Patanjali Narayan Dixit
28 July 2010 at 02:25
The person RAM was the legal owner of a plot of land having the documents registered in his name. After his death this son BALRAM has inherited the aforesaid property.
Balram has 3 sons - MOHAN, SOHAN and ROHAN. Now Balram has devided the property among his three sons but the partition has been done orally and not by executing any instrument in his sons' favour. BALRAM is still alive.
The issue is that MOHAN has sold some part of the land (which was given to him by his father orally) to MAHESH and his father has signed as a witness in the sale deed.
Further, SOHAN is also trying to sell some part of the land (which has fallen in his part) to RAMESH in the same way as Mohan did.
Now I have following questions:
1). Whether the oral pertition amounts to acquisition of title of ownership by the sons of BALRAM without any documents registered in their name regarding the title of ownership after partition of the property?
2). Is the mehtod by which MOHAN has sold his part of the land (by making his father as witness to the contract) to MAHESH is legally valid?
3). If the answer to question 2 is "No" then please suggest the actions RAMESH may ask SOHAN to perform before he transfers the property to RAMESH so that the transfer to RAMESH is legally valid without any potential legal obstacles which may arise if the transfer is done in the way as MOHAN did.
Wating for for valuable inputs/solutions/suggestions.
Thanks and Regards,
Patanjali
sagar Rao
27 July 2010 at 12:02
1.We are three brothers and we are going to do the partition deed for sharing of my father property, so pls inform wheather we can approch one lawyer/Advocate or we can do individually according to our wish by consulting different lwayers and take all brothers signiture on it.
2.If any brother is not going to sigh on partition deed, due to not satisfaction what he is getting in the sharing of property, his any problem to remaing two brothers, and if two brothers sign and anonther is not sign is the deed is going to vaild in the court of law.
Prashant Ramdurgkar
27 July 2010 at 11:41
We have booked & Registered a flat on 4th floor in june 2006 and later came to know that the building plan for that floor was not yet approved by the Corporation authorities. However, after paying 10% of the total cost of the flat, the builder was relectant to give us the original copy of registered agreement which he collected from registration office. We latter came to know that he has sold the flat to a dummy buyer executing unregistered agreement at double the cost only paying stamp duty under amnesty scheme. On confrontation the builder producted fake demand letters stating that we failed to comply to his payment demands and hence cancelled our agreement unilaterally within 3 month of our registering the flat. His alleged demand letters indicated 70% of work being completed. However he had got commencement certificate from the corporation authority in Nov.2007 and plinth checking was done in August 2006. Thought we have registered a case with consumer forum, kindly advice on the case.
---Prashant
G.Sankar
27 July 2010 at 11:38
Dear sir
I have own indepandent house 700SQF, approved ground and first floor also ground. my ground floor value at the time of bying 5 Lks present value neyar 30Lks last year i made first floor i spend 6Lks. my problem mother document at bank in this condition i sell my first floor because i need money my father and mother totally beding my son waiting for money to joint colage my company not to pay salary right time i dont have money totally i am struguling day to day activity please give me solution how to sel my first floor
Anonymous
27 July 2010 at 10:33
My father is a partner in a firm which is running on a property which is in the name of the firm.The other partner is retiring from the firm and is being provided his dues along with a part of the partnership property .What is the procedure for this and what documents need to be prepared in concern of the property being provided to him.
The firm will continue to run on the remaining property along with the introduction of a new partner.
vikash
27 July 2010 at 09:46
We booked a flat with a builder. The builder showed a plan for construction of 8 floor building. subsequently the builder changed the plan with any intimation and started construction of 11 floor building. This has caused delay in completion of construction.
what remedy is available to us.
Anonymous
27 July 2010 at 08:47
Dear Advocate,
I would like to know as Landlord of a old building in Dadar west, Mumbai.
How much amount should i ask for
1)The cost land of the building
2)To surrender as a proprietorship
3> How much extra area i must ask while making a new building, against my old flat
4) What percentage of corpus fund the builder will give against my flat (in sq, ft.)
5) Exchange temporary flat or money against new building construction
awaiting for ur reply....Balkrishna Bidaye
chirag
27 July 2010 at 05:37
I booked a flat in the month of January 01 2010 with an upfront payment of 65000/- which is utilised in stamp duty and registration. Value of the flat being 15 Lacs which includes everything. I have paid the builder 2,20,000/- in total however due some inconvience am not able to get a loan from any bank, I have requested the builder to cancel the agreement and has agreed to pay me back the amount, i.e 2,20,000/- minus the 51,500/- stamp duty,I just want to confirm that as per the new amendment chapter 5 of bombay stamp act 1958 (section 48,1) now the law states that refund for stamp duty can be requested upto 2 years instead of six months which was the earlier clause and is effective since Nov 2009. I want to get the refund of all the funds however I reliase that on the 7 July 2010 I have exceeded the six month period. PLEASE HELP ASAP as it leaves me confused based on the facts avails on gov websites stated by the chief controlling revenue authority. Also attached is a screenshot from DNA news paper stating about the new amendment.
Anonymous
27 July 2010 at 01:24
My grandfather had purchased land , the funding of land and construction over same is done by my father and grand father .
My grand father had 3 sons . After construction he handed over ground floor to my father . The oral partition of house happened in 1972 . Since 1973 we are residing there . My grandfather expired in 1973 , leaving behind grandmother and 3 sons.
The propery was never transfered to any one after his death . My father expired in 1994 and grandmother in 1999 , and one of my uncle expired in 2004 .
My uncles are sharing rent of 1st floor in there possession equally themselves after my grandmother death.
The property still stands in grandfather name .
Now my uncle and aunt has applied for there share in Estate office to tune of 35% and 35% each and ours 30% , on ground that after death of my father the sahre again split in our family and my grandmother .
We have renovated the groundfloor , and my other uncles family is getting rent for 1st floor alternative months.
pls advice is our family share is only 30% .
What is provision of oral partion alraedy happened 40 yrs back and we are in possession of Ground floor and my father has incurred amount on construction and till date no one had claimed any mutation .
regards
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