Sri Vijayan.A
24 November 2010 at 00:09
Mr.X is in possession of government land
He assigned/ transferred/ sold the same to Mr.Y
Later District Collector alloted the land to X
There is no consent by X, after this allotment.
X expired, his heirs are not ready to give consent/ ratification deed.
In this circumstance, can Y alienate the property
Anonymous
23 November 2010 at 22:11
I have seen the query of rent appeal by a person Rs2000 per month,to whom experts given answrs it took years to owner to make him to agree on suitable rent.Did our rent and property law is so poor that a owner cannot vacate his own house ?For that he has to fight which is his own permises? Why it is ?It is like for his own thing he is helpless....?Cannt we change the law of property how to stand?
viswanathan
23 November 2010 at 18:00
Respected Sirs,
I thank Advocates Thiru Ramachandran, Thiru Arunagiri, Thiru Subramaniam Sir and Shri Shashikumar Ji, Shri Khaleel Ahmed, Shri A.Vijayan for their replies to my query posted on Sunday the 21.11.2010. My landlord after collecting the rents in cash , refused to issue rent receipts and now filed R.C.O.P. on ground of willful default for the no receipt period of 19 months. I made a second time payment of 19 months rent of Rs.38,000 in the Court on the first hearing date itself. Now to again harass me he has filed another R.C.O.P. for fixation of fair rent. At present I am paying rent of Rs.2,000/- but he has claimed Rs.23,000/- as fair rent as per some calculations according to land value etc. I do not know what is going to happen. My landlord wants to throw me away from his premises by trying all means and I am trying to all ways and means to survive there continue my business there, since it is the only breadwinner for my family. Kindly post me any of your advices or suggestions. Thanks once again for respected Experts. Sorry for disturbing again and again.
Anonymous
23 November 2010 at 11:56
Dear sir/madam,
My grandmother (mother's mother) is still alive and has some house property and fixed deposits on her name. My uncle's( my mother's younger brother's) expired in 1997(expired after having three children two male children and one female child) and 1993(expired before getting married) respectively. The property right now my grandmother is enjoying is being registered on my grandfather's name and is not available on her name. Only the fixed deposits are on her name. My mother has three more female siblings younger to her. One of female sibling expired in 1991(before getting married)and the other two are married. Now when my grandmother want's to give a share of property to her alive children (i.e my mother and my two other alive aunty's) my uncle widow registered a court case claiming that since all the property is on my grandfather's name, that property will belong only to the children of male child i.e her children.To what extent is this justified. How will the property be divided? What about the fixed deposits on my grandmother's. Will my uncle children have any right on fixed deposits?How much share would my mother get? please help me to know this?
Anonymous
23 November 2010 at 08:07
We own a house in Chennai. The land was purchased by my mother in 1966 and the house was built in 1967. Ever since we are living in that house. My mother is no more now. We are in procession of all the documents like Sale deed, Patta, Municipal Corporation’s tax card/receipts, Electricity card/receipts, Encumbrance Certificate, Voters ID, etc.
In Aug. 2004 the son of the previous owner who executed the sale deed in favour of my mother, served a legal notice upon us claiming the property as his own and asked us to vacate. We have responded immediately through an advocate. His efforts to vacate us deploying rowdy elements were foiled by approaching the police.
Now the said person though a power of attorney is trying to execute a sale deed in favour of a third party. In May 2009 an Advance Agreement document was registered in the Sub-Registrar’s office to that effect. The property is described as vacant land in the said agreement
Please guide me how to prevent any further registration of sale deed by these people with the Sub-Registrar.
Thanks
RS Dudani
22 November 2010 at 20:05
In 1985, I had purchased a house from DDA at a cost of Rs. 1.5 lakhs. I sold the House in 2010 (September) for Rs. 31.00 Lakhs. My querry is :
(i) What will be the Capital Gain and how much Tax, I have to pay ?
(ii) When is the tax payable - immediately or with the IT Return in 2011 ?
(iii) If I invest the amount and purchase another house, do I still have to pay the Capital Gain Tax ?
Thanks for advice
RS Dudani
ALAPATI NAGARAJ
22 November 2010 at 19:31
sir,
my father has earned a property and the property is on his name.recently my father expired and i want to transfer the property name to my mother.what is the procedure and cost.we live in hyderabad and our property cost as per market value is 2 crores. i dont know the governament value of the property.
Anonymous
22 November 2010 at 15:14
Dear Experts
I want to buy a site , the history of that site is as follows
Total area of the site is 30X 90, wherin 30X 60 was allotted to grandfather of present owner in the year 1917, remaining 30X30 was not actually alloted to them but they are saying that it was also allotted to them in the year 1953, but no record was found in the muncipality.But in khatha extract issued by the muncipality for 1917 to 1950 the measurement was showing 30 X60, from 1953 to till date the khatha extract shows that it is 30X90. we dont know how the measurement was changed from 1953, but in muncipality records it is 30 X 90. They are paying regular muncipal tax for 30 X 90 measurement but no record is available with them.
Now they want to sell the site measuring 30X 40 and keeping with them 30X50, If I pourchase the same my question is
01.Will I get the title
02.What can be done to safe myself
03.Is this is advisable to buy the same.
04.I want to buy the same because khatha extract was showing the measurement of 30X90(Idont know whether this was altered in the munciple records or not)
What can be done
Sri Vijayan.A
22 November 2010 at 13:29
Mr.X executed a sale deed in favour of Mr.Y in the year 1978 and unregistered.
Mr.X expired in the year 1983.
No doubt the unregd sale deed has no validity. But upto 2005, Mr.Y is in uninterrupted possession and enjoyment (more than 12 years)of the land.
Now, the heirs of Mr.X claims the property and filed the suit.
How to counter it?
Thank you in advance
A.Sri Vijayan
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Bonafied case for commercial property
Dear sir,
i would like to confirm we have commercial property from last 35 years we have no other means of livelihood my father is 52y mother is housewife and brother is also depend on shop.our we always pay rent at time.we do have deed with two witness that deed was between my grandfather and landlord father according to that his father is giving that property on lease for 99 years and he took 5 lacs for this 35 years back .and it is clearly mention it can not be terminated in any circumstances .now our landlord put bonafied case on us to vacant the property for his own need .he was working with govt mini tool in jharkand now he is retired .please suggest way so that we can save our livelihood as father is old and my brother also depend on this shop..please reply soon vaishli