Suhas
25 November 2009 at 09:06
A co-operative housing society has levied a monthly charge on an immovable property by passing a resolution in its general body meeting as permitted by bylaw 69 as specfied in the model bylaws. This has been questioned by the member in the co-operative court. court has not decided and the matter is subjudice. Further BMC has not given occupation certificate for the first and second floors of the row bungalow even though construction is done as back as 1994. Can such property be transferred by way of a gift deed by father to his son?
Ajjay
24 November 2009 at 21:26
Dear All
I have a flat in a buliding where the society is not yet formed.
I want to sell the flat, But the builder in demanding Rs. 5Lacs for transferring the flat on the new owner's name.
The sale deed is in my name(stamp duty & registration is in my name)But I want to know that before a society is formed, whether the builder has any right to ask for any transfer fees. If yes, then what is the maximum amount the builder can ask for.
What does the law says? Need help
Regards
Ajjay
raman
24 November 2009 at 21:12
Can a widow owner get back her premises from tenant using 14d of Delhi rent control act-read full before answer? Please explain practical use of Section 14-d, which was inserted in 1988 in Delhi rent control act, according to which if a widow has given a property on rent and if she demands, she can get an immediate recovery of her property. Is it true?When I discussed with 4-5 different advocates, none was aware of this provision. Why is it so that most of the advocates don’t even know about this provision, is it not in practice and if yes why? What is the meaning of word “Immediate Recovery of possession”, how much “immediate” it is? Practically how much time is taken by courts to resole such cases i.e. cases filed by widows under section 14-d of DRC? Can I get some record of Court decisions and other proceedings of such cases during last one year? What if the complainant, i.e. widow dies during court cases? Would her children or legal heir be given the same value by the court or the whole scenario of the case will be changed and the case will go on dragging for decades? Actually my mom is that widow and I am his only son ? I am living along my mother&wife&child and she had a single property of three rooms in her name of which one room my father gave on rent to a widow woman with two child's.i know were she use to live earlier. now she is not even paying the rent, and harassing my mom in different ways? We never entered any written agreement with that tenant and we have never given him any receipt of rent also. Neither we nor he has any written proof of tenancy or rent mutually settled. Actually the rent of that property is below Rs. 3500/--per month. We are thinking of filing a suit against him under 14-D of DRC, we even fear that my mother may be killed by that tenant because she is living alone there in that house. Is there any provision of filing some summary suit in such cases through which we may repossess our property quickly? Please suggest the best, quickest & easiest legal way get our property’s possession back. Plz. help, we are in great trouble.Is my mother's witness compulsory?
Anonymous
24 November 2009 at 21:11
Hi,
I have a girl baby of 1.5 yrs, and my mohter inlaw is ready to transfer the property to her daughters child but not to my child and even she is not willing to share the property with my baby, and my husband is not ready to claim for this.
but my concern is my mother in law did not earn the property which she has in her name, but it was earned by father in law and now he is expired. so Can I put claim on this propery with my baby's name, can anyone of you helpme out here
Anonymous
24 November 2009 at 19:37
Hi,
We stay in a house which was registered on both my Father and his brother's name.
They both have equal right to the property.
My Father's brother famaily (Mama / Chittappa)stay in the ground floor and we are staying in the First floor.
We also have second floor which was given for rent.
We do not have good relationship with my Father's brother recently and we used to quarrel each other.
My father decided to sell the propety to outsider so that My father and his brother will get equal share.
But My Father's brother does not want to vaccate or sell the house and they want to divide the floors as a flat system.
My father do not like Flat system since it is a very old house (70 Years Old) and in future we will definitely have quarrel in sharing the common things like water,Electricity etc.,
We want to sell the house to the market rate but my Father's brother want to buy it to the half of the market rate.
They are no way agreeing for a smooth settlement.
Please let me know how to handle this situation.
Narasimha swamy N
24 November 2009 at 14:31
If in Mortgage deed if it is agreed that Mortgagee should hold the possession till the Mortage amount is paid then can we get it redeemed even after 30 years as specified in period of limitation
Anonymous
24 November 2009 at 12:39
Hi,
BROTHER-IN-LAW has gifted House property to my mother(ITS NOT AN ANSCENTORS PROPERTY).MY MOTHER WANTS TO GIFT THE SAME TO ME(SON).
1) CAN MY SISTER WILL HAVE ANY RIGHTS ON THE HOUSE PROPERTY IS SHE HAS TO RELINQUESH HER RIGHTS ON THE PROPERTY.
2)WILL OR GIFT WHICH ONE IS BEST OPTION.
KINDLY GIVE ME YOUR VALUABLE SUGGESTIONS ON THIS REGARD.
Ankur singh
24 November 2009 at 00:06
i m from Uttarakhand .My grand father got a property from his Guruji as guruji made A 'Will' in favor of my G'Father. My father is only child of his parents . Grandparents passed away around 15 yrs back without making any will . Now we r three brothers and one sister of our parents , all married . i am second of all . no one has any child but our oldest brother is blessed with one son (2yrs) and a daughter (6yrs) . The property is still on Guruji's name and my father has The 'Will' (which i mentioned in very first line) . House and Water tax is on my father's name for last 25 yrs and Electric bill on my Grand father's . now my Questions are following
1. Do we (we all siblings) have the right to fight for our share of property in court ?
2. In case Father dies without making any will then what would be the scene. what share my mother, me and my sister will get .
3. Can my father sell this property to anyone he wishes(without seeking any NOC from his childrens and grandson)?
4. Does the 'Will' lose its validity after certain period of time ?( as both the witnesses are dead now )
5. Can the property be transferred to any buyer without getting transferred to father's name ( puropose is to save money in getting it registered ).
6. Wat is a registered will? wat if my father makes a registered will in my favour ?
7. Can my bro's son claim for his share in property ?
8. I m living in different city and bro living in the same house with parents . now parents want them to live seperately . As per law can my parents ask them to live at their own ? or do they have a legal right to live in the house ?
looking for appropriate 'point wise'answer in the soonest manner
Ankur singh
24 November 2009 at 00:01
i m from Uttarakhand .My grand father got a property from his Guruji as guruji made A 'Will' in favor of my G'Father. My father is only child of his parents . Grandparents passed away around 15 yrs back without making any will . Now we r three brothers and one sister of our parents , all married . i am second of all . no one has any child but our oldest brother is blessed with one son (2yrs) and a daughter (6yrs) . The property is still on Guruji's name and my father has The 'Will' (which i mentioned in very first line) . House and Water tax is on my father's name for last 25 yrs and Electric bill on my Grand father's . now my Questions are following
1. Do we (we all siblings) have the right to fight for our share of property in court ?
2. In case Father dies without making any will then what would be the scene. what share my mother, me and my sister will get .
3. Can my father sell this property to anyone he wishes(without seeking any NOC from his childrens and grandson)?
4. Does the 'Will' lose its validity after certain period of time ?( as both the witnesses are dead now )
5. Can the property be transferred to any buyer without getting transferred to father's name ( puropose is to save money in getting it registered ).
6. Wat is a registered will? wat if my father makes a registered will in my favour ?
7. Can my bro's son claim for his share in property ?
8. I m living in different city and bro living in the same house with parents . now parents want them to live seperately . As per law can my parents ask them to live at their own ? or do they have a legal right to live in the house ?
looking for appropriate 'point wise'answer in the soonest manner
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Which Date to be considered for Purchase?
I have a question about Date of Purchase of property. Which of the following is considered as date of Purchase?
(1) Date of making initial/final payment? If payment is made in installment as per stage of construction/completion.Say for instance initial 1st payment is made in sept’05, and final payment in March’06
(2) Taking over the possession of the flat? With duly signed agreement and Stamp duty paid in March’06.
(3) Registration of the property—and what if registration is yet pending.
Kindly Guide me.