in the court.
Now my queries are as follows:
1) Whether the court is empowered to test the ownership under section 30(1)?
2) Whether my mother should serve a fresh demand notice to the tenants giving all details for making the payment of rent.?
3) What I should do for taking the rent which was deposited in the court in favour of my father under section30(1)?
Kindly help me on this forum.
Thanks.