Anonymous
10 December 2009 at 17:06
My grandfather expired in 1996 without any will. he had 2 son. at that time son A name was registered in the society registered as nominee. Son B was staying in the same flat. Son A has suggested to share the property between A & B. As A was away from the flat B in cooperation of society was trying to sale the flat. However Son A got a injuction order restraining society to transfer the shares of the original owner in the name of Son B. This was around 1997. Now both Son A & B are no more. But Heir of B who is a married daughter has occupied the flat and not ready to sell the flat and share the amount with heirs of son A. Now the society also say that The only nominee is son B and not son A. and will only deal with heirs of son B.
What are the options available with heirs of son A to get their share [Half share as appliable]and prevent the society to do any favour with heir of son B.
Anonymous
10 December 2009 at 16:52
Dear Sir/ Madam,
i come accross a case that my client has booked a flat in a land where only three people has UDS share in that my doubt is why cannot we bound the uds of the land lies under the flat in the sale deed (the Flat is like a individual house)
Anonymous
10 December 2009 at 16:48
My father has taken a office on rent in 1974. he has paid a lumpsum amount as pagri to the owner. the owner and father both are no more. I am still using the office and paying the rent to heirs of th owner and taking receipt in my name. however we are paying all the municipal taxes and repair works for last 10 years. At present the office needs a repair work in order for me to work there. It will cost much. I am planning to shift my office instead and keep my document and files in the old office. Do I still have any right in the property? can I sell my tenancy rights?
considering we are paying all taxes and had given pugri is there any relief for us? there is no written agreement between my father and the owner including about the amount pugri paid. However our names are registered in municipal assesment record as tenants.
NAYAN THAKORE
10 December 2009 at 16:09
I am leaving in a bungalow owned by my mother in law. Upto 1985 the bungalow had 1100 sq ft constructed area on the ground floor and 470 sq ft area constructed on the first floor. In 1985 I spent Rs 1.8 lakhs and additionally constructed 440 sq ft area (2 rooms and 2 bathrooms) on the first floor. This was done so that bungalow can be divided into 3 flats, 1 for each sister, one of whom happens to be my wife.
(1) The youngest sister has about 800 sq feet area on the Ground floor.
(2) My wife who is the middle sister has about 660 sq feet area on the First Floor
(3) The eldest sister has 550 sq feet area (330 sq feet on the Ground Floor and 220 sq feet on the First floor.
The mother stays with the youngest sister. The youngest and the eldest sisters got their flats ready made while I invested the amount stated above. I only got 220 sq feet readymade.
There is agreement , between the sisters , on stamp paper, prepared by a lawyer that I have spent the above mentioned amount for the stated purpose.
Is it possible to divide the property amongst the 3 sisters as per their present use, after the mother in law's death.
Can you guide me about the procedure to be followed for division of the property.
Thanks and await an early reply
Anonymous
10 December 2009 at 16:02
we came to know about the agricultural land which belongs to my great grandfather. His name is still on the 7/12 extract. however we have not paid any revenues after his death [30 years] as we were not aware of this property. Abuilder has approached us who is interested in the property. He says there are tenant [legal / illegal] in the property. He is offering us 25% of the market value for the property considering the revenue dues and tenants. but he is not ready for agreement to sale and insisting for mou. He also says he will only give 10% of the money [out of 25%] as initial signing amount. Can we proceed further? what should be the main clauses? can mou be registered? we dont want any iltigation regarding tenants and revenue department in future. Aslo if we want to rgister our name in the 7/12 what will the appoximate amount required to clear the revenue dues till today. the property is around 6 acres in thane.
Please give us you valuable opinion.
gb dayma
10 December 2009 at 10:55
Dear Sirs,
Can you please inform the rate of stamp fees applicable in Delhi for mortgage by deposit of title deeds?
Kumar R
09 December 2009 at 23:44
Hi,
I am buying a flat from a builder. The Builder has GPA registered from Landowner.
The Landowner 's property is ancestral and the partition deed is registered in his share. The landowner has 2 children and 3 grandchildren. all 3 grandchildren are minor.
In the Sale agreement by builder, the landowner + his 2 children and has mentioned 3 grandchildren. Now I am applying loan to SBI and they have pointed that minors are invloved in the sale of property, how their interest is protected. Actually the SBI 's legal opinion laywer mentioned in the opinion that minor's interest is not exist.
Builder says as abundant caution these names are included. ( I dont know the meaning of this).
The SBI's legal opinion laywer discussed with Bank manager and then in turn with builder as well.
Now builder has given a letter stating that the names are included as abundant caution and minor's have no interest and the landowner is the owner of the property.
Please confirm if this is ok?
Nilesh Shah
09 December 2009 at 20:39
I had purchased a plot of land in Gujartat,in the year 1987 & later on a co-oprative society was to be formed amongst the plot purchasers. The sale agreement is executed & the entire purchase consideration has been paid by me. The sale agreement was not Registered.
I have now come to know that the seller of the plot has sold the plot purchased by me to someone else & has also granted possession of the same to the other purchaser.
The defence of the seller (builder) is that since the sale agreement was not registered I am not the purchaser of the plot. He is willing to return me only the purchase considertion after a period of more than 20 years.
Is the defence of the seller tenable in law ? Can I be considered as a purchaser only if the sale agreement is registered ?
I want to claim the refund of the present market value of the plot.
Please advice.
Sincerely,
Nilesh Shah
E Mail: nilesh63@vsnl.com
pratyu
09 December 2009 at 18:30
Sir, We havve a vacant plot in my name,we had not gone to that place for 4 years and when i went there last week i saw that the neighbour has occupied 3 feet land from my plot and built a compound wall.I would like to know the correct way of taking action before talking with anyone about this matter,please kindly advice me in detail about resolving this issue.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Regarding service matter
Regarding suit for possession and damages
My father died intestate suddenly during 1989 leaving a property in Delhi having built up three floors. There are three legal heirs including widow mother. In one of the floor I am residing alongwith my family. My sister wants to grab entire property through my mother for which on her provocation my mother filed a suit for possession and damages against me on the basis of a Will in a plain paper. My father died at a very young age suddenly. In another case due to their ill-intention I had filed a suit for permanent injunction in which decree granted to me and bother the two legal heirs given in writing in the court that they admit my possession and will not try to dispossess me. In view of the above facts, please advise me on the following querries:-
1. Can suit for possession and damages filed against me still have any merits or it will now be rejected automatically by the court.
2. Can my mother is entitled to file the suit for possession and damages against her own child who is one of the legal heir of the property.
3. What are the main conditions for filing suit for possession and damages and what kind of further course of action is required to be initiated by me.
4. Relevant court judgement on the above cited subject matter.
In reply to my aforesaid querries posted on Ist December,2009, Shri Raj Kumar Makkad, Expert had replied my above said querried on 2nd December,2009. In view of his reply I would like to clear the following points as mentioned below:-
1. Is it mandatarily required to probate the Will for claiming suit for possession and damages ? Pl. mention the relevant rules(books) and judgement related on this subject matter.
2. Since the property is on lease against the properties left in East Pakistan and in your opinion the same shall be regarded as an ancestral property, request pl. refer me to the relevant rules/books where the same is mentioned and if any judgement exists in this regard.
3. Why the suit cannnot be filed/maintainable without declaration ? Relevant rules/judgement on this subject matter may be referred to.