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Anonymous   07 October 2010 at 11:09

Right on property

We are in a house which was our ancestrol property. My grand father had 2 daughters & 2 sons.
My grand father expired in 80, as per his will "This property has been given to 2 sons only as for his 2 daughters were already given good settlements during their marriage".

During the year 1984-85, my Father' elder brother gave his part of right in the House property in writing to my father in the presence of my grand mother.
As per the registered document dt.1986 in words of my father' brother - " Based on the unregistered will of my father, i & my brother has equal share in the property, as I settled in other place and in good position its not possible for us to live together moreover my brother is unemployed and residing in this place, therefore i hereby give my rights in the property in my brothers favour upon receiving rs.3000. futher i declare that i will not claim any right in future and also my heirs have no rights in this property. This is made with clear consiousness and not under any complusion. Value of the property rs.26000 and my share is rs.13000."

We are living in the house since 1981, we also made some modifications, additions to the house during the recent times.
Now My father' Brohter and His son is claiming rights in the property and asking us to pay a part of the value of the house.
Pls give me a clear picture as to whether he or his son can claim any right or money.
Can we sell the property or transfer to my name. Pls help in this regard.
Thanking you very much.

MANISH SRIVASTAVA   07 October 2010 at 01:17

File complaint against Builder for poor quality construction

Hi,

I have purchased a flat 4 years back from Builder. The flat has been having seepage issues from the walls , not just for me but for other occupants and owners in the apartment. Can I now file a complaint against the builder in the consumer court after 4 years ?

Anonymous   06 October 2010 at 22:19

PG accommodation in a house/apartment/society flat

I have a flat in a society in Gurgaon.

* Can I keep 2-3 tenants per room in my house/apartment/society flat (if no objection from society)?

* Is police verification process straight forward in this case?

Anonymous   06 October 2010 at 18:46

inheritance

If in laws and husband dies then will the wife inherit whole property belonged to in laws and husband in absence of any written will ?

Anonymous   06 October 2010 at 15:47

Information

Sir,
My father is having a book store in Mumbai which is rented, since the year Jan 1977. TIll today we are paying rent every month. Now suddenly the owner of the building has decided to sell the property to some party without informing the tenants of the building. It is a 3 storyed building with some 6 shops on the ground floor. The building is in a very bad condition so we requested her to renovate the building but instead of renovating now she has planned to sell it to other party. Now sir, i would like to know can the owner of the building sell the property to other party without asking the tenants. If she can sell it to other party, then the new party will they tell us to vacate the place. Kindly advise me.
Regards

Anonymous   06 October 2010 at 15:46

Information

Sir,
My father is having a book store in Mumbai which is rented, since the year Jan 1977. TIll today we are paying rent every month. Now suddenly the owner of the building has decided to sell the property to some party without informing the tenants of the building. It is a 3 storyed building with some 6 shops on the ground floor. The building is in a very bad condition so we requested her to renovate the building but instead of renovating now she has planned to sell it to other party. Now sir, i would like to know can the owner of the building sell the property to other party without asking the tenants. If she can sell it to other party, then the new party will they tell us to vacate the place. Kindly advise me.
Regards
Veena Rao

Dharmendra Joshi   06 October 2010 at 12:39

Delay in possession of flat

Hi!

Three and half years back I booked a flat in a residential project at Ghaziabad.I had made 95% payment to the builder within 45 days from booking. 80% of which was borrowed from a bank under down payment scheme.As per builder-buyer agreement the possesion date of my flat was April,2009.The builder had diverted the fund to other projects/land bank, now per builder due to liquidity crunch the the project is delayed. Still only 45% work has been completed.

We have formed a group of 250 allotees out of 700 to fight aginst the builder.

Kindly help advise on below points:
What options we have to pressurise to the builder to expedite the construction process?
How much risk is involved with investment in such project? what worst we can encounter and how can I prevent them to happen?
May we get relaxation in term of EMI/interest rate from the banks.

Awaiting to your reply.

Thanks & Best Regards

nishad   05 October 2010 at 22:55

Mortgage Suit

I have case to discuss with our honb'le members..

A loan on the strength of the EM turned into NPA.A civil suit was filed as the cliam amount was less than 10 lacs.In the plaint,the advocate omitted mentioning the scheduled secured property and also omitted to mention as regarding the EM of the secured property in the account.When the decree came out it was in the nature of money decree and not as Mortgage decree.

Now what are our options to enforce the mortgage?

One option is to attach the said property at the stage of Execution ,but if the property is already sold before,then we are at loss.

Is it possible to file a fresh Mortgage suit for the same account? or please advise appropriate proceedings

Anonymous   05 October 2010 at 18:04

leasing land

Hello
I have given my land on lease for 30 years to a charitable trust( for running a school). I want to know wheather a Trust/school can claim ownership right on land on ground of public interset after 30 years. Can i get my land after 30 years if i want. Can i get the building and land after expiry of lease. please help.

Anonymous   05 October 2010 at 12:02

cancell of POA

we [three of us]gave power of attorney to a person in 2005.as we find him to be a cheat two of us cancelled the POA. third person could not join as he was abroad. After cancelling the POA, agent has sold the land three years ago mentioning payment by DDs dated before cancelling of POA and also influenced to get the patta changed in his name. what is our option now and what is our chances in winning the civil suit. Kindly advise.


Expert : R.Ramachandran

Posted On
04 October 2010
Dear Anonymous,
How can one get the DDs dated before cancelling the POA? Suppose you cancel the POA today and inform your Agent, at best he can get the DD made in today' date and say that it was got prepared prior to intimation of the POA Cancellation. But can he get the DD prepared in yesterday's date (however influential he may be)?
Assuming that he got the DD payment earlier, did or did he not give the money to you, you being the original owners of the asset. Your points are not clear.



Dear sir,
The POA was given in Oct 2005 and cancelled in Apr.2006. The agent registered the property in Jul 2007 quoting that he has received the sale proceeds by way of DD which were dated Nov.2005. Obviously the agent and the present buyer are friends.The sale proceeds was not given to us nor we have given any receipt. Being a 'dhadha' in that area he has obtained the patta in the present purchaser's name and also has pocession of the property. The agent knows about the cancellation of POA and also taken a xerox copy of cancellation document of POA,on the date of cancellation itself and was negotiating to settle the issue so far. As we did not have the strength to fight with him we did not take any drastic steps so far. NOw when we consult a lawyer he tells about the requirement of sending the cancellation by post as a drawback. Is there any remedy to fight the issue legally. I request the advice of learned panel, and suggest a solution.
With respectful Regards
Giridharan