Anonymous
21 March 2010 at 07:20
I am an Indian Christian currently living in Mumbai, Maharashtra. My father died intestate in 1980. I went to America in 1985. In 1990, during my absence, my brother sold my father's property without my knowledge by claiming that he is the only son to a Buyer. When I came back to India in 2010 for good, I became aware of this illegal deed of my brother committed in 1990. The current market value of this property is Rs. 60 lakhs.
1) To recover my share in the property, can I file a complaint against my brother, the Buyer and the Witnesses to the Sale Deed today i.e. 20 years after the fraud was committed by my brother.
2) What is the Law of Limitation for filing a complaint against own brother for selling immovable property of intestate Christian father? (I have come to know that my brother had submitted a wrong genealogical family tree omitting my name and had also advertised in the newspaper before selling this property).
3) If the Buyer was unaware of this fraud, can I still recover my share in this property from the Buyer?
Please give your learned advice urgently. Thank you.
Anonymous
21 March 2010 at 03:53
I booked 3 plots in two projects of a builder/developer in NCR region.
Builder/developer did not get the land from authorities/government. So the projects could not take off at all.
Builder/developer did not refund the money initially. Later cheques were issued which bounced. So far no complaint has been filed and I am trying verbally to get the money. But no progress.
* What's the quickest course of action to get the refund?
* Should I file case in consumer court or criminal court or both or any other court? Which one is quickest?
* DO I need to file complaint with police first?
* What's the process in general for such matters?
Anonymous
20 March 2010 at 22:06
What is the recourse available to the member of the Registered Society against the Builder who have collected society registration charges from each flat members but did not register the society and the members had to do it themselves. Also the builder has not executed the Conveyance Deed in the name of the Flat Owners which he is bound to do upon the registration of the society. Can I file a criminal complaint against the Builder for contravening the provisions of Sec. 10 & 11 of the Mah. Ownership of Flat Act? Can someone provide me with the sketch draft of such complaint urgently to be filed in the Court???
SATISH KUMAR
20 March 2010 at 20:20
Respected Sir,
I express my gratitude to you and the site for extending invaluable legal service to the needy people/litigants. We are three brothers and three sisters. My father died in 1996 and mother in 2006.My eldest sister filed suit for partition in 1999. The suit has now reached the stage of final decision. Today the ADJ asked me and the plaintiff's counsel to submit latest rulings on the point ..."how old cases are to be dealt with after the introduction of the HSA Amendment Act,2005 ?" That is - which law will be applicable i.e. the old one or the Amendment 2005?
Kindly suggest me some latest case laws on this point at your earliest convenience as the next date of hearing is 27-03-2010 and it will take me some time to cull it out from Law Library.
Reagrds,
Your's,
Satish Kumar
pankaj
20 March 2010 at 17:53
My grandfather aqcuired one property. He had four sons and one daughter. One of his sons (my uncle)expired sometime ago. Also his daughter(my aunt) and his husband also expired leaving one son behind. My Grandfather had a lot of attachment to My aunt's son, so he sold a part of the property and gave the money to aunt's son to purchase a seperate flat. My grandfather also didn't leave any will and both my grandfather and grandmother have expired.
Now The three brothers including my father want to sell the remaining part of the property and distribute the share among them.
But my aunt's son is again asking for a share.
Does he has any lawful right to the property.
Please advice.thanks in advance
Heaven 2011
20 March 2010 at 13:13
Dear all,
In a sale agreement if any condition contained that the buyer shall be responsible for complying with all the registration formalities and payment of stamp duties etc and have to pay the balance amount (difference between earnest money and total sale price) within three months and if the buyer fails to perform and to pay the balance then the agreement shall be cancelled, would it be a valid clause? And if it is contained in the said agreement that so long all the formalities as aforesaid is completed the sale should not be an absolute one would it also be valid term. If the buyer fails then would it act under doctrine of part performance Under section 53A of the Transfer of Property Act? And in such circumstance should the the buyer or the seller who shall have the optimum right over the property?
Dinkar Vidyarthi
20 March 2010 at 09:51
Sir,
As we know that the basic language of any draft regarding to any property in which right of use upto the fixed time is transferred against some consideration is fall under the head/ Title as DEED(Rent OR Lease)but what is the actual and fine difference between the term RENT DEED and LEASE DEED?
Anonymous
20 March 2010 at 01:44
* What's the difference between "Lease" and "Leave & License" in case of 11 months period?
* Is "Leave & License" still applicable in NCR region (though I never heard of it till recently)?
* Which one an owner should go for so as to keep all the rights to evict a tenant (at will)?
* I want to rent out for fixed term of 11 months with no renewal clause in the "contract". This is to make sure that the tenant can't claim to continue to live in the premises and has to leave after the expiry of "contract".
Aditya R khandelwal
19 March 2010 at 22:31
I had Purchased a Land 5 years back On the Basis oF FULL AGREEMENT ND POWER OF ATTORNEY ND REGISTERED WILL.
NOW I WANT TO MAKE THE REGISTRY OF THE LAND IN FAVOUR OF MY WIFE.
THE PREVIOUS OWNER IS STILL ALIVE.
ON THE LAND THERE IS CONSTRUCTION OF A HOUSE.WITH UNDERGROUND FLOOR AND TWO FLOOR, THE LAND IS NEAR BY 3000 Square Feet in Covered Area. THE PRESENT VALUATION OF LAND IS NEAR BY 50 LAKHS (ACCORDING TO GOVERNMENT DLC RATE)
DO I NEED TO PAY THE "CONSTRUCTION" COST REGISTRY ALSO?
OR I NEED TO PAY THE ONLY THE LAND VALUE REGISRTY COST?
IT IS IN RAJASTHAN.
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Entry to enter in the land
My friend (Vendor) negotiated with Purchaser for sell of his land, & for this transaction purchaser gave him token amount of Rs. 6 Lac in cheque. But there was no entrance to enter in the land so Purchaser purchases entrance part of land from another person, which land is attached to vendor’s land. Mean time vendor deposited cheque in bank but cheque bounce so, through public notice in newspaper vendor declared that he cancelled the transaction (because not only the limitation period for completion of the transition is finish but purchaser not gave any response to compete the transaction). Now, the problem is that purchaser not allows giving entry to enter in the vendor’s land. So what is the solution for vendor to enter in his land?