Anonymous
05 April 2011 at 08:50
Hi Everyone,
Pls anwer my query,
mY husband bought our flat along wid the detachable closed garage 10 yrs back in mumbai surbaban area in a building which was constructed in 1984.In our agreement wid the first owner there is d mention af the garage along wid our flat, and we hv paid the stamp duty accordingly.
Now after so many yrs, all members of d society hv decided to sell the plot.Nw regarding the distribution of the money the other members of the society say tat the garage constructed is illegally done by the first owner itself and they will not pay us any amt for the garage.they say tat there is no mention of the garage in the original plan of the bmc and tat the first owners hv built tat garage illegally bu paying the builder some extra money.
As for us we pay the municipal tax for the garage included in the maintainance since the society has been formed.
Nw my question is is:
1) is the garage legally or illegaly onstructed
2)if it is legal then wat is the step to be taken to prove it
3)if it is allegal then whr do we stand coz we hav already paid for the garage.
4)is the mentioning of the garage(illegal or legal)necessary during the conveyance of the plot.
Pls answer my queries soon
thankyou
Anonymous
04 April 2011 at 23:03
I filed release application against Tenants (commercial) in Prescribed authority/Trial Court U/s 21(a) u.p. rent control act 1972. Trial court rejects my application on bona fide need because there are two ancestral houses in other district and as well as on comparative hardship of Tenants that Goodwill will be suffer if he evicted.
In appeal ADJ court also reject on bona fide need because there are two ancestral houses in other district but finding on comparative Hardship is Totally against Tenants that NO HARDSHIP if he evict because shop practically closed since so many years.
High Court set aside both the judgment and ordered to evict the tenant.
Tenant filed SLP & got interim stay.
This is the First case I heard that on bona fide need finding against Landlord as well as on Comparative Hardship finding against Tenants.
What was the Future of this SLP?
Any Apex court citation where this type of case discussed?
Anonymous
04 April 2011 at 22:04
my parents were married in 1955.my brother was born in1957. my mother was a dowry victim and poisoned for which a case was registered as she survived.the family intervened and there was a settlement and she was given some land in 1962. i(daughter) was born in 1963.when the ceiling on agriculture land was declared she was left with 22 acres. in the mean time my father kept awoman through which he had a son in 1972. my mother willed me her property through a registered will which my father contested and lost. my brother was gifted 22 acres by my paternal aunt. however we were not given ancestral property of my granddfather and grandmother 30 acres each which was transferred on my half brother's name. now my father has sold the ancestral property to my half brother at afee of 1% with adecree.my father has also acuired lot of commercial property on the name of the other woman and son . though the family is only engaged in agriculture of ancestral land . kindly advice legal recourse my mothe never divorced my father and died in1990 while the sonfrom the other woman was born in 1972.and he shows two wives in the kursinama. we do not know whether he converted religion to marry her or not
Anonymous
04 April 2011 at 16:59
i want to known 1st case we won & 2nd case won by opposite party in konkan bhavan with help of local MP help & immediate transfer in 7/12 name we have possession .every time he doing police compliant with help of local polticals person & nothing happened then again go through ACP they also advice resolve between two of you. we demand for 50/50 then also he not agree at time of purchase what we spend money that small amt only they gave us offer .
high court we gone this matter of civil court go there only now one year pass they doesen't going to court . WE think if they file case against us is much better beacuse they have to prove everthing is right decesion ? name transfer in uttara almost one year complete
what type of action i should take ?
is we challange konkan bhavan case again in same court in konkan bhavan
or go to civil court
for 7/12 should necessary to give protest letter for same
in police station so many times call me for settelment how should i act is they have any right
Anonymous
04 April 2011 at 16:56
Me and my wife separated in the year Dec'2006 and got divorce decree. After few months in March'2007 she returned back to my home with children and we started living peacefully. in 2009 we have purchased a flat in Delhi. We registered the property as co owners (As wife and husband, I am the first owner and wife as second co owner, Her name was mentioned as wife of me) and taken home loan jointly, me as main applicant. The flat was purchase on my initiative and mainly saving from my salary and other allowances like 65% from my side and remaining 35% from her side. Since then I am paying all the EMIs from my bank account. Even for registration amount I have taken personal loan. Now in 2011 again we have differences, she left the house with children. I want, I should have all the rights over the property (flat).She is ready to give power of attorney and ready to relinquish rights over the flat. How can I proceed? Is it possible to get legally thru irrevocable POA or any other option like thru release deed? I want to avoid future problems and litigation's later over the property. Neither my ex wife or children should not claim any right over the property, after paying all the EMIs for the next 16 years and money ,I do not want to loose the property as it is the only investment I have got now after the separation.. I do not want to repay all the registration charges over the half of the cost of the flat, also circles rates also increased in Delhi..
Please note
1. I want to have full rights over the flat with out any problems or litigations either from my Ex wife or children
2. She is ready to cooperate in giving POA or signing any legal document. In this respect we did not have any issue of non cooperation/fight among us etc.
Kindly advise me
Anonymous
04 April 2011 at 16:21
Dear Experts
What various documents required to file with the plaint in 14-D, Tenancy is old one in Delhi, Tenant expired leaving behind Wife, 2 sons, aginst whom to file the case. how much bright chances are there to evicitthe tenant.
Kindly also let me know the procedure of the case, means first we file the plaint and then respodents will file the reply and against will we get the chance to file the reply of the rejoinder and when we have to file the documents with our reply to respodent's rejoinder or with the plaint itself, kindly advise how we can avoid respodents to take/grant- leave to defend from court
Kindly clear my doubt, whether the widow landy herself required to let out the premises, I mean to know if the premises was let out by her father/ mother-in -law some years ago,and from whom the property is being trfd.to the widow(Daughter-in-law), can she file 14-D to evict the tenant.
Kindly also advise, when documents required to be filed
Thanks and Regards
Anonymous
04 April 2011 at 16:08
WE ARE LIVING IN A HOUSE FOR 14 YEARS WITH THE KNOWLEDGE OF THE OWNER OF THE HOUSE MR.X AND AGAINST HIS PERMISSION BUT HE NEVER WENT TO THE COURT FOR THIS MATTER. NOW AFTER 14 YEARS MR.X WANT TO GO TO THE COURT TO REMOVE US FROM THE HOUSE. THE FOLLOWING ARE MY QUESTIONS:
(A) IS THE COURT COMPETENT TO GIVE SUCH A PERMISSION TO MR.X AFTER 14 YEARS?
(B) IF MR. X SELLS HIS PROPERTY TO MR. Y THEN CAN MR. Y GO TO THE COURT TO EVICT US?
(C) CAN WE CLAIM OUR SELF TO BE THE OWNERS OF THE HOUSE IN WHICH WE ARE LIVING FOR LAST 14 YEARS BY ADVERSE POSSESSION AND DEAL IT IN ANY WAY WE WANT?
(D)KEEPING THE ABOVE SITUATION IN MIND, WHO IS THE REAL OWNER OF THIS HOUSE AT PRESENT?
Dibakar Ray
04 April 2011 at 11:41
Hi,
Can anybody please provide the relevant Acts prevelant in Jharkhand, Bihar, and Orissa for payable of stamp duty in Agreement and Indemnity Bond.
Regards.
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my claim in my fathers huf
dear sir,
my father died in 1983 with a registered will,
in his will he had stated that his huf be divided into equal shares between his four sons and did not give any share to his daughters
he stated that since we are married in well off families we have no share,
now the problem is there are four high value properties(which my dad received by a registered will from my grandfather) in my fathers huf's name
and my brothers do not want to give us any share , my mothers is willing to give us share but my brothers say that she has only right to maintainance in the property and hence she cannot will the property to us(but she can claim her share if the seperation takes place when she is alive),
i would like to take your expert opinion
for
1> my share
2> my mothers share in the said huf
i would also like to know if i am a member of the huf?
my dad in his will had mentioned that he had 1/6th share in the HUF which he has given to four of his sons in equal shares,
and also directed that his huf be divid in four equal parts for his four sons
i am assuming that 4 brothers had 1/6th share each and
1/6th is a question mark as it is not explained in the will ?
no where in the will had my dad given me any share in any of his or his HUF property
and i got to know from my family CA that the 7/12th extract does not contain my name it was tranffered from my grandfather assets to my father's huf via will of 1983 and in 1998 it was transferred in names of my four brothers and my mother