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hari   26 February 2010 at 09:29

Tenant eviction

We have a family old property which is legally inherited by 10 members of my family. I'm one among them. We have a tenant in this property (living there for 25 years) who is occupying the premises with three shops and paying meagre rent (far below the market).

We desperately need the premises for demolition and reconstructing for our own use and getting tired waiting the tenant to evict. We discussed with him for some settlement and he keep on dragging the issue and never sits for serious discussion. Please advise how to handle the case. My family members are quiet and waiting for automatic resolution. Is that ok, if myself alone file a legal action against this tenant for eviction and how long the process will take and what advice you can give me.

regards
hari

RAVI SHUKLA   25 February 2010 at 21:14

LETTER OF ADMINISTRATION ISSUED BY HIGH COURT

It is my understanding that Letter of Administration issued by High Court is just an appointment of a person to present to the court, the assets, liabilities and claimants to the notice of High Court. As per Succession Act, the administrator cannot sell or even lease the property for over 5 yrs without permission of HC.
I hope experts on this subject will enlighten us more
RAVI SHUKLA

Anonymous   25 February 2010 at 20:22

patria potestas

Thanks sir. Sir what is the right of 'patria potestas'? Can the father apply this right in case of major sons also ?.
Janki

Anonymous   25 February 2010 at 18:54

REDEVELOPMENT PROCESS

1) IN CASE OF REDEVELOPMENT OF OLD BUILDING, HOW MUCH AREA TENANT/MEMBER OF THE SOCIETY WILL GET UNDER REDEVELOPMENT SCHEME?

2)WHAT IS CLUSTER REDEVELOPMENT ? HOW MUCH AREA TENANT/MEMBER OF THE SOCIETY WILL GET UNDER CLUSTER DEVELOPMENT SCHEME?

3)WHAT IS DIFFERNCE BETWEEN REDEVELOPMENT SCHEME AND CLUSTER DEVELOPMENT SCHEME ?

4) HOW MUCH FSI WILL BE GIVEN TO BUILDER/DEVELOPER UNDER REDEVELOPMENT SCHEME AND CLUSTER DEVELOPMENT SCHEME ?

5) CLUSTER DEVELOPMENT SCHEME IS RESTRICTED UPTO BANDRA OR APPLIED IN MUMBAI ALL OVER ?

6) WHAT IS THE BASIS OF CORPUS FUND ?

7) UNDER BOTH SCHEME, HOW MUCH PERCENTAGE WILL REQUIRED TO OBTAIN FROM SOCIETY/BUILDING BY BUILDER/DEVELOPER TO START THE PROJECT ?

8) IF SOME MEMBER/TEANAT REFUSES TO JOIN THE REDEELOPMENT SCHEM, WHAT THEY CAN DO TO RETAIN THEIR POSITION ?

Anonymous   25 February 2010 at 15:42

For Experts (urgent).

Can any one plz guide me on the question that "Whether a letter of administration or succession certificate is granted for a motor vehicle?" can you provide any law citation plz?.

Jayant Kumar Singh   25 February 2010 at 14:12

Jurisdiction of Courts

Dear Experts ,

Please inform the various courts/fora where property disputes can be litigated alongwith the financial limits of these fora , if any .

shyam   25 February 2010 at 12:45

Difference between ancestral and self acquired property.

Dear Experts,
please tell me the difference between ancestral and self acquired properties.please also tell me the acts and sections under which they are defined.

Viki Lingeria   25 February 2010 at 00:27

Replace deceased mother joint ownership with father

Hello,

My mother passed away in 2008. My current home is in my name & my mother's name. I also have a housing loan running for this home since 2005. For the loan, I am the borrower & my mother is the co-borrower.

I would like to know how can I get my mother's name joint ownership replaced with my father's name in the home property. What formalities I need to complete with housing loan bank and my society.

I also have a married sister. Do I need to complete any formalities with her.

Waiting for a reply.

Sameer Zodgekar   24 February 2010 at 21:13

Society forcing to pay transfer fee and foreclose loan

I have a flat in Pune purchased in 2004. I occupy it. Now, I intend to sell it. Our cooperative housing society members are not giving any documents, despite giving a request to do so. They hold that I should first pay transfer fee, then foreclose the loan, show that letter to society and then get an NOC. The buyer is frankly disbelieving. How can a buyer foreclose my outstanding loan of bank without any document photocopies like Index-2, Sale deed, Commencement certificate and importantly, an NOC? Previous sale deed is with society; members have only share certificate. What is the law? What can I do? The society is even refusing to issue me a no-dues certificate despite I having paid all the fees, like maintenance and other. Regards. Sameer

sandip c   24 February 2010 at 16:11

transfer of names

My father died without making any will.He has one plot in his name which he had given for development to buillder in 1993.Builder has given our share in the constructed building.
Building has been registerd later but no conveyance done yet. Is it necessary to trasnfer lagal heirs names in 7/12 extract as my father died. Can it be done by transfering land in society's name when conveyance is done directly without transfering it on legal heirs names.PLEASE SUGGEST.