Deepak
28 February 2011 at 11:07
Dear All,
Greetings for the day.
I come to know that my part of the house is in BMC land. Please suggest me what steps I need to take to avoid any action from the BMC\any other authority.
Regards
Anonymous
28 February 2011 at 11:07
sir,my famaily having land around 36 guntha from which 5.75 gunthas land is merge in our land by collector order for which my grand father applied in 1934 at that time they paid160 as kabja hakkachi rakkam to collctor which is calculated as per600 per acre in 1937 .
sir i had applied for non agriculter use at collector office thane, where they now say me to pay najrana for that 5.75 guntha which was merged in our land in1937 by paying kabja hakkachi rakkam , so plese give me any solution ,still waiting for reply.
Anonymous
28 February 2011 at 10:38
Hi,
My dad rented out two commercial shops to a tenant. He has not paid rent for last 7-8 months and gave various personal reasons like his financial condition is not ok,his son is not ok etc to my dad for not paying the rent. Nor did he pay the electricity bill. When we asked to evacuate the shops, he paid the elcricity bill and filed case against evacuation. He gave the reason that we have another shop in which we can do whatever we want.Now my dad and me need that area as we want to start our own coaching center for which we have registered licence too and some specified space is required if want to startup authorised center of any university. We need those shops as only then the space specification will be satisfied and we'll be able to start our center. Please advise what to do? We are in an urgent need of our shops.
FYI, there are no legal agreements nor any rent reciepts.Moreover he earlier agreed to evacuate but later on filed this case.
Anonymous
27 February 2011 at 23:45
Dear Experts, I have a flat in Maharashtra and I have been out of station for work. I was telephonically informed by the cooperative society's secretary that the society last year had a key made to my flat when I was away as the flat above mine had a leak and that they had entered the flat to check it. I was not intimated at that time. I have now been verbally asked for permission by the secretary to clean my falt in my absence which I verbally declined. Does the society have the right to make keys and enter my flat in my absence without notifying me?
I have sent the society a registered letter saying no one is to enter my flat without written authorisation in my absence. Should I take further action to prevent unauthorised entry, use and adverse possession.
Anonymous
27 February 2011 at 20:52
Hi Experts,
My friend's father had purchased a site vide GPA, agreement in 1995, were paying taxes since then & subsequently in 2002 got the Katha(Holders).
Later the executant expired in 1999, post which in 2006 a sale deed was executed by the original executants wife in fathers name.
Post which construction was done by availing a bank loan.
In 2009 my friends father expired and now due to financial crisis they intend to sell the property.
The concern is the measurement in Sale deed is wrongly captured less by 150 sq.ft
Query is :
1)Should a rectitification deed be done by the originals executant wife in favour of any nominee from my friends family? OR
2)Should a fresh sale deed be executed to the left out extent, i.e 150 sq.ft?
What would be the best deed in the above circumstances
fernandezyaho
27 February 2011 at 14:36
Purchased property under "A" survey no by 5 people (1, 2, 3, 4 & 5). Another Property under "B" survey was purchased by (1, 2 & 6). a tenanted land. No 1- sold his share from Property "A" to No. 2, 3 and 4. And whereas No 1 sold his share of property "B" his 1/3rd share exclusively to person No.4. In the agreement it is clearly mentioned that No.1 received total amount being the full and final settlement of his share in survey no "B". And whereas he received part payment at the time of agreement for sale for survey no "A" from No 2, 3 and 4 person. This agreement for sale was executed before notary and it was mentioned in the agreement that the possession is given and that the Person No.1 will come to sign any documents pertaining to the development purpose. Based on this in order to escape open space due to lot of court settlement area lost to the tenant. Therefor area was partitioned with meets and bounds. Both the survey no were partitioned. Including the development of roads was done by No.4 , all expenses for development etc, was borne by no. 4 even partitioning of the property "A" n "B", the original partition deed of A n B is wid No. 4. I was paying him on behalf of me and 2 and 3. No 5 was given his share. We made payment by cash and by bearer cheque , amounting to 50 percent of the total amount and the balance 50% amount was paid upon his signature on sale deed executed , out of 4 sale deeds. So into saledeeds his other 50% was paid. making it amount cash received 50% and amount received vide sale deed. Once he got his amount, he executed a power of Attorney in the name of Person No. 4 only for the his share in plot B. The two notarised copies of the power of attorney was given to person No. 4 . The original was retained by person No. 1 . We have agreement for sale, we have receipt on revenue stamp with his signature, 50% amount received by him, The person No. 1 dies leaving few more plots on his name. After all the account was taken by the heirs of No. 1 and after giving all the documents wid them in the year 2001 , that the agreement for sale, the receipts, the power of attorney is forged. Although power of attorney and agreement for sale are notaried and receipts are signed by him on the revenue stamp in the year 2000-2001. When they came to know that there was another few plots left on person No. 1 , The heirs of No 1 started dodging saying that they will transfer when they (heirs meet alltogether)and finally one of the heir told me to leave(give them) the remaining plots to them, if not then I will file a suit. ulitimately the heir told me in 2007 that he is filing a suit. To that I agreed and in 2008 they filed a suit giving reason that in 2007 jus before filing the suit they saw that one house is built and the entries in form 1 and x1v is of diffrnt person. Entries on from 1 and xiv is already in the year 2001 and the other entries and two houses are built before 2007 having housetax and electric connection. After this they tried to sell the remaining plots which were on No. 1's name by deed of partition. Which was executed because of development. What is my stand in this case.. as they r saying that every thing is forged. Please suggest what i have to do, and wher i stand..
ASGAR FANSOFKAR
27 February 2011 at 13:19
My landlady is expired and her son in law has started collecting rent from our building since last 2 years, I have taken few receipts from him and ask the rent collector to provide me documents of the transfer of ownership but still not received. I have stopped paying rent since August 2009 in order to pay the rent to right owner. Till date I have not received any letter or notice from the landlord about transfer of ownership of any legal possession of the premises. Kindly advise how pay rent to the right owner or where can I pay the rent for avoiding future problems.
I am worried as some people say if you don't pay the rent for six months, the laqndlord can file a suit of eviction.
Please advise.
Regards,
Mark
27 February 2011 at 13:02
I had purchased a flat from the builders/developers in Nashik vide agreement dated 26-Mar-1998. I had completed all payments to the builder before the agreement.
Although a society has been formed but could not be registered as the builders have not done the conveyance yet. Therefore, I understand that my property is under builders registration and not under society.
As I intend to sell my flat, purchaser dropped out because banks refused sanction his loan as sale deed is not available. When I contacted the builders for NOC, he has refused to give for the reasons that one of the flat owner owes his dues and the bank which financed that flat has been auctioned.
Whatever are his reasons, there is nothing pending from my side.
a) Is the builder right in holding back my NOC or sale deed for last 13 years and holding me at ransom?
b) Is there a law which out-does these hurdles by the builders and gets me instant justice?
c) What am I suppose to do next for an urgent solution (as I need to sell this flat for I have settled in another all this while).
d) How can we straighten crooked mentality of such builders for holding people ransom?
Highly appreciate your urgent advise.
(agreement scan copy is available, in case needed for reference)
Regards,
Mark
Rathan Singh
27 February 2011 at 12:34
Hello All,
I have a typical problem. The itigation is on muslim property. 'A' died leaving behind his only two sons 'B' and 'C'. 'A' filed a partition suit in the year 1979 during the pendency of the suit 'B' sold away all the property and there is no property left over. All the property has been sold by 'B' and the subsequently the purchaseres sold the property to some others.The third parties approached High Court and obtained a direction that the third parties can join the partition suit as parties and High Court has directed that they can join the suit and the decree is binding to them. High Court also dierected the thied parties will get equities only in the share of the 'B'.
Surprisingly 'B' has sold all his property and there is no proprty left over to 'B' which can be alloted to thirdparties. Now can some one suggest me any citations which can protect 'A' from the third parties. It was earlier a agriculture land now the agricuture land is converted in to layout and there is no open space left. Third parties have made constructions in teh said lands.
Appreciate if any one can provide me latest full bench judgements or any citation if any that third parties are hit by lispendency and they can not be entitled for quities.
Please help me by providing any good citations.
Regards,
Rathan Singh
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Tenant Rights
Is their any judgement which states that if tenant lives in a place more than 20 years. He will be owner of the property.