Anonymous
07 May 2010 at 15:08
My relative 'x' entered into an MOU to sale a flat to 'y' and taken 10% token amount. Y agreed to pay the balance amount after 3 months. as per the term of MOU, after three months on payment of total value, sign proper sale deed and give the possession to Y. RELATIVE of Y one Z has taken the said flat of X on leave & license basis for 3 months and started occupieng with Y. No balance payment has been made even after three months. emained in the flat with a pleading will pay the market price shortly. Now the Z has expired and y is not paying rent and also not vacating saying he has the mou for sale.
WHAT IS THE LEGAL COURSE AVAILABLE TO GET THE Y VACATED AND ALSO TO GET THE UN PAID RENT
Raja
07 May 2010 at 14:38
Sir, I am planning to purchase DTCP Approved plot. The plot is bought by the seller, 17 years when he was a Minor, giving his mother's name as a Natural Guardian. Now, the seller has turned Major, 30 years old. When I am buying the property from him, is it necessary that I should get signature from his mother too during registration process? Pls advice.
His mother is not in the position to travel.
gulab
07 May 2010 at 10:04
A Father (A)had 8 acres of agricultre ancestral property. After his death his land transferred in two parts one to his wife (B) and half to his son (c)because he had only son. After the death of his wife(B) the land transferred to his son(C). please clarify wheather that property will be ancestral which his son(C) got from his mother(B).
Anonymous
07 May 2010 at 00:11
My Late father was tenant in a building since 1975. He WAS practising as an engineer. He has taken the office on rent by paying and amount locally [Maharashtra] called as pugdi or pugree. There was no contract between the owner and my father [tenant]. After by fathers death in 2003 I continued the same office and received the rent receipt in my name. The structure is old in mud masonry. We are paying the municipal taxes and repair work for last 12-13 years. Now the structure is in the state that it will not be economical to repair it. also the office is not in the state for any one to work in it also due to the condition of office I also started loosing clients. In 2009 my mother had a medical problem.I discussed the same with the owners legal heirs. They told us they are looking for a builder. Considering the facts [mothers health, losing client] I decided to go to Mumbai for mothers treatment and also for further training for myself. Meanwhile I kept the office closed. I also informed this to the owner orally and paid advance rent of 5 months as I was out of station. When I returned after 6 months again i paid advance rent for 5 months which was accepted by the owner. Also they told they are looking for a builder. I have planned to keep the office close for 2 years considering the owner is looking for a builder meanwhile I can complete my practical training and restart the office. Now I am in mumbai and have learnt from the other tenant that the owner is trying to vacate me.
Last month owner have received a notice from the municipal corporation to repair the building as early as possible.
What are the options available with me?
I can retain the tenant rights?
Pls help me in this regard.
Thanking you in anticipation.
Anonymous
06 May 2010 at 22:48
I made an Agrement of sale with the absolute owner of an inmoveable property which she inherited through ah WILL executed by her mother. the will states that
1. my daughter will be sole and absoulte owner of the property with all the right but she will be having no rights to elinate the property.only her can elinate the property after his mothers dead
2. in case my daughter has no male childs. the property should be shared equaly to the female childrens.
with out reading this will statement i entered with agreement of sale with owner of the property .but has no male children .she has 3 daughter all are minors
When i came to know that she has no right to elinate the property i asked the vendor to retrun the advance paid under agreement to sale. but she promis me that she will register the said property by bring a court order
she is a handicap.and she is ready to fix depost 50-60 percent of the property on her daughters name.
MY question can a court pass a order when the girls are minors
M Senthilmurugan
06 May 2010 at 21:33
Hi all,
In 1994 my father purchased a 52cent (1/2 acre) former land in our village, the document made in my father name from a seller party. But the seller party was already gifted that land to his son on 1991 May month (age of son 1 ½ years)
In our document the selling party party, his wife (son guardian), father, and brother are signed .But the son not signed, because sge of son at that time was 31/2 years old but the guardian has signed.
Document, record all are in my father name & the original copy all are with us (origion document,son name transfer document, and our document)
After 16 years now the seller party is disturbing us. They are telling that “they are going to sell the same land to other party” is it possible?Is it legal???
Kindly advice what type action I should take???
Please help me..
Regards,
M.Senthilmurugan
Anonymous
06 May 2010 at 20:18
Can a Housing Society committee terminate a non-essential service or facility like swimming pool, healthclub or Gym for the rental residence ?
It is an offence for a housing secretary to discontinue providing a service or facility that is essential to the tenant's use of the site or unit for their residence on rental , even if the service or facility is not recorded in the tenancy agreement.
can you please draft me a resolution for usage of ammenites
Anonymous
06 May 2010 at 17:12
My Friend had intended to sell our flat in Mumbai through a broker.The broker informed them of an interested buyer who spoke with us telephonic-ally and agreed to pay a token amount of Rs 1 lakh which the interested party deposited through cheque into our bank account.They got into a verbal agreement to sell the flat with the buyer thru the broker
He had initially mentioned to my friend saying he had a loan approved and sanction letter However despite sending repeated emails to the broker to get us the sanction letter from the interested party , they did not receive any sanction letter for the last 1.5 months
Hence my friend informed the buyer through the broker that they do not wish to proceed with the sale of our flat and that they would refund the buyer's token amount to him as a cheque .
There was no signed / written agreements, nor gave any receipt to this buyer for this 1 Lac as a token deposit .In fact they dont have any address or contact details even of this buyer.They asked the broker for the details of the buyer and he is not ready to disclose saying that he has an MOU with the buyer on my friend's behalf . They did not enter into any written agreement with the broker or authorize to get into any MOU on their behalf.
My friends have sent a photocopy of their sale deed to our broker , and the buyer states that the broker has entered into an MOU with him though they have never authorized the broker to act on our behalf nor given him anything in writing.
The buyer than called my friend and said he wants to buy the flat , they said as it was a long time and there was no sanction letter of his loan from the bank the deal is off The buyer said his son was an advocate and said he will take legal action against my friends and is refusing to take his token money back .His son called up my friend and is asking for 10 lacs or ask us to proceed to sell the flat in return or he is threatening to send us a legal notice.
I have the following queries :
1)There is no written agreement in place and no receipt for the token advance provided ..Only a verbal agreement to sell the flat subject to the condition that the flat will be sold basis on producing a sanction letter from bank and all payments in DD...This did not happen over the last 1.5 months ...Is a verbal agreement held in court of law as a evidence ...as my friend do not intend to sell the flat to that buyer anymore
2)The broker is acting smart and backing out of the scene fearing legal consequences from the buyer and they have told the buyer my friends would only talk thru the broker...from the buyer end once the dad talks and once the son talks...so my friends are not sure who is the actual interested party...
3) Despite repeated requests to collect back his refund amount , the buyer says either sell the flat or cough up 10 lacs
else i will file a law suit
4) the photocopy of the sale deed agreements are with the broker / buyer...can they forge the signature and make an MOU etc and get us involved in selling the flat
5)How do my friends return his money to him as they do not have his bank details , no email id etc ..only sending him sms to take his money back....but he says i dont need money...
6)What are the legal implications of a verbal agreement to sell a property and then drop out of the same ?
7) Do my friends need to file an FIR to be on the safer side like signature forgery etc?
8)In the worst case if the buyer doesn't take his money are my friends eligible to pay more compensation ?After how long does this amount as a refund become null and VOID
9)Are they legally liable for anything?
10)What would be the best course of action.
Your advise would be very much appreciated Please help asap
Verbal agreement to sell property & received Token Advance
Anonymous
06 May 2010 at 13:59
I would like to know the correct procedure for the house lease (no rent) or bhogya, and its validity for 11 months or 3 years. stamp paper value.
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Property Dealer
Sir,
What are the formalities required to be a property dealer? Is there any license needed?
How to get it registered?
Plz answer.
Thanks to all.