Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

chandra shakher joshi   25 February 2011 at 12:30

Powerof attorny

A special Civil Appeal was filed in DB in a property case by Power of Attorney Holder against a decision in My favor from single bench in High Court in 1999. Now the appeal is in hearing. I recently came to know that one of the power of attorney giver (Principal) died in 2005 or 6. What relief I can get from the High Court and what steps I have to take .

Anonymous   25 February 2011 at 12:16

use of yellow zone residential plot for commercial purpose

Dear Friends,

i have a plot in GAOTHAN area and it is notified as a yellow residential zone.

pls. tell me whether i can use it for some commercial purpose or not.

if i can, then pls. tell me the procedure for that.

regards
Sandeep

Anonymous   24 February 2011 at 21:33

Rent agreement

Dear Expert lawyers I have rented my house in Chennai from last 4 years with same tenant. This year I have added one more clause to our rent agreement based on feedback from some expert lawyers. Clause is as below


Under any circumstances before the expiry of the period, the “Tenant” or “Owner” wants to vacate the demised premises, one month notice in writing is necessary for both parties. If house is not vacated within 3 months, three times of rent Rs30855 to be paid every month, after 3months of notice of vacating.

I stay in Bangalore, my tenant says this clause can not be introduced in rent control act in Chennai. I am sure this clause can be added to any place in India. He is not willing to sign the renew agreement.
Experts pl. advice
REgards

Vimal   24 February 2011 at 18:00

Father Property

Dear Sir,

I have one brother & he is claim on my father self property. Is it any rules for that property.

Pls. guide me.

From.
vimal_vanzara@yahoo.co.in

Anonymous   24 February 2011 at 17:08

Can my father sell falt withour my signature

I am 21 years hold, my father last month sold a flat without my permission and signature.

Now can I challenge for illegal sale of flat and shall I ask for my share

Anonymous   24 February 2011 at 16:51

Gift of immoveable property to son

If one son gets the immoveable house property ,gifted to him by the father under registered gift deed , can the other legal heirs challenge the validity of that gift deed.
Give some case laws.

Anonymous   24 February 2011 at 13:43

agreement of sale/irrevocable GPA

Market value paid. An agreement of sale cum irrevocable gpa was obtained.Buyer signed in the agreement of sale to represent the seller in all legal matters.The agreement of sale also has indemnity clause.
The said property has gone into litigation as the seller had sold the property to multiple people without intimating the buyer. Now the person who has the GPA is threatening to take criminal action against the seller. can he take criminal action against the person who gave the gpa, after all he is just a gpa holder.



karunaker reddy

Narender Singh   24 February 2011 at 12:32

Lease Hold property

My mother had purchased a leasehold property in 1980 from a person who had purchased leasehold property in 1950 for Rs. 15000. General power of attorny, sale agreement and will was in my mother's name. We paid the lease till 1989 regularly. But after the death of Shri Ram Krishan (the person who collected lease from us) nobody from his family came to us to collect the lease. In february, 2011 son of Shri Ram Krishan has noticed us to vacate the property and handover the same to him. A notice has been sent through an Advocate. We have no knowledge whether he got any authority over that property or not. Even I also want to know whether in any Hon'ble Supreme Court's judgment, lease has been removed or not.
Please advice.

Ritesh Jain   24 February 2011 at 11:16

transfer of premises to legal heirs after death of the owner

the original owner was the owner of a premises (paghdi system). The original owner lived in a joint family since 1987-88 and the premises is presently used and occupied the same joint family. The original owner died 8-10 years back leaving behind his only 2 sons and their family. No will was executed by the original owners. The original owner does not have any daughter and the family is governed by Hindu Law (being Jains). The legal heirs did not transfer the premises in their joint names as the landlord was demanding huge sum for transfer of the premises in their name and the legal heirs being unaware of the law did not accept the request of the landlord. The landlord has died and the property is being conveyed in favour of a Developer by the legal heirs of the Developer. The legal heirs of the original owner have not given their consent for the development due to the developer providing less area of 753 square feet carpet in comparison to the current area of 890 square feet carpet area. The Developer is forcing the legal heirs to give their consent in lieu of the transfer of the new constructed premises in their name, but the legal heirs are against the proposal.

1) Please provide a solution to the same.
2) the premises needs to be transferred in the name of the legal heirs, state the legal process where no fees is to be paid to the Landlord.
3) Do the legal heirs have to pay any transfer charges to the Landlord for transfer of names after the death of the original owner?
4) any other legal way out to get the name transferred?
5) how much is the actual legal fees for transfer of names.

Ritesh Jain   24 February 2011 at 10:52

Redevelopment of a tenanted building (paghdi)

I am a tenant in a paghdi building. Our building is a Cess A building. The building originally consisted of 24 tenanted premises. In the past five years the bulidng premises has increased to 36 with some illegal constructions and with the permission of the earlier landlord. Out of the 36 premises only 11 people who are the actual holder of the 24 premises have not given consent to the Developer. The Developer has entered into a deed of Conveyance with the Landlord and got it registered. The Developer himself is the Landlord at present. I alongwith the other 10 tenants who have not given their consent to the Developer / Landlord are not against the development of the property. The Developer is not providing the same usable area to us. I currently own and use 890 square feet carpet area. Our demand is to provide the same area as we were using, but he is not ready to provide us with the same. i am aware of the law that maximum we are entitled to 753 aquare feet carpet area. The negotiations with the Developer started in the year 2008. He has also started the Development work of the opposite building but i think that the work has stalled as there are tenants who are still residing in the building and have got a stay as per the rumours but the work is stalled. he is the same developer and a new person in the market.

My question is:

1)what area are we entitled to get.
2)there is a new ruling to be passed regarding area above 753 square feet will get a minimum of 890 square feet or thereabouts.
3)What will be the 70% figure? will it be the 24 original tenants or the new 36 tenants.
4)the Developer is alos not giving a bank guarantee.
5)can we form a society with the remaining number of tenants.