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Amar   23 April 2011 at 22:43

Can builder keep some part of Car Parking area legally?

Hi Experts,

We are facing a strange situation.

The builder floor i have planned to buy is two side open.

There are 4 floors except parking. Ground floor is for parking. So each of the floor owner gets equal right to the car parking.

Builder told us that they'll park his two cars in that parking. although he does not have any flat/floor their.

but now he has built a wall inside the parking and encroached the 1/4th area of the parking. He is refusing to remove that wall.

Only 2 of the 4 floors are sold as of now. Two owners got the registry. but its not written anywhere that builder will keep some space with him from parking area.

Now we are afraid that builder can sell that space to somebody else or open any kind of shop.

Can we challenge the builder? does he has the right to do that since he is selling all of the four floors.

Please suggest.

Best Regards,
Amarjit Singh.

Anonymous   23 April 2011 at 18:48

Property sold by Limited company

Dear Sir,

Limited company has sold their property to individual with due consideration. But individual have not made title deed but taken only power of attorney. After a period laps, company have struck off their name. Now power of attorney holder want to sold this property. Is there any legal complexity on registration of sale to other party ?

Please advise

Anonymous   23 April 2011 at 18:36

ORDER TO LOCAL REGISTER OFFICE

Iam one of the legal share holders of immovable property and other major legal heirs/share holders planning to sell this property without my consent. I wanted to stop this legally and particularly give the order to Registar office not to register this property. How can I stop this activity. Please advise.

Thanks and regards,
Abdul

S.Nachiappan   23 April 2011 at 17:55

Legal rights.

I am a married women married in the year 1973.My grand father (father,s father) has ancestral property 70 cents of land. Even before my father's death my fathers brother and my brother has entered into a partition deed agreement and registered the same and showing that both have constructed houses seperately three years before. My father has expired in Dec.2010. We are three sisters and brother. My brother alone is now enjoying the property ( 35 cents) after constructing a house. Am I ellible for a share in the ancestral property. We belong to Tamilnadu State.
(N>Meenakshi) (09363102693)

yusuf   23 April 2011 at 17:48

CLAIM OF POSSESSION ON THE BASIS OF ORIGINAL TITTLE DEED

Dear Experts,
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 court 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 get 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 utmost 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-à-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.
Thankind you,

Sincerely
Mr Yusuf E.

Anonymous   23 April 2011 at 17:18

CLAIM OF POSSESSION ON THE BASIS OF ORIGINAL TITTLE DEED

CAN WE CLAIM POSSESSION OF LAND ON THE BASIS OF ORIGINAL REGISTERED DOCUMENT WITHOUT HAVING PHYSICAL POSSESSION?

Unknown   23 April 2011 at 16:06

Rights

Dear Sir
I want to know what is the Tenancy rights and landlord rights.
Does tenant have right to sell the property.
How much % landlord liable to collect from tenant when he sells to other.
Landlord can remove all tenants any time withoute any reason or o/standing rent not paid.
if rent not paid for several years then landlord can remove the tenant.
awaiting for your reply.

Thanking you.

prashant bhandarkar   23 April 2011 at 15:14

property

I had booked flat in the year 2006 @ 2600/- psf and paid 25% amount Rs.300000/- by cheque to builder.

Plot is SRA plot and builder got LOI from SRA. Due to some problems builder could not start the project and now this builder has sold the plot to other builder.

Old builder is insisting me to get the refund of booking amount as he can not construct the plot.

I have made all the payments through cheques and collected receipts for the same.

I want to know can i fight for flat from new builder instead of refund ?

if yes what should i do for this ?

Thanks & regards

mvsubbareddy   23 April 2011 at 14:34

How to Possess

Dear Sir/Madam

Nearly 10 acre land very far away from my village near by a hill is unused. I would like to cultivate that land. my queries are:

1.How could I know whether this land is in govt records.

2. How can I take possession of this land.

Thanks & Regards
MV subbaReddy

Unknown   23 April 2011 at 14:23

Rent receipt

Karan and Arjun are two brother & tenant since 1976 of land being used by them 50%Karan,50% arjun.on rent receipt landlord put both the name since several years but betweeen 1990 to 2011 lanlord issuing recpt in the name of karan only without any NOC from arjun even in muncipal tax bill both the name are there.pls suggest what will be game behind it,and can karan claim full property of being himself, does not arjun have any right on property or any development plan proposed then what will be the benefit of arjun.
Thanks with regard.