Imran Khan
28 March 2020 at 23:39
Dear Sirs,
I have a 2 BHK flat in Pune which has Completion Certificate in the year 1988, but no apartment deed has been done by the developer. currently the builder has expired so we are not in a position to contact him or the original land owner.
Kindly guide us with the process for forming an apartment without the help of builder or land owner and get the property conveyance done in name of apartment.
there are total 12 flats and one garage.
Thanks in advance.
Rakesh
25 March 2020 at 17:04
Jo admi power attorney se humko makaan bech Raha he .to kis type ki power of attorney honi cahiye jisse wo humko wo Ghar sell ker sake or hum us Ghar ki registry sub registrar office se kara sake or Kya ye ligal hoga
Rakesh
25 March 2020 at 15:21
Sir ek dda flat jiska allotment latter or kabja latter dono hen .beech ke buyer ki chain bhi he .or last buyer ke pass power of attorney he wo mujhe makaan bechna cahta he Kya me wo makaan ki registry karwa sakta hun Kya ye law ke khilaf he .supreme Court ka 2011 ka fesla ki power attorney se titel transfer nahi hoga eska ulanghan hoga kya
Anonymous
23 March 2020 at 17:44
Thanks to all experts for their valuable advice. Now, I wish to ask a follow up question to my original query. When I posted my original query, I had not written about a particular mention in the sale deed dated 11th October 1954 executed by the original owner in favour of my mother, which when translated from Kannada into English conveys the following meaning:
" since your father, for the purpose of fulfilling his desire to gift you a residential house suitable for living, with full blessings by way of 'HARISHINA' (haldi in Hindi) 'KUMKUMA' (kumkum in Hindi) is himself remitting the entire consideration, the said sale consideration will be received by me in the presence of the Sub Registrar at the time of registration"
The endorsement by the Sub Registrar on the last page of the registered sale deed reads as:Quote: " Rs xxxxx in words (Rs ...... in figures) only. Paid in my presence by
to: ------------------ --------------------------
Vendor's signature signed by my mother's father
Alongside his signature, he has written
for-------(my mother's name xxxxxxxx
alias yyyyyyyy) (both her names) "
In view of the above, my query now is whether such a mention about 'HARISHINA and KUMKUMA' and 'gifting' in the sale deed executed by the original owner in favour of my mother will make any difference to the persons required to sign in the sale deed/s to be executed separately by self and brother in favour of the prospective buyer/s in respect of the portions separately gifted to me and my brother by our mother in 2012?
pratibha ajbani
20 March 2020 at 23:13
I am owner of flat , parking charges for owner is RS 50/ I have rented my flat ,my tenant is not using parking as he doesn't have car.
I am packing my car for two hours . society had charged me RS 250/ tenant charges
Please advise is it legal.
SAMIR SHAH
19 March 2020 at 17:55
i had purchased a premises in March 2016 in mumbai which was commercial. i converted it to residential flat and accordingly it was changed in bmc's record and i started getting property tax on residential basis. now bmc has come down with differential liability on the basis of capital value for the period from 2015-2016 till date there are 2 queries:-
1. 4 flats are of same size as my flat all residential but capital value for all the flat differ. is it possible?(its 4 floor bldg. with lift)
2. while considering the property tax which is considered as 0.775% of capital value for residential units, the other flat owners are given a benefit of levying only 40% additional tax over there existing tax. but in my case since the unit was previously used for commercial purpose and the tax was more than what it is now for residential purpose the benefit of 40% additional tax over existing tax considering the unit as residential is not considered and given. I am levied rate at 0.775% of capital value directly.
Please do guide at the earliest
Anonymous
17 March 2020 at 16:13
I received a summon from Delhi High court where plaintiff had instituted "suit for specific performance and permanent injuncion" against 6 defendants. I am one of the defendant. The summon asks me to appear before Joint registrar in court (and to appear before HC on a later date) to answer all material questions and to answer the claim. Also it is asking me to file a written statement within 30 days. It is also directing me to file an affidavit of admission/denial.
I do not want to be involved into all this. I want to know what will be the consequence if I do not appear in court? Is there anyway I can ask for leave on this date? Do I need to take help from legal professional to reply to this summon?
Anonymous
16 March 2020 at 21:26
My grand-father is not a farmer and he doesn’t hold any type of immovable property.
My father is a government school teacher and not a farmer but purchased agricultural land in the year 1983 after taking prior permission from the DC to purchase the agricultural land. The permission given by the DC to purchase agricultural land to my father only.
The above agricultural land is purchased by my father from his own funds without the aid of HUF Funds, after the next day of purchase itself, my father reported to the registering authority that my family is HUF having myself and my 2 other brothers and submitted letter, requesting to the registering authority to add his 2 other brothers name in the land records.
On the request and report by my father, Registering authority have added my 2 uncle name in the land records and presently all the name of 3 (My father and 2 brothers of my father) are reflecting in Land records as the owners of Land.
Now presently, our HUF (consisting of my father and other 2 brothers of my father) is in the process of partition and negotiation process is going on for settlement.
The agricultural land referred above and all persons are living in the state of Karnataka and please note that my grand-father, father and my one uncle has expired.
Further, I would like to inform you that:
I come to know this fact only since from April-2018 when we started to divide the family and live separately.
We are not originally agriculturist before purchase of this agricultural land, but my father purchased this agricultural land by taking prior permission from DC and in DC permission it has been clearly mentioned that the permission has been given only to my father and not to my uncles.
My questions to the Experts are:
1) Whether Agricultural Land purchased by my father will be treated as HUF Property or Self acquired property in the hands of my father.
2) How ownership of land will be determined in the above case, whether it is on the basis of land records or on the basis of sale deed?
3) How my uncles will get the ownership/title when their name is not reflecting in the sale deed.
4) My uncles are non-agriculturist, can we make an addition of name of non-agriculturist to the agricultural land?
5) Can I argue before the authorities, that addition of my uncles name is illegal and unauthorized under the Karnataka Land Reforms Act?
6) Whether the name addition of my 2 uncle to the land records done by the Registering authority on the application of my father is it valid?
7) If partition is to be done, then how much share of land my father will get.
8) Is law of limitation will start form 1983 or from 2018
9) Is there any chance of success, if I challenge the addition of 2 uncles name in the land records, as they are not farmers at the time of adding their name to the land records, and finally
10) I need your best suggestion/advice/legal option to resolve the above dispute?
Thanks in advance
Anonymous
16 March 2020 at 20:04
My mother, then aged about 19 years, had purchased a residential property in Mysuru, Karnataka during 1954 from an original owner of the same, through a registered sale deed. The original owner was a private person who was allotted the property during 1940 by the then CITB (City Improvement Trust Board), now MUDA (Mysore Urban Development Authority). My mother has three children, two sons and a daughter. She gifted about one third of the property to the daughter through a registered Gift Deed during 2002 and the remaining portion to her two sons (self and brother) through two separate registered Gift Deeds during 2012. Now, myself, the eldest son, and my brother (second son of my mother) want to sell our respective portions of the property, gifted to us by our mother, to a single buyer (or two different buyers depending on who offers the highest price). I have a wife and one son working abroad and my brother has a wife and one daughter working at Bengaluru. Please advise, who all are required to sign the two sale deeds, under Law, one between the intending buyer and self and the second between the intending buyer and my brother.
Thanks and regards
S G Siddesh
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