Anonymous
07 April 2010 at 14:20
I bought a commercial office building, where my company was and still is, a tenant, under Sarfaesi Act 2002 at a bank foreclosure auction. After a 2 year legal battle (appeals upto SC by the borrower/Owner and again at DRT) the title was vested in me. I managed to throw the Owner/borrower out. But a pre-exisiting commercial tenant (actually two companies under same proprietor) refuses to vacate, has not been paying the pre-existing rent etc.).
My attorney filed 2 cases for eviction under the Rent Control courts, against the 2 companies. Almost 2 years later, it still has not come to trial, while the tenant continues to enjoy the property rent free.
Could this have been filed any where else other than the Rent Control ? I am told that this should have been easy and quick and should have been filed in HC, due to purchase under Sarfaesi? Even if I get the eviction order from Rent control (or HC), I am told that this can go onto appeal? The tenant is hard to work with. Answers & advise?
Anonymous
06 April 2010 at 17:40
My parents jointly own a property in Delhi. They did a registed will naming me sole beneficiary. I have another brother.
After the demise of my parents will I need the brother to do a relinquish or give an NOC or can i comfortably sell the property based on the will itself.
anshuman atul
06 April 2010 at 16:09
can some name me one of the best lawyers in patna. i need 1 for a land litigation. urgent
Anonymous
06 April 2010 at 16:07
My father expired intestate in June 2006 leaving behind a self acquired residential house in Chandigarh.His legal heirs at the time of his death were as following:-
1.Wife 25% Share
2.Son 25%Share
3.Son 25% Share
4.Mother 25%
My Grandmother expired intestate in July 2009,how will her 25% share devolve as per Hindu Succession act 1956:-
“The object of section 15(2) is to ensure that the property left by a Hindu female does not lose the real source from where the deceased female had inherited the property.’’
Which in this case are the Legal heirs of my father 1\3 each to wife & two sons
Secondly as per Class I Legal heirs of my Grandmother
which in that case include her two Sons & a daughter in addition to legal heirs of the predeceased son .
Kindly Clarify which will apply & Why with similar case judgments
Anonymous
06 April 2010 at 14:55
my uncle is in usa he sent money by western union in my savings account i paid money(full payment by cheue for 5.5 lac)to builder from my savings account & made sale agreement before 6 months ago since building(flat) work is going on now flat is ready builder ask to make sale deed now my query is that in this case can i make sale deed on name of my nri uncle name with the help of his power transfer to me.
sameer
06 April 2010 at 13:45
hi
i am muslim and married got kid she is 3yers old, i want to know if i die my propertie will go to my wife and doughter
or my family i got two sisters they married and stayig with there husbends and my parents as well they staying saperatly
i think for muslims shria law aplicable i dont know about that if any body know please answer my thing
Anonymous
06 April 2010 at 13:35
i have bought flat in apartment which possession likely to be come in wihin one month. query is that all flat holder of aparment want to know the easy way out to manage mantainance expense of building.for this we r plan to get 10000/- from each flat holder & put this amount in bank now question is that on whose name w have to open a bank account?
can we make society? or please let me know any other eay way to manage this multi owner funds?
SUBHASH SHARMA
06 April 2010 at 09:36
ONE OF MY CLIENT WHO HAVE POWER OF ATTORNEY & RELINQUISHMENT DEED OF RESIDENTAL HOUSE IN HIS NAME AND HIS ELDER BROTHER’S NAME JOINTLY WHICH WAS EXECUTED BY HIS FAHER AND MERRIED SISTER (PROPERTY WAS IN THE NAME OF HIS MOTHER WHO IN NOT ALIVE).
FATHER REMARRIED AND LIVING SEPARATELY.
SISTER IS ALSO MARRIED.
NOW FATHER AND SISTER BOTH CAME TO MY CLIENT THREATENED HIM AND EXPELLED FROM THE HOUSE.
ALL ORIGINAL PAPERS ARE LYING WITH MY CLIENT NOW BOTH FATHER AND SISTER ASK THE ORIGINAL PAPERS FROM MY CLIENT.
1) WHAT SHOULD HE DO NOW KINDLY SUGGEST.
2) ATFTER THE DEATH OF THE MOTHER OF MY CLINET. THEY SHOULD HAVE FILED FOR SUCCESSION CERTIFICATE.
3) POWER OF ATTORNEY IS VOID OR NOT.
4) CAN FATHER AND SISTER WITHDRAW THE POWER OF ATTORNEY AND RELINQUISHMENT DEED.
5) WIFE OF MY CLIENT IS PREGNANT BUT SISTER OF MY CLINET WHO IS INSISTING TO GRAB THE PROPERTY IS THREATENING , ABUSING AND BEATING MY CLIENT AND HIS WIFE.
6) SINCE WIFE OF MY CLIENT IS PREGNANT MY CLIENT LEFT HIS HOUSE AND LIVING SEPARATELY HE LOCKED HIS HOUSE BUT SISTER AND FATHER OF MY CLIENT MAY BREAK THE LOCK ANY TIME.
7) FATEHR AND SISTER OF MY CLIENT COME TO MY CLINET CAME TO THE TENANTED HOUSE WHERE MY CLIENT IS LIVING THEY THREATENED THEM AND TRIED TO BEAT THEM.
8) SISTER AND FATHER OF MY CLIENT ALSO INSISTING MY CLIET'S WIFE TO GET 10 LACS RS AS DOWERY.
5) MY CLIENT ALREADY GIVEN THEM RS. 5 LCAS TO GET RID OF THE PROBLEM BUT SHE IS STILL INSISTING FOR MONEY AND PAPERS OF THE PROPERTY.
KINDLY SUGGEST WHAT TO DO.
d
06 April 2010 at 09:21
my grandmother has 4 sons, they have inherited a plot of land.
the plot of land is in the form of a rectangle, the width of which is along the main road and the land goes away from the main road along its length.
the land has been divided along its length such that my dad, who is the youngest, has got the piece which is farthest from the main road.
my dad has built a house in it, whereas his brothers havent yet.
since the starting there was a common understanding that everybody will use a common 8ft path to come to the main road.
we have been using it for the last 12 years.
Now rest of his brothers are planning to sell the land and are telling my father that they will not give him access to this path to the main road as they will sell it.
behind the plot there is a 2-3 ft small gully, which they are telling us to use. this gully is not connected to the main road.
what should we do. we feel cheated.
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WILL
If a person made a WILL, distributed his ancestors property in Villege (Land etc) to his Sons and his self earned house and other property in mumbai transfered to his daughter.
Whether his Sons are correct to clam for the property of mumbai which is self earned by their father. (HINDU LAW and PROPERTY LAW)
Whether Daughter has no right on property in Mumbai(house etc) which is transferred by her father by WILL. (HINDU LAW and PROPERTY LAW).
Whether WILL is enough for possession of house or property (self earned).