Anonymous
19 April 2010 at 15:03
we are 5 heirs of our joint ancestal property andout of which 3 have signed a saleagreement and they have taken cheques on our behalf iam not interested in selling the property .will the sale happen without my sign and i am ready to pay back the advance given on my shareand the agreement period is also over now how to proceed
Anonymous
19 April 2010 at 13:44
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
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 ?
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Tenancy
We had a ancestors property. A rgistered partition was done among ourseleves. As my grandpa was serving Indian army a land occupied by tenant was alloted to our branch (as tenancy is not applicable to army persons) under section 43c.
Later my grandpa and tenant made a appeal to Dy Collector where the order was passed to allot 5 acres to the landlord (ie my grandpa). Again being unsatisfied my grandpa and tenant made a appeal to Collector, again the same order was passed by collector. Both of them (tenant and grandpa) were not satisfied by the order hence both approached to High court. The matter was pending there for 10 yrs in a meanwhile my grandpa expiered. In 1993 High court remanded the suit and asked to go to revenue again. The order by high court was passed as ---- "The order is being remanded and the authorities has to decide the share of the landlord considering the actual meets and bounds held by the joint family, also no fresh appeals can be made the appeal has to continue considering the previous one".
After this not even the tenant and us approached the court or revenue authorities. My father was new to this and had no knowledge. In 1997 the tenant made a appeal to Tahasildar. Tahasildar passed the order in favour of tenant.
My father then made a appeal to Collector, but then forceably due to some crisis my father had to compromise and the tenant in writing on a simple piece of paper took the signatures of my father and mutuation entry was passed on 7/12 extract by the name of tenant. Also my grandmas powers were taken (Hakka sod patra) under sectin 32g
Queries are>>
1) Can the matter be reopened - as the high court had passed the order to remand the case and not to file fresh case.
2) High court has just asked the authorities to decide my grandpas share in the property and same to be alloted to the hiers.
3) Has the tenant cheated us or made a fraud - by making a fresh appeal.
4) Tahasildar has over ruled the High court orders --- so can it be squashed if we make a appeal to high court again???
5) Can widows (my grandma) rights be taken by tenant in this matter??
6) Also the land has come in muncilality limits in 1997 - so is the tenancy applicable???
7) My Dad has made a compromise on plain paper is it valid?? No other members of the family has signed the documents (Hiers after my grandpa --- One son (my father), three daughtrs)