Anonymous
28 October 2010 at 13:02
My father was Govt. Servent. They build the house in the housing society of all Govt. employees. The land was provided by Govt on lease basis. Our H. Society was formed in 1965 & was active till 2006 now there is no balance sheet and audit from 2006. Can we disolve this society and make our bunglow individual ? what procedure to be followed.
RAULMSAHA
28 October 2010 at 11:36
I came across a newspaper public notice in which a party claims to be the owner of a property & holds shares for the same in his name. He also gives time period of 14 days for anyone to claim the title for the same.
I would like to know the importance of such public notices & relevant laws for the same. Also lets assume that a buyer unaware of the true owner purchases the property after the notice was given, what happens to the buyer if the true owner turns up some time in future. What are the protections available to him in this matter.
Anonymous
28 October 2010 at 07:18
A BROTHER WHOSE SIGNATURE HAS TO BE OBTAINED FOR SELLING A PROPERTY HAS BEEN ABSCONDING FOR A NUMBER OF YEARS, NOT, REPEAT NOT DEAD, WHEREABOUTS UNKNOWN. HAS MINOR CHILDREN. WHAT WOULD BE THE PROCEDURE? CAN HIS SIGNATURE BE DISPENSED WITH?
farrukh
28 October 2010 at 01:59
what are the provisions in the transfer of property act 1882 regarding enjoyment of free property , free disposition and transfer of property ?
Member (Account Deleted)
27 October 2010 at 23:25
Hi,
We have been fighting for an ancestral property for about 25 years now. We lost the case in lower court hence the we filed the case in the high
court.However, my opposition party has made a conditional sale of this unsettled property along with other litigators. I have the following questions in this
case:
1) A case that is pending with the High Court if sold per a conditional sale-deed to a third party be deemed as a Contempt Of Court and both the parties(our
opposition & third party) be liable for a criminal prosecution ?
2) The purchase has been done in the same of some benaami persons? Can these persons be legally prosecuted.
3)Can a Registrar of the Taluk Office be made sued for making a conditional sale deed of such property which is due for a verdict from the high court.
4)Can such property be brought to the prohibited list of the Taluk Office inorder to get the property secured against further benaami registrations
5)There is mention of the clause in their conditional sale deed that if our opposition party looses the case, then our opposition will not be liable to repay the sale-deed proceeds. Does this have any impact if we do not proceed criminally.
Rahul Jhunjhunwala
27 October 2010 at 22:16
A flat was purchased in thane city of mumbai somewhere in 1989 in the name of my elder sister in law. Even though this property was purchased in single name, there was no partition between me and my brother at that time and both of our family resided in the said property. However after 2-3 years, he shifted to jaipur. We are still residing in the said property which is in the name of my sister in law.Moreover I have obtained a registered power of attorney in my son's name from her,who can now have control and possession over the said property by virtue of POA. our society is asking for leave and licence agreement between me and my sister in law. However according to me I am not the tenant but the caretaker and controller of the property
1. So my query is can society charge us Non occupancy charges?
2. For What period can society charge Non occupancy Charge. Can society charge Non Occupancy Charge from the period since my brother and in law left the property( This is to inform that in past society has never claimed or asked us to pay any non occupancy charges.)
3. Can Society levy any penalty on such dues?
Kannan Kandasamy
27 October 2010 at 21:18
Dear Sir,
Our Grand Father had 3 sons & 1 daughter. He expired in 2006 leaving a Registered WILL in favor of his 3 sons only and given no share for his daughter. Most of the properties were self-earned by our Grand Father and a little property was ancestral. We are Hindus and were residing at Chennai from our birth and Grandpa’s property is in Tinneveli which is taken care by our younger Uncle who was staying with our Grandpa in our ancestral house & another uncle in Kerala.
Our Father expired in 2005, leaving our mother, my younger brother & myself alone.
We asked to do the Partition of our Grandpa's property from 2006 itself and they didn't do partition and keeps on postponing saying one or other silly reasons.
Meanwhile in 2008, our Aunt (Grand Father's daughter)had filed a suit in the Court asking for share in our Grandpa's property and the case is still in pending.
Latter in 2009 myself & my brother signed in a partition deed in a 20 Rupees Stamp paper [{my mother gave a Registered power of autonomy for me for our Grandpa's property}(me -> for Myself & for my mother)]and our 2 uncles also signed in the same. At that time itself i told that the property is not shared equally into 3 parts and we were given a little share only when compared to our 2 uncles. But our relatives said that the properties are shared equally and the properties which come under your share are of more value and the properties given for your 2 uncles are of less value and so only the total property for them seems to be high. Believing their words we signed in that 20 Rupees Stamp paper, which is not yet registered.
Now my question is whether that Unregistered Partition Deed is Valid or not?
Because latter I came to know that by Government value our share comes around
5 lack rupees, while our uncles share comes around 10 lack rupees each and so i didn't accept for registering that Partition Deed.
But using that Unregistered Deed one of our uncle had transferred his share(as per 20 Rupees Stamp Paper) to his 2 sons name & another uncle transferred his share (as per 20 Rupees Stamp Paper)to his wife's name.
What should I do to get Equal share?
Please advice me in this regard.
Any advice will be very much helpful to me & our family.
Also if any other detail is needed also please inform me & I'll send it immediately.
Thanking you
K.Kannan
+91-9489622056
Habib
27 October 2010 at 20:59
I need legal advice for transfer of my flat in co-op hsg scty in mumbai.
Sir I have been staying in khar - Mumbai for last 5 years. This flat is owned by my father. The nomination is mentioned in agreement in my name, as the CHS did not exist when he had purchased the flat. I lost my father last year.
When I approached my society commitee for transfer of shares in my name as sole owner based on nomination. They asked me to furnish relevant papers to society. I had furnished the following documents:
NOC cum AFFIDAVIT from my sisters
Indemnity bond
Death certificate of my father
ULC certificate stating I do not hold any other property in this area.
Original share certificate
Copy of the agreement
A meeting was conducted by society and I was told that there is no nomination and to get the Succession certificate. I questioned the committee whether they read documents that I had submitted and they said “No”. I told them to please read those documents and also get them verified from your lawyer if there is any question. The committee agreed to look at the documents and discuss with lawyer.
Around 20 days later, I again checked for the same issue with the committee. And found that they have not done anything about it.
Now my society has not looked at any of the documents submitted to them. They did not even accept the true copy of the documents. They are asking me to furnish "SUCCESSION CERTIFICATE" in addition to above documents. I need expert/legal opinion that "SUCCESSION CERTIFICATE" is required for transferring shares in my name when there is nomination in my name for the said flat & i have submitted the required documents within the 6 months from the death of my father.
Please advise me whether "SUCCESSION CERTIFICATE " is must when i am the nominee & i had submitted all above documents.
Rahul Jhunjhunwala
27 October 2010 at 20:30
A flat was purchased in thane city of mumbai somewhere in 1989 in the name of my elder sister in law. Even though this property was purchased in single name, there was no partition between me and my brother at that time and both of our family resided in the said property. However after 2-3 years, he shifted to jaipur. We are still residing in the said property which is in the name of my sister in law.Moreover I have obtained a registered power of attorney in my son's name from her,who can now have control and possession over the said property by virtue of POA. our society is asking for leave and licence agreement between me and my sister in law. However according to me I am not the tenant but the caretaker and controller of the property
1. So my query is can society charge us Non occupancy charges?
2. For What period can society charge Non occupancy Charge. Can society charge Non Occupancy Charge from the period since my brother and in law left the property( This is to inform that in past society has never claimed or asked us to pay any non occupancy charges.)
3. Can Society levy any penalty on such dues?
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Development
20 years ago the building in which we were living was demolished by the developer. We were living in the building on Deposit and tenancy right basis. The developer was expired many years ago and owner of the building was not traceable (Whether he is dead or alive, I don't know). I have copy of tri party agreement for development of the building. In such a case what is the remedy with me. What are my rights? If owner is not traceable than what I should do? Can I construct flat my own on the land. As per my knowledge only two tenants are left, myself & One shop owner. All other have taken money and wave their rights, share, interest. Pls advise. Owner has two daughters.