Anonymous
26 December 2010 at 23:24
sir, if my father write to all ancestral property name his second wife let me know can i claim it? am his legal wife (first wife)daughter.
vikas_soharu
26 December 2010 at 19:36
hello sir,
i need urgent suggestion regarding registration of our society.
i live in navi mumbai , which comes under jurisdiction of CIDCO.
i know that for registration of society NOC certificate from CIDCO is required. but at the same time we are also having some issue's with our builder.so he is not cooperating towards the welfare of the society.
when we approached the cidco office.
1. they asked us to pay 25,000 as cidco charge.which has been due for 3 years.(street light charges & etc)
2. & untill & unless we pay the due charges NOC will not be provided.
now my query is
1.> whether we (the residence of society) should pay the whole cidco charge + registration fee.????
2.> where as according to our agreement with builder .It is the responsibility of builder to make society & maintain it for 3 years. after then it is all upto the residence.
but now he is not cooperating. we have also
filed a petition against him. but its of NO use.
plzz guide us . what should we do now.
email me on vk_soharu@yahoo.com
deepak
26 December 2010 at 15:32
sir m deepak mehra s/o T.R Mehra s/o shivram.in 1977 plot was given to the people who had no residential land of there own so government provide plot to every member of family whose income was less than 20k per annum so my grand father my father & my uncle got 3 plot of 3 marla govt provide registry of these plot mentioning that people have to build within 1 year.& provide revenue passbook of land record.but we havnt get kabja on these plots yet.all of my family member was illiterate nieghbourer occupied these plot since then.some how they manage to literate me as m engineer in electronics .Today my father & my grandfather is no more plot automatically transfer to my mother so now I want these plot as these r only ancestroral property they had left we hav no house of our own .so we want to get back to our village. Plots are clear no house has been build yet . who occupy these plots not have ny papers jst they forcibly occupy these plot .when I went to sarpanch he reply tht I don’t interfere this matter u forget these plot. Now please tell me the different option according to law what I can do to get back my plots as early as possible.should I can go to police direct to get kabja back ………
Anonymous
26 December 2010 at 12:16
FACT in Nutshell
A joint family is having agricultural land in Rajasthan. Forefathers have purchased the said land and they have been doing cultivation on it. Now, some of members were shifted to Gujarat state and started residing and doing work relating to agriculture. After long staying [almost more than 25 years] they have purchased agricultural land in Gujarat. Their mutation entry was objected by Special Mamlatdar having collector powers. Special Mamlatdar had verified all records that they are having agricultural land in Rajasthan and staying here since long and doing activities relating to agricultural. Moreover, Special Mamlatdar had verified that their forefathers were also agriculturist. Special Mamlatdar had confirmed that they are agriculturist and certified their entry. Based on that they have purchased some other agricultural land and developed the same.
Now, after almost 18 years again Collector has challenged the said entry and issued notice under revision stating that you may not found agriculturist by birth in Gujarat State.
QUERY
Is collector notice valid, fair and reasonable? Is it not time bared? Is collector notice not unconstitutional and against human rights?
Please advice.
Anonymous
26 December 2010 at 10:59
X (X1 to X5) = Land owners.
Y = Building promoter
Z = Nationalised Bank
X & Y entered into a JV. 40 : 60 ratio.
POA given to Y by X for 60% share. Remaining 40% has to be divided among x1-x5 each 1/5.
Y entered construction agreement with X3 for giving 600 sq.ft flat in 2nd floor of the proposed apartments. X3 living in a different place.
Now Y sold the entire 2nd floor to his wife.
Wife borrowed from Z and defaulted.
Z had taken possession of the entire 2nd Floor under SARFAESI Act. Auction is scheduled next month. The bank had no knowledge about the X share in 2nd floor.
Now how X3 can recover the property (market value Rs. 50 L) from the bank:-
1. By DRT application
2. Civil court injunction to stay the
auction.
3. Writ to stay the auction.
4. Police complaint on builder u/s 420 IPC.
5. Any other legal action.
Adv FAMILY COURT Misra
26 December 2010 at 10:17
As last will prevails, hence get a will executed by mother in law.Although u have to go for litigation in the court.
Milind Phope
26 December 2010 at 09:15
Does Power of Attorney made on medical grounds for transfer of immovable property is essential to be attached by Doctors Certificate and two witnaesses ? is it must ? ?...and secondly, is this POA required to be registerd before the submmition of transfer deed for registration ?
SATISH KUMAR
26 December 2010 at 09:02
Sir,
I want to present my case on behalf of self and my younger brother in an Appeal suit for partition of separate property of my deceased father as respondents/defendants before the Delhi High Court ?
What are the prerequisites ? I am graduate in law and my younger brother is 11th pass.
Is it within the powers of the High Court Judge to refuse me the permission ? Wil it be legally valid ?under which provisions of law i can contest the 'refusal' in case the Judge refuses permission ?
We cannot afford the fee of a Lawyer.
Kindly ADVISE.
# I request you to also kindly mark me reply/advice cc on my e-mail id :skdhanwal@yahoo.com
regards,
I Remain,
Your's Sincerely,
Satish Kumar
9810544388
rajesh makol
26 December 2010 at 06:22
I had given an application to local Police Station to file an FIR against Sudha Sachdeva as follows:
I had purchased my DDA flat B-4/123C (top floor) on 30 June 2008. There was a tenant in the extended structure (at roof top). I was told (verbally only) that the tenant had taken court stay and hence I will not get the possession of the extended portion. In march 2009, the tenant sold the extended portion . On my interference, he told me that Mr. Charanjit Singh has sold the above portion to him and showed a photocopy in which Raj Rani (original allottee) had sold the flat 123C to Charanjit Singh. He further threatened me that my property papers are not genuine. By the time I got my property papers thoroughly checked, Mr. Avtar Singh took the possession of the extended portion. When asked he said he has taken the flat on rent from Mr. Mathur & was not willing to disclose the whereabouts of Mr. Mathur. Mr. Mathur never turned up or picked my phone. In June 2010, the tenant vacated the premises & I got electricity connection disconnected as it was in my ownership rights. On 29th June 2010 Sudha Sachdeva produced Agreement to Sell and Purchase for property 123-D before NDPL as ownership proof and got an electricity connection but was denied Water connection by Delhi Jal Board(as they have records of DDA flats in our area).
I have come to know that the Tenant was lying and there was no such valid rent agreement with any of the previous property owners. He showed me a manipulated photocopy of property papers. The tenant was in illegal possession of the extended structure. My RTI application with DDA confirmed that no flat
Page 2 of 2
123-D exists. RTI with Subregistrar confirms registration of Agreement to sale and purchase for 123-D irrespective of whether the property exists or not. NDPL is not removing the meter saying their formalities were duly completed and this is a case of criminal nature and is beyond their jurisdiction. NDPL court (CGRF) has provided me all the documents submitted by Sudha Sachdeva with NDPL and asked to file a criminal case against Sudha Sachdeva. At the moment, Sudha Sachdeva has illegal possession of my flat’s rooftop extended structure. I request you to file a FIR against Mrs. Sudha Sachdeva and take immediate action.
DOCUMENTS ATTATCHED:
1. Copy of property papers submitted by Sudha Sachdeva with NDPL.
2. Copy of NDPL Court(CGRF) order to file criminal complaint against Sudha SAchdeva.
3. Copy of reply by DDA stating no flat 123-D exists.
4. Coy of RTI reply by Subregistrar stating the Agreement to sell and purchase was registered irrespective of existence of property.
POLICE CALLED RANJAN BASU H/O SUDHA SACHDEVA AND PROPERTY DEALER J.S. RAWAT TO ENQUIRE ABOUT ALONG WITH DOCUMENTS. After four hours of enquiry they gave a statement to police that they had purchased the flat from RITA Kumari for a consideration of Rs. 11.50 lacs. Further they produced copies of Registered Agreement to Sell and Registered General Power of Attorney executed by RiTA Kumari in favour of Sudha Sachdeva for property 123-D and also copies of Registered Agreement to SEll and Purchase and Notary Attested GPA executed by Sushil Arora in favour of RITA Kumari. They were not able to produce any other documents regarding existence of property 123-D or any previous documents proving ownership of Sushil Arora. The Policeman asked them to amicably settle the matter else the consequences are not good. They requested for some time and were given two days time by the Investigating Officer.
After one day I received a call from the I.O that that Ranjan Basu, Sudha Sachdeva and J.S. Rawat has applied for anticipatory bail in Session Court. He called me and asked me to submit a copy of House tax department (which I recently got via RTI) that no property 123-D exists in their records.
He told me that they will reply to the court that the matter is civil and is being enquired and will submit my copies of DDA letter and MCD House TAx Department letter that no flat 123-D exists. No FIR has yet been registered in the case.
Please advise me what will be the consequences of Anticipatory Bail Application of the abovesaid culprits. Will the case be registered now. Is police under compulsion to file an FIR now. What will the magistrate do - simply reject the anticipatory bail application, grant it, or direct police to register a case? Do I need to file a civil case/criminal complaint separately with the court? Will I get back the possession of my property? The I.O. was telling me that the judge will mark the case for Section 56(3). What is Section 56(3)? What further steps shall I take? Please help. Its Urgent.
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purchase of agricultural land
sir,
we had agricultural land in gujarat,which was acquired by the govt.to
build the express highway in the year2000
since then we had no agricultural land.can we purchase the agricultural land in gujarat at present?