Vincent
29 June 2010 at 13:26
Property been purchased by in the joint names of husband and wife. Consideration fully paid by Husband. After the husband's death wife alienated 50% of the property claiming she is the absolute owner of that 50%. Now she too is dead. Is that alienation valid? Vincent
bubai
29 June 2010 at 12:52
Hi,
We have given on commercial rent with Leave and license agreement for 3 years. Now the tenant has stopped giving rent.
Q1) Is 3 years leave and license agreement a valid document or it should have been 11 months only.
Q2) Will the tenure make any difference in the court of law?
Q3) What is the fasted way legally to remove them
Q4) We have 3 cheque bounced by the tenant but it has passed 1 month. Can we file a criminal suit on him after 1 month?
regards
Sudip
Anonymous
29 June 2010 at 12:28
which documents are required for registering the sale deed?
What documents are need to be checked before purchasing the property?
Anonymous
29 June 2010 at 11:40
Dear Advocates,
I am having a property in a prime location in Madras which has been rented out to offices and shops One of the tenant is running a shop for past 20 years. Rental agreement is between my father and the tenant’s father executed in 1998. My father expired in 2002 and I became the owner of the property. I have not executed a fresh rental agreement. They have been paying the rents promptly and also increase in rent as and when asked by me. During the course of time some ego clashes and personal disputes arose between me and the tenant. I want to throw him immediately out of my house. I have given time to vacate the shop within 6 months and stopped collecting rent. The present tenant and his father pleaded to me to forget all the personal vengeances and ego problems and consider their plight, since this shop is their only source of income and fell at my feet to let them continue to occupy the shop. They are even prepared to give any increase in rent and extra rental advance. Even when they prayed at me to forgive them, I am not prepared to let them continue in m y premises since I am an egoistic person. They have started to send the rent by Money order which I have refused to receive. I want them to get out of my property as early as possible. I have lost the original copy of the rental agreement. I have property tax dues to the above property. By which source can I vacate them. The tenants are not simple persons, though they are falling at my feet, they will give stiff fight for any legal or illegal battle against them. How can I get them vacated, what is the time limit expected to vacate them if I go to court. I have not given rental receipts for past 12 months, but they have paid the rent in cash to me, can I carry the case on the basis of default in rent. They are making arrangements to deposit the rent in court, can I raise my objections for deposit of rent in court or shall I go in compromise with them.
T N VIJAYKUMAR
29 June 2010 at 09:57
We have a case where there are two joint owners of a flat a Mother and son duo. The Mother who was the first owner died before the share transfer could take place. There is a will left by the deceased but it does not mention the above property. There are other legal heirs of the deceased other than the 2nd owner. Now the 2nd owner the son wants us to transfer the shares in his name.
We have consulted a lawyer. He has told us to transfer the shares in the name of the mother as now deceased and the son in the joint names. At the time of sale the son will have to get a relinquishment deed or a gift deed from his bro. & Sis. Ur comments on this.
Anonymous
29 June 2010 at 06:05
Seller has Breached Agreement of Sale and if this Breach is proved in the Court, then what remedies are available to the Buyer to enforce upon Seller through Courts.
Actually, Seller has Breached the Agreement because he cannot supply the flat to the buyer which he stated in his advertisement for 'Offer of Sale through advertisement on the website', that these flats can be used as resort/Service Apartments and tourists can be accommodated in these flats for generating good amount of rentals.
Since despite repeatedly asking by the buyer that please furnish documentary evidence to prove beyond any reasonable doubt that such permission from competent Municipal Authorities actually exists for such commercial/ semi-commercial usages of the flat, the Seller cancelled registration of the flat and returned the money to the Buyer party.
In this situation, since seller knew very well that flats can be used for Residential purposes only, and not on commercial basis, he decided to Breach the Agreement of Sale.
Now, can Buyer claim damages through Court saying that he registered and entered into Agreement based on the promises of the seller which eventually proved to be False, and since seller cannot deliver flat having commercial usability as promised by him, therefore, by this Breach by the Seller there is a loss suffered by the Buyer.
How Buyer can claim damages from seller to extract maximum 'Damages'.?
Anonymous
29 June 2010 at 05:45
Seller Society has breached Agreement of Sale and returned money which Buyer has deposited with him for Registration of Flat. Earlier Seller had promised buyer that Bank Loan is available, but later did not cooperate with Buyer and Bank and did not deposit required documents of the project for bank to be fully satisfied with the Project of the Seller. Neither, Seller furnished the documents to the Buyer for his verification. Now, Seller has returned the money through Cheques to Buyer saying that Registration is cancelled due to non availability of loan and violating payment schedule. Buyer wants to sue Seller in Consumer Court and possibly in other Courts as well for 'Breach of Contract'.
To ensure sustainability of his case, does Buyer need to present the returned cheques sent by the Seller to the Court to prove evidentially that there was a breach by returning the money through these cheques, or presenting the covering letter which Seller has sent along with these cheques shall be good enough to prove this and Buyer is entitled to use this returned money for some other purposes?
What i mean to ask is that without loosing his rights to sue seller on account of this alleged Breach, can he ie Buyer deposit these returned cheques in his account for his regular use?
Member (Account Deleted)
29 June 2010 at 00:39
Dear Sir,
My Grand father purchased an agriculture land in bangalore (Karnataka) in the year 1964. My grand father having 4 sons. This self earned property was partioned in the year 1985 among 4 sons of my grand father.
My Question is.,
1. Can my father dispose off his share through "WILL" of his choice to his sons/daughters (My father inherited this property by partition mode from My Grand father's self earned property). If he make will is this valid under hindu mitakshara property laws. Since my father planning to dispose property through will. Please clarify. Thanks
Anonymous
28 June 2010 at 19:36
Dear Sir/s,
I shall be thankful to you all if you can give me some important information with regards to the minimum & maximum period of L.L.A and/or Lease Agreement period in State of Kerala.
1] As in Maharashatra L.L.A. can be for maiximum 60 months _ What about in Kerala is it only for less than year or more up to 36 months or more?
2] What is minimum period of Lease ??
3] Is there provision for the Stamp duty payment on Leave and License Agreement and Lease Agreement ??
4] At what rate the Stamp duty has to be paid ?
5] I want to give my Shop/commercial place for 3 /6/9 years which document I should prepare to give my place ??
I Thank you all in advance for your kind guidance render to me.
Thank you all
Regards.
Bharat Gala
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