Sam D'costa
01 May 2010 at 13:34
"AND WHEREAS the Mr X are claiming the said property in their absolute physical and uninterrupted use, occupation and possession and as such they have acquired the title in respect thereof by prescription and the Owners of the said property are as per the Property Register Card shown to be one Mr Y & Others ?
What does title by prescription means. We are just occupier and our name is not even on 7/12 under kabjedar. So now this is the MOU between Mr x and Builder where he is claiming that he wil bring our name on record and for the same mr x wil sign special power of attorney in favour of builder. Please reply sir.
Chandan Garg
01 May 2010 at 11:39
Mobile company want our premises for installation of Mobile tower.
Please tell what should be the agreement with that company..??
can you please provide format of the agreement??
kanti kumar
30 April 2010 at 17:04
I have a query that there are 2 person A and B , A sells his land in favour of B and B gets his name registered or mutated in the land records(KHATUONI), few years later again B sells the same land back to A with registered sale deed but this time A didnt get his name registered or mutated(KHATUONI) in land records but the registered sale deed is there again few yrs later A sells the land to C and C get his name mutated in records so now the khautoni entry says:-
1. A sells to B
2. B sells to A (missing in khautoni)
3. sells to C
My question:-
1. what is the ultimate proof of sale (registered deed or mutation records)
2. Is mutation of land compulsory or owners choice
SHALINI
30 April 2010 at 14:45
ear sir,
i am shalini my native place is Chennai. i am basically Hindu family. Actually we have one house in Chennai we are living this home only. This home is my grand father own home. but now he is expired. My grandfather has a two children first one is my father second my aunty . This house is still now in my grand father home. my aunty is married she have a three child. now my aunty is doing own business in my grandfather home for past 10 years for that she is not give any rent. But now she is asking equal share in our home. but 15 years back my grandfather and grand mother gave one land to my aunty for our future life that time she was married . but now my grand mother is alive she is giving full support to my aunty . now my aunty is living this land only. But now she is telling that particular land purchased from my grandmother by cash. for that my aunty gave some amount to my grand mother like that. but it is totally lie. she make some duplicate document for that land. but we don’t have a any proof for my aunty property that time my grandmother gave property by oral.
My question is
my aunty wil get any share from our grand father property,?
Alredy we gave a property to her ? We want to prove it? how
my father will put a case to my aunty home any possible is there?
Then if she put a case how many days it will take a time to solve ?
please kindly reply me
we are totally confused.
Thank u
Anonymous
30 April 2010 at 14:41
ear sir,
i am shalini my native place is Chennai. i am basically Hindu family. Actually we have one house in Chennai we are living this home only. This home is my grand father own home. but now he is expired. My grandfather has a two children first one is my father second my aunty . This house is still now in my grand father home. my aunty is married she have a three child. now my aunty is doing own business in my grandfather home for past 10 years for that she is not give any rent. But now she is asking equal share in our home. but 15 years back my grandfather and grand mother gave one land to my aunty for our future life that time she was married . but now my grand mother is alive she is giving full support to my aunty . now my aunty is living this land only. But now she is telling that particular land purchased from my grandmother by cash. for that my aunty gave some amount to my grand mother like that. but it is totally lie. she make some duplicate document for that land. but we don’t have a any proof for my aunty property that time my grandmother gave property by oral.
My question is
my aunty wil get any share from our grand father property,?
Alredy we gave a property to her ? We want to prove it? how
my father will put a case to my aunty home any possible is there?
Then if she put a case how many days it will take a time to solve ?
please kindly reply me
we are totally confused.
Thank u
Manisha
30 April 2010 at 12:34
My mother’s father has expired in the month of Nov 2009. Now the survivor left are his two sons and daughter (my mother), all are married. My mother is the eldest one. Her father has left a flat and a commercial place in mumbai.
After his death my maternal uncle was fighting for the property so my mother has voluntarily agreed to leave her share in that property as she don’t want to spoil the relation with her brothers, so in the month of Dec. 2009 she has given indemnity bond of no objection which is only notaries and still not registered to the chairman and in front of all the members of that co operative housing society in a meeting held by them mentioning that flat to be transferred to her brothers name.
Now that whole building has gone into redevelopment and both her brothers are getting two flats at different floor and huge amount of corpus.
Our financial condition is not good so my mother has asked for some financial help from her brother and both has denied keeping the relation with my mother.
This property is in Mumbai and valued of corers of rupees.
Now my mother is thinking that she had done the wrong thing of leaving her share in that property.
Can you help me in solving my quarries?
1) Can a co operative housing society can transfer the share only on that indemnity bond and without asking for succession certificate. Is it valid?
2) Can she still claim for her share in that property as the same has gone into redevelopment and MOU has been signed by builder? If yes How?
3) If we want send the legal notice to whom should we sent it? (To builder, to cooperative housing society or to both the brothers?)
4) Can she can claim her rights in all the property which has left behind by her father like: - Flat, owned commercial place, fixed deposit and cash in bank, Jewelry.
5) Let say if we will go to court for the help how much it will going to cost us?
DR SURESHA G
30 April 2010 at 11:52
My name is Dr. Suresha; I filed a civil suite against all of my family members for my share in the property 2003.
Then we compromised before elders of the society and the shares were allotted as follows:
1. Plaintiff i.e. me.
2. My father and my mother
3. My uncle-1
4. My uncle-2
5. My uncle-3
6. My sister-1
7. My brother joint name with my father.
A decree by Taluk Court for Shares of my father and mother issued with terms and conditions that Father and Mother have to enjoy their shares during their life time and after their death properties will go to Plaintiff. i.e. me. (Because I was living with my parents. Me and my father were looking after shares 1 & 2.) I agreed for this property distribution and I left properties to my parents as I was working in government sector). My brother he was notorious we had a fear that he may sell his share, which was earned by my father and hence I put my father as joint holder.
Everything was fine up to 2007. Me and my parents living together and my brother was living separate.
I, went out on various assignments in 2004 and abroad to Africa . During this period my brother came to my parents and taken in charge of all our properties I,e mine and of my parents and enjoyed all the income.
In 2007 he developed conflict internally and taken my mother with him and went separate again. My father was alone and he started taking care of my share and the share of them. My wife was taken care of him.
Once again I got the abroad placement in Jeddah , Saudi Arabia .
Because of mild heart attach he was in hospital in Jan 2008.
During this time my brother took my mother to Sub-Registrar Office and registered a will from her to his son. (The property was issued to my parents, with terms and conditions and for which decree was issued and this property deed was registered jointly in the sub registrar office). My mother alone registered the will without my father’s consent.
After 5 days my father passed away suspiciously, my brother did not allowed me to participate in his funeral as I was abroad. I went a day after and performed my duties and came back to Saudi.
From 2008 to till to day I cleared all the back debts which was upon my and my parents share (10.5 lakhs). My brother was enjoying all my share and my parent’s share which was previously written a will to me.
Recently my mother also passed away, just before her death my brother misinterpreted her and transferred all properties, which was in joint name of my parents, through will and gift deed.
I request your kind self to clear my doubts.
1. Is there any possibility of losing my property which was supposed to be transfer after the death of my parents?
2. Apart from this my father had few properties in his name. Which were, ancestral and self purchased. After his death my brother transferred these to my mother and then she registered will to my brighter.
3. Is there any possibility of filing suit against my brother who had my father as a joint share holder ?
Please clarify my doubts.
Since 6 months i am waiting for your opinion .
Now my brother illegally wit the help of some gundas occupied my house which was supposed to transfer to me after the death of my parents . He changed the khata by producing the gift deed made by my mother
Please let me know about the consequences.
I, am herewith attaching the files for your reference. These include:
1. Pray to the Court to issue the compromise decree
2. Compromise decree
3. Property registration paper of my father and mother (will also registered in my name under terms and conditions of the Court order)
4. Property distribution in front of elders of the Society.
Please go through the files in detail.. My all properties are at Davanagere district Karnataka jurisdiction. Let me bring some of the activities made by my brother taking undue advantage of my mother’s illiteracy.
The properties were distributed as per the court decree and I was looking after my share and share of my parents as I was living with them 2003 to 2007.Officially it was in the name of my parents. But I had all the responsibilities and also I got GPA from my parents. This GPA was not registered ,it was executed before Notary. In 2007 I came to Saudi Arabia . Then my father was taking care of my properties. But my brother taken away my mother with him in 2007 and my father was staying alone and looking after all properties (my independent and my Parent’s share of which will was registered in my name. Please refer the document).
On 8th January 2008 my father was admitted to hospital due to mild heart attack my wife was taking care of my father in the absence of my mother.
On 20th January 2008 my wife and my daughter came to Jeddah , Saudi Arabia to join me, At that time my father was in hospital alone. On 22nd January, 2008 my brother took my mother to Honnali Taluk Sub-Registrar Office and registered a will in the name of his son. (The properties which were in the joint name of my mother and father without the consent of my father which was illegal).
On 29th January my father passed away suspiciously. During this time I was abroad and my brother taken undue advantage of my absence and enjoying all the properties.
Meanwhile I given a petition to all the authorities to enter my name for all properties (which are in the name of my father and my mother) as my father passed away. But he transferred all the properties to my mother’s name and was enjoying all the benefits. My mother was suffering from heart ailment and mitral stenosis. On 3rd and 8th September 2009 my brother instigated my mother to register a gift deed and will for few valuable properties.
During this period between January 2008 to December 2009 I repaid the back debts of 11.5 Lakhs which was on my properties and my parents properties which were supposed to transfer to me . Now he changed Khata to his name by producing gift deed and will…….
Unfortunately my mother was expired on 29th September 2009, during this period I was abroad.
Recently at Davanagere my tenant vacated the house on 31st March 2010.
Then I requested to Davanagere City Corporation and Honnali Taluk Office for change the Khata, from my parents to my name as both were passed away. I came to know that the properties have been transferred to my brother as per the gift deed and will.
On 11th April 2010 by using some gundas force fully he broken the lock of my home and occupied.
Apart from this, after the partition my father has some properties which were self purchased and ancestral which were not included in the partition. After my father’s death my brother changed the Katha for 3 properties to my mother’s name and got a will registered in his name at Honnali Taluk, Sub-Registrar Office.
More, over during the property distribution we made a joint share for my brother and my father, keeping in view that he should not sell the properties during my father’s life time as they were earned by my father who sacrifices his life to earn them. My brother is notorious. We scared to give the independent share. We never thought that he will do all these illegal things and cheating us.
One more question in the will out of 3 schedules two schedules were, transferred from my father and mother and then to my brother through will . One more schedule was in my mother’s name which was purchased by my father and registered in my mother’s name. Is this will would be valid for all the three schedules or it will be cancelled totally.I mean it is applicable only one schedule which was in the name of my mother.
My brother cheated me now I am planning to suit a file on his share which was jointed with my father. Now, my father is no more me and my two sisters are legal heirs. Can we file the suit as there is no mention about this in the terms and conditions of compromise decree, that after the death of my father who will be the legal heirs .
Can we go for this?
I filed a suit against my brother in Davanagere District Court and got injunction on 20th April 2010. But he is staying in my house. I want to vacate him from my house.
I request you to go through in detail and file, a suit at High Court Bangalore. I am scaring that even if I win the case at Davanagere. There is a possibility that he may appeal at High Court. That is why I want to file the suit at high court. I want to acquire my shares as soon as possible.
1. I want to cancel the gift and will deed registered by my mother
2. I want to vacate my brother from my house
3. I want to acquire my brothers’ properties as my father was a joint share holder
4 The administrative authorities involved in these change of ownership by taking Money. I need to teach a lesson to them
If you are ready to take the case I will make all the arrangements. I need your great help. My advocate is not serious about the things, since last 3 years, my brother have given too much problems for me. I want to teach a lesson to him. Please do favour for me.
I don’t have the copies of gift deed and will .If you need I can get them for you
He stolen all the documents from my house .He broken the locks of 2 cupboards and stolen all the property documents and god and silver jewelleries
Very Truely yours
Dr Suresh
Satyanarayana Rao. V. Chadalla
30 April 2010 at 00:39
I have come across a document in which a person has entered into Agreement of Sale Cum GPA. After 20 days he has sold the property in the name of 5 persons, in which he is one amoung them others are his father,brother,brother's wife and an out sider.Later they have devided the land into parts and have registered some sale transactions.
Q.Can a Vendor also be a Vendee?
Q.Can the Agreement of Sale Cum GPA holder execute a sale deed in his favor along with others?
Q. Is the document valid in law? If yes how? If No.What has to be done? Is there any remedy?
Q. What will be the legal status of the next documents already registered?
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help needed!!!
Respected sir
I am fighting a civil case against my paternal uncles regarding a property on the name of my grandma which she had given to me through a registered will duly signed by her
My uncles have spun a web arnd me and its difficult for me to survive it.
My grandma wrote a will in my favour.We are living in the said property.My uncles wen came to know abt this asked us to give them a portion of the house.We agreed in return of NOCs.They didnt give it to us so we refused.Then they went to the court.
During the case we came to know that they have another unregistered will signed by my grandma.But we have got it checked.The witnesses havent signed it in front of my grandma(ink test).Also the name of the will maker/notary isnt there.Our will stands all the scrutiny.
My dad is no more.And I am the sole earning member of the family.One more thing worth mentioning is that they made a appeal against the will after 12 yrs of it being signed and we have proof which says that they knew abt the signed will.They are feigning full memory loss regarding this which obviously is a farce.
They went for a one sided stay on the house 2 yrs back and they got it. Our lawyer fought for it and then the stay was rejected on the grounds of insufficient documents in favour of the plaintiffs.
The case proceeded in the session court and now its in the stage of the cross examinations and my uncles are continuously ditching the proceedings.They are NRIs.Half of the time they arent in the country and the remaining time wen they are they never show up in the court. We tried to use the ex-parte term in our favor.Because of that they came to the court once...showed their face and then again became unavailable. Within a month or two they again have to go back..We are damn sure they wont show up in court till then and then after going their excuse will be that they are out of the country.Again we will we hung in mid air.
Now they have even gone to high court to appeal against the removal of the stay on the house.If the situations turns real bad and again the stay is implied we will again be struck and this time for a longer period.
Hence I am planning to sell the said property and wanted to know the consequences "in detail" which I can face if I sell the said property. I want to have a through knowledge of the situations civil and criminal awaiting me in case I go ahead with this step.
They are super rich and I wont be able to afford the fees of both the courts for much longer.Hence want to get out of the said property but dont want to enter into more serious legal problems.
Thanks a lot for giving me your precious time.I am real depressed right now and your advice can go a long way to help me out from this mess. Awaiting your reply.
Regards