ajeet bhandari
12 October 2009 at 17:12
Recently i had bought property sold by bank through auction . Constructed building is 5 floor.I had already paid 25% towards cost of property.
Now i understood that building constructed on it is Unapproved and Unauthorised.Unauthorised construction was not mentioned by bank in there advertisement of auction Where as they had mentioned "As is where is Condition".Now i understood that only 1+1 Floor is approved construction.So please please suggest me remedy for this problem and let me know the defination of As is where is co9ndition.
sarin
12 October 2009 at 16:09
Hello Sir
We bought a flat as joint owners, thats me and my younger brother and the property is in our names, now we want our elder brother also to be one of the owner in it, what is the process, do we have to get any deed and do the registration process again or will any power of attorny signed by me and younger brother do.
Sarin
Ramesh
12 October 2009 at 13:33
Dear LCI forum members,
I AM SORRY IT IS "HINDU SUCCESSION AMENDMENT ACT. 2005"(not 2009).
The following is the Query/Discussion raised by Mr.sahadev k, as am interested to know/see the logical end of the Discussion; Especially in contest of A P state.
QUOTE:
**"I thank all who responded. I am aware that four states AP,TN,KARNATAKA AND MAH passed amendments at various dates . These acts restricted eligibility of daughters married or born after a certain date. The Central Act of 2005 removed the restriction on date of marriage or birth etc. I request all to go through the following judgements and get updated please.
1. DAMALANKA GANGARAJU AND OTHERS VS . NANDIPATI VIJAYA LAKSHMI AND OTHERS- AP HIGH COURT, 21ST MAR, 2007
2. SUGALABAI VS.GUNDAPPA A MARADI AND OTHERS -KARNAKATA HC 18TH SEP, 2007
3. PRAVAT CHANDRA PATNAIK AND OTHERS VS. SARAT CHANDRA PATTNAIK AND OTHERS ORISSA HIGH COURT - 12TH MARCH, 2008
4. N JANGI REDDY AND OTHERS VS YELLARAM NARSIMHA REDDY AND OTHERS 3RD OCT, 2007.
Thus all restrictions on date of marriage ,date of birth before,unmarried have been struck down after the above judgements. Also the supremacy of the Central Act of 2005 over various state amendments has been upheld in the above judgements.
Now this leaves with only one question i.e, the Madras HC judgement that a Hindu lady's father should have passed away after 29-3-1989, when the act was amended in TN. Here, Central Amendment Act, 2005 makes it clear that Section 6 of the Principal Act stood substituted by the new section 6 and for all practical purposes, the new Section 6 will have to be read as having been incorporated into the Principal Act from day one itself.
His Lordship Justice Vivian Bose in the case of Shamrao V. Parulekar v. DistrictMagistrate, Thana, Bombay AIR 1952 SC 324 which observations as under :
" that the rule is that when a subsequent Act amends an earlier one in such a way as to incorporate itself, or a part of itself, into the earlier, then
the earlier Act must thereafter be read and construed as if the altered words
had been written into the earlier Act with pen and ink and the old words scored
out so that thereafter there is no need to refer to the amending Act at all.
So is it not that the new section 6 of Central Act of 2005 is part of Hindu Succession Act, 1956 from day one itself ?"** UN QUOTE.
BY sahadev k, posted on 22 june 2009 is not answered can Learned forum members concludes this please.
With regards.
kaushikphm
12 October 2009 at 12:19
Dear Sir,
My sister and myself plan to partition our property which is in both are owners.
I am going to take a shop in the groundfloor. The shop which is rented, my sister received some amount from the tenant of the shop and tenant is adjusting her rent for the debt and she is not having money to pay principal amount to release the debt. She is advising me to receive monthy rent by her from other tenant without disturbing the said tenant for some month after partition. She has been issuing monthly rent receipt to the tenant.
Please advise me whether we can accept her advise.
jankidas
12 October 2009 at 12:18
BACKGROUND :
When the sons were minor, certain ancestral agricultural lands were partitioned and registered in the name of the father , two out of seven brothers, grandmother, and mother to save the same from land ceiling. The remaining agricultural land remained in the name of the father, though it is ancestral. The books of account are common for all the income from various assets though registered in different names. The income tax return is filed separately for partitioned assets in the name of the brother, mother and in the name of the father which also has rental income from shops.
QUERY:
Now Sir, my query is:
(1) What is the status of the land received by father on partition ? Whether it is individual or H.U.F.?
(2) Whether the brothers in whose name the agricultural lands were registered to save it from land ceiling , do still have right in the non partitioned agricultural land(standing in the name of the father )? If yes, what will be the status of the land so received by the sons on its partition -individual or H.U.F.?
Thanks.
k.chandrasekharan
12 October 2009 at 12:14
A registrar in a presidency town registers conveyance deed covering property in a different state. He does not forward a copy of the deed to the jurisdictional sub-registrar. Consequently, no entry in the encumbrance certificate appears. Bona-fide subsequent purchaser suffers litigation from the original owner. what is the status of the property ?
CS Sandip
12 October 2009 at 10:19
Dear Advocates
Plz suggest me on the below given matter.
After the Separation of HUF family of 3 brothers they want to divide their HUF land withing them legally. Actually they have given by Panch (some ppl of village) dividation of land as per their own choice. Now there is dispute and elder brother wants the share given to other one brother against his own share. On that basis he is not ready to make legal dividation and regiter the land on each name.
Their father and mother ready to trf. land on his sons name bt problem of elder brother they cant do so. He is not giving consent/ sign for such trf.
1) Wht should the wayout for this trf. of property on legal heirs.
2) Can father make any will of property ?
3) Without consent of elder brother other two brother can or father can trf his property to his sons?
plz reply me.
Waiting.
rohit
12 October 2009 at 01:04
Our society (Resgitered as per MCS 1960) while recently resurfacing the compound grounds has also covered the garden area. The original plan shows the part of the compound reserved for garden.
What are the Impications ?
Is the society managing committe flouting their powers?
Can the BMC impose penalty on the entire society ?
Do the members have any fall back to this high handed almost unilateral decision of the managing committee ?
rohit
12 October 2009 at 00:15
Am resident of a Mumbai Coop Hsg SOc registered under MCS 1960 and follow the NEW BYE LAWS.
We own two adjacent flats & would like to join them
1. Is this permissible under the BMC laws
2. Do I need managing committe permission
3. If yes, can i still maintain two seperate electric meters and therefore enjoy the lower slab charges for consumption
4. Anything i need to keep in mind
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