anupam sharma
19 April 2010 at 13:36
a father transferred his property in punjab to son vide aregistered document,but now he is apprehensive that the sonm would sell it...he wishes to get an injunction against sale of property by son till he is alive??? can it be done??? any other remedy for the father is available???
Nitu Kapoor
19 April 2010 at 13:13
Dear Expertise,
My meternal grand father died on 10th Nov. 2009. Now his successors are his two sons and one daughter (my mother). He has left his flat and his commercial place without will. Now after the ceromony of the 13th day my maternal uncels was forceing by means of threatning to my mother to leave her share in that property which she without her willingness has agreed to do so, then they took my mother in front of all the society members to say that she don’t want any share in her father’s property. They also took her signature on the stam paper to tranfer the flat share on their name.
Now we came to know from one of her friend and the member of that society that the share has been transferred to her brothers name and society has given that whole building for the redevlopment to a well known builder. Builder has signed memorandum of understanding with the society and the members of that society. Two month before builder has issued one advertisment in local news paper and one national news paper for any claim on that property which we didn’t came across that advertisment. Now that builder has given the project to get pass from BMC. These propert is in mumbai.
Now my querys are
1) Can my mother can still claim for her share in that property? If yes, How?
2) By any means can we still ask the builder to stop the process.
Also pls advice if you have samoting more to say other than my query
I will be very thankful and appricaite you if you provide any solution to this.
Anonymous
19 April 2010 at 12:05
HI,
I am Nayudu entered into sale agreement in 2009. But the agreement is not registered... wht is the legal procedure... to get registered....
Anonymous
19 April 2010 at 11:43
We had a ancestors land. My Dad and uncle transfered it by means of registerd Development agreement and POA. We the childrens signatures were not considered in agreement & POA, also one of my brother was minor during that time.
Can we challenge the agreement in the court and get it cancelled??
Please help
Anonymous
19 April 2010 at 11:24
Dear Sir,
I have garden (Lawn) attached flat. Society is after me to pay additional charges for use of Lawn. In fact I had paid the money to the Builder while purchasing the Flat & also got the allotment letter for use of Lawn area. I myself maintain the Lawn & using the water which is provided by the socierty for my consumption. Please advise.
Anonymous
18 April 2010 at 22:51
My brother & I inherited a flat in a housing society several years ago. Though the share certificate was transfered in our favour, we did not find the need and necessity of registering the same.
I am now planning buying out my brother's 50% share, and for which I seek certain clarifications, as under:
1. Before proceeding with the sale, is there a need to have the flat registered in the name of my brother and myself
2. Upon executing the agreement of sale, the stamp duty should be computed on just 50% of the house value?
3. Is there a chance of escaping the stamp duty, since I am a joint owner, and by virtue of this sale I am only striking of the name of my brother?
4. Any ideas on how this stamp duty hit can be minimised.
Would appreciate your views.
Anonymous
18 April 2010 at 16:15
I have given residentail flat on rent , what type of taxes will come in play, rent is Rs 45000/
TDS, Service Tax, Municiaplity Tax, society charges at what rate to be levied ?
Narayanan Sreenivasan
18 April 2010 at 13:05
I stay in the 7th floor of my apartment ,which is a proposed society formation stage. We are facing acute water shortage due to the overhead water tank being too small to ensure water for 20 families.While builder claims no responsibility, other members too are in comfort zone and are not bothered. Can i construct a small water tank in the terrace owned by me,without compromising on safety aspects of the building structure.say a 300-500 litre septic tank. terrace is owned by me in top floor .
Anonymous
18 April 2010 at 11:46
I am looking to buy a flat in an apartment which is around 3 years old. People have occupied all the flats in the apartment and I am looking for a second sale. I have a query but before I ask the query, given below is the background of the property :
1. The apartment is a joint venture between the builder and land owners. As per the joint development agreement (JDA), 72% of the flats belongs to the builder share and 28% of the flatbelongs to land owners share. The flats that belongs to the land owners share is clearly called out in the JDA.
THIS JDA DOCUMENT IS REGISTERED.
2. The land owners has given a general power of attorney (GPA) to the builder to sell flats in the apartments. Though this GPA is pre-dominantly given tothe builder to sell 72% of builders share, it also has a "NOTWITHSTANDING" clause which states the following:
" Not withstanding that the attorney shall execute sale deeds in respects of the apartment units comprising in proportional extent of constructed area delivered to us/owners after completing construction from time to time, out of 28% area allocable to us/the principals"
THIS GPA DOCUMENT IS REGISTERED.
3. There is another GPA document which one of the land owner (who owns the flat under consideration) has given to the builder to sell this flat under consideration.
THIS DOCUMENT IS NOTARISED BUT NOT REGISTERED.
4. Based on points 1 and 2 above the builder ALONE has executed the FIRST sale deed . Though point 1 and 2 are referred in the first sale deed, point 3 is not referred in the sale deed.
Query :
1. Does point 1 and 2 give enough rights to the builder to execute the first sale deed? I have this doubt because the GPA mentioned on point 2 pre-dominantly gives rights to sell 72% of flats which is the builders share.
2. Is it safe for me to go for the second sale? Is there anything that I should do before I go for this sale?
Thanks in advance for any guidance/help on this query.
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Ancestrol Property
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 . 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 . 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 share again split in our family and my grandmother .
Ie Upon my Grand father death -
Grandmother 25%
My father 25%
my uncle-1 25%
my unclr-2 25%
As my father expired in 1994 , then 25% splits in
My grandmother 6%
my mother 6%
myself 6%
my brother 6%
hence my Grandmother share become 31%.
On my grandmother death 31% split in 3 parts
Hence our family in total is getting 29.71% .
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