Anonymous
29 January 2011 at 13:49
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
29 January 2011 at 10:37
Dear sir
I retired recently after serving in the Department of Atomic Energy for over 35 years. My job kept me away from landed property in Andhra Pradesh,and the same was being managed by my younger brother. My younger brother sold his share of the property to a company,which has duped lot of people and is now under official liquidation.The promoter of the company is in illegal occupation of my land which is adjacent to that of my brother. All the records show that the Company has bought only my younger brother's share, and is illegally occupying my land also, and are not vacating the same.
What should I do to get back my land?
Knowing the way the courts work, and the enormous clout of the Occupier, I am unable to take the next step.
I understand that there are special provisions in the Atomic Energy Act and The Defence services Act to enable them to recover possession of properties illegally occupied/ withheld by land shorks etc.
Please enlighten me in the matter.
preet
28 January 2011 at 18:16
My father has made a WIll in 2008 and and expired in 2010. HE has a property and made a WILL. In Will, my father has distributed the property as per following shares:-
Son-70%
Daughter in law-10%
2 grand daughter-20%(10% each)
my father mentioned in will that if the property go to rent out then my brother gave me 10% share from consideration amount. But till my death.
Now property has been gone to rent out. But my brother is not agree to give me share of rent amount.
1) What can i do to take the rented amount from my brother?
2) I am not Interested into take the vrent amount through court or legal way. Can It possible??
preet
28 January 2011 at 18:06
My father had made a WILL in 2008 and has been expired in April 2010. His (My father)closest friend ask me that my father has made an another WILL in 2009 But my brother said that he has not any other WILL. Please tell me, haw can i search the WILL? Can i goto the Sub Registrar office? I have not any proof of WILL, Date and any other facts.
K. Santosh
28 January 2011 at 17:00
whether the undivided interest is on footprint of apartment or entire residential layout.
Anonymous
28 January 2011 at 16:08
Dear Expert,
RE: SOCIETY NOT TRANSFER -
We residential at Gram Panchayat area.
One Aparments in 44 Flats (1 & 2 BHK).
Builder one mistakes made by Some HouseOnwers without 100% balance clear possession given(out of 44).Their liability balance not cleared till date.
Builder already society registered but not transfer to last 2 years.He said Some owners their outstanding money not clear till date he's not transfer..
Quest.is- what Our mistakes already their 100% Payment made.
Please suggest in this matter ASAP.
Thank in Advance.
Suresh Kutty
28 January 2011 at 14:43
What happens to a will if the will is not is not probated by other two siblings? In our case the elder brother has taken the family business -shop and also a flat claiming that our dad has made a will with these clauses. This he wants us to probate now after 8 years of fathers death.
Anonymous
28 January 2011 at 14:28
hi i am living in a tenancy building in mumbai , the landlord cum developer wants to demolishthe existing structure and wants to rebuild a tower in its place and he wants us to give him the consent and agreement without showing us a proper certified plan from BMC and in return he is harrassing us and he now gave a legal notice to vacant the building.
so i want to know the rights of the tenants who r living in the building for last thirty five years and what will be the consequences if the landlord cum developer goes to the court.
please also guide me for the prodcedure of the court and waht can we demand from the developer in return of the exisitng carpet area etc
please guide me
Anonymous
28 January 2011 at 13:43
Dear Legal Expert,
My query is regarding a property of my grandfather
The property was originally purchased by Ragavan in 1922. Ragavan died intestate in 1940 leaving his wife Lakshmi.
Lakshmi filed a suit on the brothers of Ragavan for the possession of the property in 1941 and got judgement in her
favour. The couple did not have any child.
Ms. Lakshmi executed a duly registerd settlement deed in 1963 favouring my grandfather upon some conditions, as my
grandfather is the adopted son of the couple. She has also mentioned in the deed that my grandfather is the adopted
son. My grandfather has satisfied all the conditions and having sufficient proofs for the same. There is no case
over the property till now. The property was in my grandfather's possession from 1963. Ms. Lakshmi died in 1963
Recently my grandfather sold the property. Now the grandsons of brothers of Ragavan claim (knowing that the
property has been sold) that they are the owners of the property and threaten to file a suit. They challenge that
the settlement deed is not valid since my grandfather is not the adopted son of the couple. They also challenge
that Lakshmi has no legal rights to execute a settlement deed.
There is no adoption certificate. But my grandfather has some school documents which states that Ms. Lakshmi is the
guardian and he has number of proofs for staying along with the couple.
All the parties concerned are Hindu, Indian. Is it necessary for my grandfather to prove that he is the adoption
son for the settlement deed to be valid ? If so, how can he prove in the absence of certificate. Is the challenge
that Lakshmi did not have legal rights to execute the settlement deed, valid ?
Kindly help me clear my doubts.
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