Anonymous
12 January 2011 at 13:42
Hi,
A house with a tenant has been sold to a third party for the second time.
The tenant is paying the rents by challans in the bank, in favour of the rent controller. In this case, is it not neccessary for the seller of this tenanted property to intimate the rent controller and the tenant about the intention to sell?
No legal notice was ever sent to either of the parties.
This is a 50 year old tenancy.
Thanking you in advance.
Anonymous
12 January 2011 at 11:45
i have a flat admeasuring 522 sqft built up + 320 sq ft open terrace. mine is apartment and builder has consumed entire fsi. Building is 12 years old. I want to construct a room in open terrace area. Can i get additional fsi against purchace of TDR in Nashik. Do i have to pay anything to the builder as in apartment deed it is mentioned that he has right over additional fsi What is prevailing rate of tdr in nashik
Anonymous
12 January 2011 at 09:53
Due to collusion of corrupt BMC officers of K-East Ward we were compelled to file a Contempt Petition in 209 in High Court when it failed to comply with High Court Order of 2008 in our Petition of 2008.
To our utter shock the matter is being delayed inspite of BMC having accepted the contempt. We suddenly find that the advocate appointed for the matter is not taking any action in the matter and appers to b hand in glove with BMC.
Pl. advise how to move ahead in the matter.
Anonymous
12 January 2011 at 09:47
We were employed with a business group and were given quaters in their buildings owned by the Public Charitable Trust and have been ocupying the alloted flats till now. The trust has sold the buildings to builders and we are being pressursed to vacat the premises for which monthly rent was deducted by the employer from our salary. We however were not given any receipt for the same.
Pl. advice if we can claim to be deemed tenants under Rent Control Act and if so procedure for the same. We are senior citizens and need your help.
Anonymous
12 January 2011 at 03:40
My Grandfather owned a corner plot and constructed two houses leaving space on all sides. The back portion was bequeath to my father and the front portion to my father’s elder sister. In his registered will, my grandfather did not mention anything about the two drive ways on either side of the two houses, the back portion (behind the back house)or the front lawn.
There was a clause in his will that “any other property or monies owned by me whatsoever and wheresoever, movable or immovable otherwise not disposed of by this will, belongs to my son ABCD”. (i.e. to my father).
Now we are not sure what this means. Does it mean that the driveways, lawn and back area which are not otherwise mentioned in the will belong to my father? Or does it belong to both my father and his sister (considering the fact that she will need access to her house which is in front).
There is another problem. After my grandfather’s death the whole property belonged to my grandmother who had no rights to dispose of. It has been more than 15 years since her demise and the property has not been mutated. My father’s sister has been renting out her portion ever since. Also, she has (a)constructed a wall (which is not authorised) on one drive way and put her water tank and a fountain so as to prevent us from building a gate and (b) locked one of our doors from outside, which leads to the second drive way. We have to park our car in the back portion which fortunately has a gate as it is a corner plot but then we have no front access.
The problem is, she is in no mood to mutate the property and continues to enjoy the rent . I want to know if there is a way to stop her from putting her portion on rent as the area outside the house could either belong to my father or be in joint ownership. And even if it is in joint ownership, is she allowed to” sub-let” it along with her house without taking permission from us. We have tried to bring her to negotiate amicably, but to no accord.
Kindly suggest what can be done to compel her to come to the negotiating table.Thank you.
Anonymous
11 January 2011 at 23:52
Respected Gentlemen,
I am a 22 year old women from Andhra Pradesh. My grand mother gave me a house by registered gift deed in 2004 when I was 16 years and 4 days(minor). In the Gift deed she mentioned that after her death the property goes to my mother, after my mother's dealth the property will come to me with full powers. But my mother has only right to enjoy the property in her life time.
And in Aug 2006, again she cancelled the deed with the help of my mother by threatening my mother that if she does't accept to cancel, she will not give it to her also. Hence, my mother and my grand mother has cancelled the gift deed in Aug 2006 when I was 18 years and 1 month old without informing me.
After cancelling the deed again she wrote a will(vilunama) saying that after her death the property goes to my mother. My mother will only enjoy the property in her life time. After my mother's dealth the property goes to my mother's sister i.e the second daughter of my grand mother.
Is this cancellation can be challenged in court now? My mother also supports me now. My grand mother is still alive now. Can I challenge the case now, or after the death of my grand mother?
Please give me your opinion for this case.
Anonymous
11 January 2011 at 23:05
We were tenants of a Public Charitable Trust owned by a business house for over 25 yrs and in 2006 the trust has sold the buildings to two builders at a lesser price on paper then offered by the tenants for converting their respective premises in to ownership and they are now harassing and threatening us to vacate the buildings. The buildings were constructed in 1960 and are in dalipdated conditions as trust never maintained them. All our efforts to repair the buildings have been waste as BMC due to collusion with builders is not granting the permission for repairs and contempt petion filed by us against BMC is also being delayed and pending since 2009.
The builders have now approached us due to pending contempt petition against BMC for redevelopment of buildings but are not willing to convert our premises in to ownership in the new building/s. We see great risk in the proposal as we paid Pagdi (Goodwill) in cash and in earlier years the trend was of tenancy.
Therefore pl. advice and answer following queries:
1)How we can secure our selves ?
2) How we can get the premises converted in to ownership ?
3) Can we ask for goodwill at market rate for surrendering tenancy rights as we don't trust the builders ?
Anonymous
11 January 2011 at 21:35
X acquired a self-purchased property from his father, but at that time X was minor and having no other siblings. Another person was appointed as guardian for him. Before the minor could attain his legal majority, the guardian died. At the time of death X was 20 years old. He went to college and fell in love with other girl who was 18 years of age. They married each other and the marriage was consummated. Now before X could turn 21 he died and survived by widow.
Now what is the status of the widow. Is she entitled to receive the property or Government is entitled to receive the same by principle of escheat? Also what will be the status of the would be children of the deceased X to claim the property as in the eyes of the law marriage is in contravention of the Act?
Anonymous
11 January 2011 at 21:31
How to get succession certificate for my wife?Explain with full details
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House on parti land
My ancestral house is built up on a parti land in village, which is 40 years old. My cousin, having full knowledge of this fact, has purchased the said parti land from a person fraudulently (since parti land belongs to none).
He has started keeping his pet animals in front of my house (which is still in our possession), but we are facing difficulty in going into and out of our house.
Can we lodge complaint with police for criminal trespass and wrongful restraint?
Thanks in advance for the expert advice.