Anonymous
06 May 2010 at 11:05
The father left his property intestate to his spouse, 4 daughters and a son. After his demise a release deed was made by his 4 daughters in favour of the mother and brother. The mother recently expired leaving a will of her share of property in favour of her son. The questions are:
Do the four daughters or their children have a claim on the property?
While the son is transfering the proprietory rights on his name, can he include his wife's name also as joint owner? If no, in what ways can his wife's name be included?
Anonymous
06 May 2010 at 10:49
Is a settlement deed superior to a will? if Yes, then in what ways. Is it mandatory to probate an Indian Christian will for a property in Chennai?
Can a settlement deed have life time interest conditions or any other conditions incorporated in it.?
Anonymous
05 May 2010 at 22:49
We had intended to sell our flat in Malad Mumbai through a broker.
The broker informed us of an interested buyer who spoke with us telephonically and agreed to pay a token amount of Rs 1 lakh which he deposited through cheque into our bank account.
He had initially lied to us saying he had a loan approved however despite sending repeated emails to the broker, we did not receive any sanction letter.Hence we informed buyer we do not wish to proceed with the sale of our flat and that we will refund his token amount to him.
We never signed any agreement, nor gave any receipt to this buyer.In fact we dont have any address or contact details even of this buyer.But now he is refusing to take his token money back and is asking for 4 lakhs in return or he is threatening to send us a legal notice.
How do we return his money to him and avoid any legal hassles as we simply do not want to enter into a transaction with this kind of person who lied to us and is now threatening us.
We have sent a photocopy of our sale deed to our broker , and the buyer states that the broker has entered into an MOU with him though we have never authorised the broker to act on our behalf nor given him anything in writing.
Are we legally liable for anything?What would be the best course of actiom.
Your advise would be very much appreciated .please help at the earliest.
Anonymous
05 May 2010 at 21:26
I own a flat in kandivli west,mumbai.I want to sell it.I have also found a buyer,who wants to avail aloan from saraswat bank for the purchase of the property.Now the bank has asked the buyer to provide them an NOC from the society.
The society is delaying issuing me an NOC to sell my flat.I have already provided them all the documents that they have asked for like:-
1. Copy of Agreement of sale given by the builder
2.Indemnity Letter stating that there is there is no other loan or outgoings except for a housing loan that i had taken to purchase the property
3.Application for an NOC.
4.Upto date paid maintenence receipts
5.Saraswat bank noc format.
I dont know what shouldi do.Plz help me...
It has now been a month and i dont know how long should i wait
Anonymous
05 May 2010 at 19:48
Dear sir,
I had booked resale flat by paying 20% of property value. Agreement has been registered at register office by paying 1.30k as stamp duty and registration charges.
today my registered agreement get cancel as 45 day has been over. (same clause has been mention in agreement)
As still my loan process is going, as there is title clearness not yet came.
seller is now demanding more value for same flat, so i would like to cancelled the deed. seller is ready to give money refund.
Is there any possibility of getting refund of registration charges from register office.
please guide me.
Anonymous
05 May 2010 at 19:21
we are living in a house in punjab which is registered in the name of my mother. this is the self purchased property of my mother. now, my mother want to transfer the said property in my name i.e in the name of his son by writing a gift deed duly registered and after payment of stamp duty .can she do that without the consent of her husband and other son and daughter. please guide me under which act and section it covers.
Tahnks
R_RTM_JAIN
05 May 2010 at 17:59
A has purchased one property but not executed registered sale deed. but Having power of attorney in his favour for said property which is not registered but only notarised in the year 1998.
Now POA holder 'A" wants to sell the said property which is situated in the state of Madhya Pradesh. Can he sell the property and execute a registered sale deed in favour of proposed purchaser on the basis of notarised POA ?
What will be the legal position of the proposed purchaser after execution of registered sale deed ?
K.Durga Srinivas
05 May 2010 at 17:56
Gentlemen,
I would request you all to answer my queries
Details
The property[Dwelling House] situated in the State of Andhrapradesh, is acquired by my Grand father. My grand father has 6 sons and 2 daughters.
Grand father has made a Will during his life time and has got the same notorised.Grand father expired in the year 1982. He has deived the property un equally as bleow
One portion to my mother [1st Sons' wife]
One portion to 2nd Son's son
One portion to 3rd Son's wife
One portion each to 4th,5th and 6th Sons
One portion of land in the house plotkept for selling to 3rd Son's Wife
One portion of the land in the house plot kept for selling to 5th Son
The bankbalance to be equally devided between 2 daughters , who were married by that time.
The property has not been devided and not registered in the names of the parties after the death of Grand father. But all are occupying / rented out their portions except for the land left ,meant for selling to the parties, which is still vacant
The will has a condition that the 1st right of purchase to be given to the family members ,if any party is interested in selling his/her portion
Quaries
1) The original will is not traceble , hence the will is valid or not ?Photo copies certified by Notory available
2) If the will is valid whether the land kept for selling to the parties have to be equally devided by all the 6 persons as the same is not sold
3)The 6th Son has got his portion mortaged to outsider, which is registered as per him
4)6th Son says that he had issued possession clearance to the outsider as he could not repay the loan taken. Is it valid ?
Anonymous
05 May 2010 at 16:37
Dear Expert,
My grandfatherhad let out shop to a tenant 45 yrs.ago. the original tenant already died and his son is having the possession of the shop and at present the property is in my mother name, my father also died, i want to evict the tenant from the shop as my family, my children required more space/rooms to live in the house.
Kindly advise the action or what case i have to file against the tenant.
thanks
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sale of flat
dear advocates
one of my ckient is a real estate company . it has mde full sories as approved by local bodies. now it is willing to sale its top floor space made by covering place available below water tank.
1. will it be legal ?
2. can any remedy is available to sale or make other convenience deed?
pls suggest
thanking you
vineet