Anonymous
22 February 2010 at 16:57
Respected sir,
My query is as under:
At the time of dividing ancestral property, my grandmother has got an equal share of 46 cents of vacant land at her native place in kerala. later on my grandmother shifted her residence to chennai and she is residing here for the past 40yrs.while proceeding to chennai,she has entrusted the job of taking care of the said property to her brother but her brother didnt comply with. later on she received a letter from her brother requesting her to sell the same to him for a meager amount of Rs.50,000 which has since been refused by her in 2002.
A couple of yrs ago she got a court summon in connection with the petition filed by her brother praying for an injection restraining her from entering in to her above property.As she is suffering from chronic diabetes and she was attending to her husband whose health condition has got very much deteriorated due to his old age plbms,she couldnt attend to the court summon.moreover one of her elder daughter was staying at mumbai becos of her health pblm with her daughter also was not in a position to reply for the same.
As none of the respondents have replied and no other summon were issued they were of the opinion that the case is still pending in the court.but recently we given to understand that the court has passed order in favour of her brother on exparte basis.based on this court order ,her brother has sold the property to one of his close friend for a namesake value and the said property is said lying as it was.
kindly give your valuable suggestions to retrieve the captioned property
Anonymous
22 February 2010 at 16:08
Sir,
Good after noon. I am having a querry about the property.
We have a property in Belgaum - about 5 guntas, which is undevided. The property is ancestral one, which is jointly owned by my father and his two brothers. One of my Cousin Brother is staying in the Property and we all others are in and around Belgaum, staying separately. I have tried my level best to get the partition done in the existing property with our co-pasner. but, becuase of one or other reasons, the act is not materialised. Actually, I am in need of money and I would like to know the procedural activities to be done to get it partitioned. Here, I would like to state that none of my cousin brothers / sisters are not interested in doing the same. Once the property got the partitioned, i can sell off my share of property to meet the financial needs. Hope, you will help me in solving this problem.
Thanks & regards,
C T mahajan
Anonymous
22 February 2010 at 13:29
IF THE PROPERTY IS KEPT VACANT FOR MORE THAN SIX MONTHS THE OWNER CAN VACATE THE TENANT.
WE ARE TENANT SINCE 1977 PAYING RENT, ALSO REPAIR WORKS AND CORPORATION TAX.
HOWEVER THERE IS NO WRITTEN AGREEMENT BETWEEN US AND WE HAVE PAID HUGE AMOUNT IN 1977 TO LANDLORD AS "PAGREE".
If there is a contract we get security deposit back. In this case we any way gets nothing there is only loss.
Then what about repairs works and taxes we are paying for all these years.
Is there only protection available to the agriculture tenant in the law who even does not pay rent or even more often not tenant but tresspaser whose name has been entered in 7/12?
IS THE ONLY SOLUTION IS TO LEAVE THE PROPERTY, STOP PAYING THE RENT, TAXES, IF THE PROPERTY IS NOT IN USE?
ashwin sharma
22 February 2010 at 11:02
Respected sir,
i want to buy a duplex in bharuch. i have to buy it from the builder. but the issue is that the plot on which the construction is started is not a cleared one. according to builder this plot is under plan revision, so it will be cleared very soon.
when i booked that i paid some small amount to builder. he told me the plot will be cleared and then i will give him the remaining amount other than loan and then we will go for legal documentation.
but after passing 7 months the plot is not cleared, but builder started construction and it completes it upto c level of second floor. now he told me let the court matter continue, i transfer plot on your name and give me remaining amount other than loan. when plot cleared you will apply for loan and i will collect my remaining amount from bank.
so i am very confused about how to deal this issue. because if i transfer plot on my names and plan revision not sanctioned the plot then what happen?
so please guide me to deal this issue. because i never bought plot or land before. so i don't have any idea about what to do.
please guide, i will be very thankful to you.
AwMeAbN
21 February 2010 at 23:38
Hi,
I own a plot which is part of a bigger piece of land and i am the co-owner along with two others.
Recently, one of the other co-owners filed an application for changing the Girdawari in his name and also succeeded in getting the same done from 2000 onwards based on an order by the Tehsildaar (as asst collector first grade) by showing me ex-parte (using the old address on my registry)
I have the following questions :
1. Does the Tehsildaar have power to change the girdawari (Note that he has accepted the application which spans across an older jamabandi)
2. Can the Girdawari of a land-owner be changed under any circumstances if he has not consented to the same.
3. The Girdawari to start with was in the name of all the co-owners and so there was no real need to get it corrected. But one of the co-owners has now got it changed to his name for the entire piece of land eventhough he only owns a fraction of the entire piece. Does this amount to tampering of land records ??
raju
21 February 2010 at 22:12
i buy flat on ground floor 700 sq feet but on ground floor balcony is not shown on sanctioned plan but i requiested to builder to construct otta / balcony after that area is increased by 30 sq feet builder write total room sizes with otta / balcony size in agreement for sale is 730 sq feet. builder construct otta/balcony with three feet height masonary work with extra door to enter in otta/balcony & handover the flat to me after that i fixes grill on otta / balconies masonary work & included in flat & used from 1year. but after that my differences is creat with builder on maintenance amount . can i take actioned against on builder in consumer court for providing & constructing otta / balcony .
maintenance charge is same to all flat.one clause of agreement is "the area of said premises agreed to be purchased by the flat purchaser is on the basis of built up area, the calculation of the built up area includes full thickness of the internal & external walls, passages, toilets, staircases&/or any other area used as an amenity to the said building such as balcony, meter room.the area of flat under agreement is thus calculated to be 730 sq feet which the flat purchaser has ascertained,confirmed & the flate purchaser shall not be entitled to dispute the area so confirmed for whatever reason.
Anonymous
21 February 2010 at 21:24
ON MY FOLLOWING QUERY I HAVE RECEIVED ANSWER THAT: BEING A TENANT FOR LONG TIME WILL NOT GIVE ANY RIGHT. IS THIS TRUE IN CASE OF MAHARASHTRA.
We are tenant since 1977. Since last 12 years the landlord is not paying any taxes or doing any repair work. we are paying the taxes [corporation property tax] since last 12 years. Now the people from the corporation has suggested us to be "BHOGAVTADAR" [MARATHI WORD]so that the bill will be issued in your name directly. Is this legal? should we do this?
At present the premises is not in used. we are regularly paying the rent to the heirs of landlord [who has expired] and also receiving receipt of the same. the premises is very old of stone is mud mortar with A.C. sheet roofing. the repair work will cost more. Is will be economical to build new one. The landlord is not ready to give it to the builder. There is other tenant also on ground floor. One shop is in closed position since 1977.
Can we loose our tenancy right as we are not using the premises? We cannot carryout the office work in present condition of the office. AT PRESENT THE PREMISES IS LOCKED.
Arati Gawde
21 February 2010 at 20:41
What point must be require in any kind of Development Agreement?
raju
21 February 2010 at 19:16
i buy flat on ground floor 700 sq feet but on ground floor balcony is not shown on sanctioned plan but i requiested to builder to construct otta / balcony after that area is increased by 30 sq feet builder write total room sizes with otta / balcony size in agreement for sale is 730 sq feet. builder construct otta & handover the flat to me after that i fixes grill on otta / balcony & included in flat & used from 1year. but after that my differences is creat with builder on maintenance amount . can i take actioned against on builder in consumer court for providing & constructing otta / balcony .
maintenance charge is same to all flat.one clause of agreement is "the area of said premises agreed to be purchased by the flat purchaser is on the basis of built up area, the calculation of the built up area includes full thickness of the internal & external walls, passages, toilets, staircases&/or any other area used as an amenity to the said building such as balcony, meter room.the area of flat under agreement is thus calculated to be 730 sq feet which the flat purchaser has ascertained,confirmed & the flate purchaser shall not be entitled to dispute the area so confirmed for whatever reason.
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Legal Heirship certificate
DearExperts, Kindly advice me on Heirship Certificate.
Mr. A has died without leaving a 'Will" and he has left immovable property worth Rs.40,00,000.
He has left 8 children, 4 sons and 4 married daughters. How can they change the immovable property in their name and sell it?
Through Court(By Heirship Certificate) or Through effecting change of name at SDO(Sub-Divisional Office). Whereas all the advocates are suggesting the Court method, the bond writers who sit outside courts and tehsildar office are suggesting the SDO method. Which one is correct and legal.
Please answer at the earliest.
Thanking you,