Anonymous
16 August 2010 at 21:07
After registering the sale agreement of a plot with old house, one of the four share holders (widow with minor kids) now refuses to sell. The property is undevided. The other three are willing to sell. The unwilling person refuses for proposed partition (division). Can I register undevided share of the others and file case against her?. What best option I have?
Uday kumar Thevar
16 August 2010 at 17:40
we bought a flat from a BMC employee, she said after 25 years when the loan amount is finished, even non-bmc people can buy, but after 30 years of formation, and after the completion of loan, still the CHS is not allowed to any other member, whats the rule say ? and whats the remedy, we have been staying in the flat for last 16 years..paid the transfer fee..still membership pending..pls help on the same..uday kumar - uday.thevar@gmail.com
muthusamy
16 August 2010 at 17:02
URGENT
Repected experts
Two of may elder brothers filed a partition suit in two properties (by two I mean the properties for which there are two separate sale deeds) which was dismissed by the
lower court, stating some reasons. One reason being joining some other properties which are not the suit property (property to be divided)
My younger brother had given a statement in the lower court that a property which was bequeathed to him by our father {by way of will} was also included in the suit property.
And he added that there is no objection for him, if the property were divided as per law excluding this property bequeathed to him.
While my elder brother was questioned in the open court about this by my younger brother's learned lower, he replied that the property bequeathed to his brother is a separate one and the present suit properties (two in number) are separate. He added it is wrong to say that the two properties are one and the same.
Next day the same learned lawyer questioned my brother about the property bequeathed to his younger brother by our father. He said it is true that a property bearing the same house number by the municipality was bequeathed by our father and added that it is in the northern side of the suit property.
But the lower court relying on municipal numbers and with out bothering about the boundaries and confusing himself declared that the suit is not maintainable for having added unnecessary property in the suit property ignoring the fact that the property is a separate one and is not really added in the suit property.
IT IS ALSO MENTIONED IN THE JUDGE MET THAT THE ELDER BROTHER HAS HIMSELF ACCEPTED THAT THE PROPERTY BEARING DOOR NO 7 BEQUEATHED BY THE FATHER BY WAY OF WILL IS ALSO INCLUDED IN THE SUIT PROPERTY.
My elder brothers appealed in the high court and the case is pending there.
Soon the case will be listed in Madurai branch of Madras High Court.
In the ground of appeal, in reply to this reason it is stated that
"The lower court's findings regarding Door no 7 are wrong. The lower court has failed to refer to the sale deed where the property is described as comprising in Door no 6 and 7.
"The lower court has confused itself by merely relying on for nos. It has not taken into consideration recitals of boundaries.
"The lower court failed to note door nos are often changed by the municipal authorities.
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My present question is that whether the grounds of appeal regarding this are enough?
While my brother's statement is " the two priorities are separate and it is not true to say that the two are one and the same" the lower court has stated that the elder brother has accepted himself that door no 7 belongs to his brother and door no 7 is included in the suit property.
I feel that in the ground of appeal it should be put in black and whit that the lower court has not taken into account the statement my brother that the two properties are separate and it is not true if it is said that the two are one and the same"
I remain to here urgently the learned experts, opinion in this regard. Can he add the appeal stating this reason while already the ground of appeal had been submitted in the court? or the present statement in the ground of appeal is enough.
Thank you very muchin anticipation
Anonymous
16 August 2010 at 14:56
Hi,
I have received token money from the buyer now due date has been gone then also i have not receive the final amount.Problem is that buyer is backing out though i have the agreement with due date but i have not mention that if deal is cancelled i will not pay the token money back.The token money which i have receive with that i have foreclosed my loan.Now i m in mess what to do.Request you to pls advice me on this.
Anonymous
16 August 2010 at 12:46
I am dwelling in a house at village Makhajan(District-Ratnagiri)since our forefather and at that time my house was divided into four parts namely Gangaram, Ganpat, Nathuram and Pandurang. And we are not real brother. As Gangaram was the head of the family and the 7x12 extract of the house was on the name of Gangaram fathers so after his the assesment receipt of the house was coming on Gangaram name. And after his death the assesment receipt was coming on his wife name. In the year 2000 out of the our four one namely Ganpat has build his separate house on other land. So after that Gangaram wife, I and Nathuram have decided to build our house by dividing it into three equal parts. So after that we equally incurred Rs. 10,000 each for the same. Subject to that Gangarams Wife made an affidavit before the Tahsildar stating that since 2001 the assesment receipt should be issued in the name of Gangaram Wife, I and Nathuram instead of only Gangarams Wife. Since then till 2008 the rent receipt was being issued in all of three of us and we were paying the assesment. Now due to some disputes in our family Gangarams wife again made an Affidavit before the Tahsildar directing them to stop the arrangement pertains to issuing the assesment receipt in the name of three. She also stated in that Affidavit that the instead of three the Assesment receipt should be issued in the name of two namely Gangarams Wife and Nathuram. Subject to that our Gram Panchayat stop issuing Assesment receipt in our name. So as i am dwelling in the said house since our fore father so how can such a discrimination can be made against me. What are the quickest remedy available to me so that i will get back my title in the property. Urgent.
SHANMUGAM
16 August 2010 at 10:46
what is the meaning of probate the WILL and the purpose of it?
is there any restriction of location for probate the WILL?
shanmugam
Anonymous
15 August 2010 at 20:36
To whom it may concern,
I want to know a few things regarding property laws.
My mother has a land in her name in Kanpur. She wants to transfer to me or give me Power of Attorney so that I can sell it as she has arthritis and cannot move much.
I would like to know whether I can execute a sale deed with Power of Attorney and the payment will be on whose name, mine or hers. She is currently living in Jaipur, can she transfer property from Jaipur itself or this has to be done from Kanpur only. For selling property what would be better having a transfer or power of attorney in my name.
Waiting for your reply.
Anonymous
15 August 2010 at 18:06
I am a man of 31 years of age living with my family and my mother in a property which is in the name of my father who expired 10 years back without leaving any Will.
Now who is the legal owner of this property,me,my wife,my 11 years daughter or My mother or all of us?
And in what percentage?
Anonymous
15 August 2010 at 14:01
Hi..
I'm the owner of one property situated in Mumabi. I had gave rent that property to tenant, from last two years. Now i want to take back that property from my tenant. He not give me cheque, but the cheque was bounced. So what is the legal compliances. What is the remedy for me...
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Redevelopment of Co-op hsg soc (Mumbai)
Dear Sir/Madam
I live in a co-operative society in Mumbai which is on leased land and is 8 years old. The society was originally planned to retirees and pensioners.
My parents aged 72 and 66 worked very hard for 30 years & saved up enough to buy this house. Unfortunately, a majority of the original members sold off their homes and the new members have been talking about redevelopment (citing leaks and cracks) since the time they’ve come on board.
Of the 16 members and 4 shops, so far I’m the only one who’s objected to redevelopment. When suggested to look at repairs, all the members throw their hand up in the air and say they won’t pay for repairs.
I believe that they’re looking at redevelopment as a way of making money & pure greed without thinking about the overall implications of such a step.
Our building is in very good condition, only 8 years old. In these 8 years, the society has not spent a single rupee on maintaining the condition of the building..while we end up spending 16000 rupees on festival expenses.
We’ve agreed to get a structural engineer to inspect and audit the condition of the building, though they’ll finalise redevelopment in a months time.
Can the society go ahead with redevelopment by playing the majority vote.
If not what are my rights, and what can I do to protect my parents from the emotional trauma they’re currently undergoing.
Thankyou.
Kind regards