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praveen   02 December 2010 at 01:57

help needed

i was a minor when my father expired. I am the only legal heir for my father. my aunt(father’s sister) has my father’s settlement document for a land in Chennai .she also has its patta which is on my name. now she refuses that she doesnot have any of it. a building has been built on this land through joint venture by a promoter when I was a minor.he retained 55% of U.D.S and has sold his portion of building. The promoter has given me a deed of agreement for 45% U.D.S comprising of 2flats as my share.

Now I have planned to sell those 2 flats but I have only the following:-
1) Xerox copy of my fathers original settlement document . Now i have a true copy xerox of my fathers settlement document issued by saidapet sub-registrar with the seal of S.R.O on the last page.
2)Xerox copy of patta(manual hand written) on my name. Now I have attested real duplicate computer patta on my name sealed.
3)original builders agreement on my name
4)clear E.C record for 12 yrs on my name
5)original legal heir certificate of my father
6)Xerox copy of approved building plan.

I begged my aunt to give me my father’s settlement document and my patta but she is adamant and doesn’t have the heart to give it back to me.
My fears are :-
1)if I file a F.I.R then the buyer may bargain the price or think of avoiding complications.
2) The interested buyers lawyer say that the true copy xerox that i have cannot substitute the original settlement document as the original can be misused by the person who has it.As a result he doesn’t want his client to take the risk.

I desperately need money urgently . what is the best way to sell the 2 flats?
pls guide me the best way step by step.

nataraj   02 December 2010 at 00:56

Property Succession

Sir,

1. My great grand mother purchased [self aquired] PROPERTY in her name in bangalore city and GOT transferred to my grandfather's name after her death as per HINDU SUCCESSION [Intestate].

2. Now MY grand father also died in 1970 without making any WILL [intestate].

3. It got transferred My grand mother [intestate] she also died last year.

4. Grand father had 3 sons & 4 daughters, and all alive still.

5. 2nd son that is my father is also alive still.

6. I'am Natarajk [33yrs age] grandson living in my grandfathers property [i.e. above described property] at present, but no other son or daughter or grandson or granddaughter are staying with me.

7. Now im also married, i want to know what rights i have in my grandfathers property, and can i ask my share in the grandfather's property which came to him by my great grand mother. [still my father and there brother & sisters not divided above mentioned property].

8. Please help me out in this regard clearly.

Anonymous   01 December 2010 at 22:14

Sale deed containing part payment clause -sale of Plot

Can we straight away enter into sale agreement, get it stamped for appropriate value for the sale consideration, get it signed by Purchaser and seller but pay 50%
as part payment and stipulate that at the time of registration within 20 days balance will be paid, failing which the balance amount will be remitted to court and steps will be taken to get the property registered
in the name of the purchaser. Can such a sale deed is legally correct/valid as the present case involves paying 50% amount.
Reason for doing this: seller wants urgently money and purchaser requires time. Seller wants firm commitment hence insisting for 50% payment and is not ready to agree for signing AGREEMENT FOR SALE .
WHAT IS THE DIFFERENCE between Agreement for sale and sale deed. Some one says Sale deed means irrevocable sale transaction whereas agreement of sale can be revoked.

Anonymous   01 December 2010 at 20:12

Property

Sir,
My mother had self acquired 2400 sqft of site with built house. one year back she made gift deed for 1600 sqft to me . now she is suffering from cancer, she wants to give the rest of property to me. She cannot go to register office. can she make a WILL even in this medical condition. will it stand if my sisters challenge it.

Pl answer my doubt.

R.V.RAO   01 December 2010 at 18:28

succession to property on death of a joint owner

DEAR SIR,
AM THANK FUL TO THE FRATERNITY OF OUR FORUM LAWYERS FOR SHARING THEIR KNOWLEDGE AND EXP. WITH THEIR LESS FORTUNATE BROTHERS AND SISTERS.
PL. CLARIFY MY DOUBT.
THERE ARE TWO JOINT OWNERS FOR A FLAT.(AN UNMARRIED WOMAN OF 70 YEARS AND A FAMILY FRIEND OF HERS .THE WOMAN HAS TWO SISTERS AND A BROTHER WHO WERE NOT WITH HER NOR HELPED HER IN HER OLD AGE AND ILL HEALTH BUT THE FAMILY FRIEND DID.THE WOMAN DIED RECENTLY DUE TO HEALTH PROBLEMS.
IN THE OLDEN DAYS ABOUT 20 YEARS BACK IN ANDHRA PRADESH, ONLY THE UNDIVIDED COMMON PORTION OF LAND WAS USED TO BE REGISTERED IN THE NAME OF BUYERS AND A SEPARATE AGREEMENT FOR CONSTRUCTION OF FLAT WAS ENTRED BETWEEN THE BUYER AND DEVELOPER WHO BUILDS THE FLATS.
NOW THE WOMAN DIED WITHOUT ANY WILL . HER NAME IWAS ENETRED AS FIRST BUYER AND HER FAMILY FRIEND'S ANME AS SECOND IN THE INDIVIDED LAND REGISTERED DEED.
NOW PL. ADVISE
IF THE JOINT OWNER CAN LEGALLY BE THE OWNER OF THE FLAT AND CAN MUTATE THE PROPERTY IN HIS NAME BY PRODUCING A DEATH CERTIFICATE OF THE DECEASED OR
THE SISTERS AND BRIOTHER OF THE DECEASED CAN CLAIM ANY SHARE
THANKS AND RGRDS,
raovr2001@yahoo.com

Anonymous   01 December 2010 at 11:05

Sale of agricultural land

In Gujarat, there is bar to sell agricultural land to out of state citizens.

Please advice.

ashrafoflucknow   01 December 2010 at 10:50

Succession Certificate

Is there a file number etc to track an application for succession certificate? Please let me know as I had applied 8 months back through a lawer but every time I ask for the status he just tells me a next hearing date...how can I check the status myself...PLEASE HELP..thank you.

Anonymous   01 December 2010 at 01:44

daughter right in father property

my grand father has 3 son and two daughter.
my grand parents was no more.my father's one sister was died and her husband claim his share in my grand father's house , in which presently my father and my 2 uncle are living with their families. my father's sister's husband forced my father and my uncle to sell the house and give him his share though my aunt was no more. My grand father has no will.we are not denied to give him share............but at this time we don't want to sell the house because we have only one house.........can we get any remedy against this? we not have enough money to give him as per his share.

fulltrottlle   30 November 2010 at 23:27

co op hsg society

hello ! i am a secretary at a recently formed society.prior to this formation,bldg was managed by us as a adhoc committee.there are some members who have leased out flats to companies who use this for their employees.this results in flat getting converted to guest house !also these residents use the compound to park their cars.
pls advise as how this can be regularised.
at the first AGM,it was decided that there shall be no floating population in lease flats too...
Prashant Shah

Anonymous   30 November 2010 at 21:15

Succession

I have a house in the name of my mother. my father and mother both have since died. i want to sell this property.my parents have thee issues my two elder sisters and me. one of my elder has also died. who will sign the sale deed?