preet
30 January 2011 at 20:30
Is the property transfer on the behalf of the affidavit from married daughter to her father?
On the basis of affidavit, is the property transfer to my father without my presence in the estate office?
preet
30 January 2011 at 20:21
My mother has been expired in 1996. She was the owner of a residential house (self acquired). But she did not make any will.
We are the three legal heirs of my mother property, i.e. my father, my brother and I.
On 13.10.2008 we want to transfer the property on personals names. We went to Estate office and gave a letter for transfer. The property was transferred on 12.01.09.
In the meantime on 19.11.2008. My father make a will and give his (My father) Share to his son (My brother) without my Knowledge. And In that will my father transfer his share to my brother.
In May 2009 I and my brother sign an affidavit to my father because my father wants to take a loan from bank. But the loan was not sanctioned due to some circumstances.
Suddenly, In April 2010. My father has been expired. Now, my brother said to me, he is the owner of the full house because I am signed an affidavit. But I said to my brother, I am the half share holder of the house because my father is the owner of the house and will was made in Nov:-2008
Important Point:-
My mother Expired: - Oct 1996
Application Transfer Letter: - 13.10.2008
Will Date:-19.11.2008
Received Transfer Letter:-12.01.2009
Affidavit Sign:-may 2009
My father Expired:-April 2010.
According to official records, my father, my brother and I am the share holder of the property as per follows:-
My father:-33.33%
My brother:-33.33%
I am: - 33.34%
Q Please responds me, now I have obtained how much share from the property?
Q On the basis of the affidavit signed at home in may 2009. Is property transfer to my father?
Anonymous
30 January 2011 at 20:08
My friend has a peculiar but grave problem. He had booked a flat in the year 2003 with a politically connected Promoter at Kolkata by paying Rs.1.5 Lakhs. The cost of the flat was Rs.10 lakhs. He had further taken loan of Rs.7.5 Lakhs from the Bank who paid the amount directly to the promoter. Bank did not keep any collateral security nor mortgaged the flat. After some time my friend needed money badly for treatment of his family & told the Promoter that he does not want the flat & want his money back. Then the promoter paid Rs.2.5 lakhs to the Bank against the loan account & Rs.1.5 lakhs to my friend. Then in presence of the Bank Manager, one written document on Rs.50/- stamp paper was made where in it was written by my friend that he is handing over the right of the flat subject to the Promoters paying the balance loaned amount of Rs.5 lakhs to the Bank against his loan. After that the Promoter sold & Registered the sale deed to another person at a much higher rate but did not clear the loan amount to the Bank lying in my friends name. The loan has now become Rs.7.5 lakhs with interest. It has now become NPA. Bank is threatening my friend that they will file FIR or take action. The promoter is still going on giving assurances but stated that if my friend goes to Police or Court then forget the money. My question to the learned experts is :
(1) Since the handing over the right of the flat by my friend was conditional i.e. subject to paying the loaned amount to the Bank, can the promoter sale the flat to any third party with out fulfilling the condition?
(2) If he can not sale then is not the sale invalid & void at Law?
(3) Has not the promoter committed fraud by selling the flat which he can not do?
(4) Some one advised to make FIR immediately. Should we do that? If yes then what sections will be applicable for this case?
(5) What should we do now? If suit to be filed what are the offences we should mention & what are the sections for those offences?
My friend has believed that politician cum promoter & has now become helpless. He is now ruined. Our learned Experts may kindly help by giving elaborate guidance. Thanks sirs.
Anonymous
30 January 2011 at 19:54
Dear Sir,
My father bought a plot through sale agreement registration so that he can pay less stamp duty when compared to sale deed registration in the year 1987. On the sale agreement it was written that out of the total payable amount of 10000/-, 9000/- received by seller from buyer(father), due amount of 1000/- to be paid in one month and seller to execute a registered sale deed in my father's or whoever's favour my father requests after receiving that 1000/- due amount. After one month in the same registered sale agreement paper seller has given receipt of that due amount of 1000/- and wrote he has given full rights to my father and that he will execute sale register deed at any time in future to whooever the buyer(father) requests.
Now my father willed away that plot to me and he died long back. Now can I directly execute a sale deed while selling that plot. The plot is totally free from any problems or litigations.
Anonymous
30 January 2011 at 19:53
father has a property in his name inherited from his father. He is not keen to write a will. He has two sons and one grandson from elder son only.
Pls advise who gets the claim for hos property after father's demise
Anonymous
30 January 2011 at 19:40
I inherited an acre of land as my share as per my late mother’s will. In the will the extend of my share is described by the area in cents and the four boundaries (property owners, road etc) surrounding my piece of land. My question is, if I want to sell it to two people in 2 pieces, how do I describe the extent of each piece in the sale deed? Do I have to do a survey of the land etc? Thanks.
Anonymous
30 January 2011 at 18:06
I want to buy farmland in Baghpat from Mahavir Hanuman Group.Plz tell me precautions before buying and what legal formalities are required? What doc. should i see?
Anonymous
30 January 2011 at 13:20
the land at shirdi was put in to reservation in year 1993 in behalf of sai sansthan by govt for town planning ad purpose.
last 4 no notice was issued in the year 2002 and till the date no other action has been taken, the land is reserved for public purpose. can u help
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first & second holder in a flat
FACTS
1) I hold a flat in mumbai since last 30 years. The share certificate of the flat shows holders as - Kunj bihari AND brij bihari (myself). both holders have paid in equal towards the flat purchase.
2) the current status is that I (brij bihari) alone reside in the flat with my family and i am in its complete possession. where as kunj bihari has been living elsewhere since last 15 years.
3) Each of us pay 50% of the maintenance bills to the society. but i alone pay the electricity bills.
Questions:
1) the share certificate states kunj bihari AND brij bihari (myself). i am not specifically stated as the second holder. it is obvious that two peoples name cannot be written as first and hence one name would preceed the other -- is it fair on my society's part to even state that i am the second holder?? the society has been saying i am the second holder on the flat and that they recognise only the first holder (i.e. kunj bihari). if i am the second holder, please could you tell me my rights and the first holders rights.(which act or book should i read to understand my rights clearly)
2) do i have nomination rights for my 50% of the flat holding?
3) Can kunj bihari at all make a nomination of 100% of the flat in favour of his son, eventhough he has contributed and owner of only half the flat.
3) i am given to understand that it is mandatory (by law) for kunj bihari to mark me as a nominee on the flat? is this correct?
4)can i (brij bihari) stand for society elections and have voting rights? can i attend society agm?