Ram
02 May 2009 at 17:55
Dear Sir
I am residing at Tamilnadu. My father expired on 2000 after writing aregistered Will during 1995.My mother died before he died.I have two sisters.I am a only son to him My had indicated in that Will that he had settled all my 4 sisters by way jewels and cash .Since he settled them as above,he had given rights to me to enjoy property. Even after 1995, my father used to give them cash and some land register on them.In spite of all, whether my sisters can claim equal rights in the above said property in the Will as i have not done name transfer from my father ? and they are married before 1995 . In fact I am Physically handicapped person Hence my father has given this rights in these property . Then whether can i change name transfer using this Will and whether this Will is enough to do name transfer
sampat mane
02 May 2009 at 00:18
we have purchased a flat in year 2006 which was under construction and occupied it in 2008 after complete construction of our 2 wings. The builder had proposed to build 8 wings of which he has completed only 2 wings and rest he is not building due to reason unknown.
He had promised duringthe booking a maintenance of rs. 1.50 psft.Now he has beens sending a maintenance bill for Rs. 2.50 psft which also includes property tax.
We have asked in vain the account / basis of levying all these.
Who gurantees the property tax is paid?
We have yet not received any Occupation certificate?
He had promised various things while booking but have not delivered like garden, seating arrangement. his plea is that the gove authorities have grabbed the part of land meant for the facilies.
what are our rights? How can we fight?
sampat mane
02 May 2009 at 00:17
we have purchased a flat in year 2006 which was under construction and occupied it in 2008 after complete construction of our 2 wings. The builder had proposed to build 8 wings of which he has completed only 2 wings and rest he is not building due to reason unknown.
He had promised duringthe booking a maintenance of rs. 1.50 psft.Now he has beens sending a maintenance bill for Rs. 2.50 psft which also includes property tax.
We have asked in vain the account / basis of levying all these.
Who gurantees the property tax is paid?
We have yet not received any Occupation certificate?
He had promised various things while booking but have not delivered like garden, seating arrangement. his plea is that the gove authorities have grabbed the part of land meant for the facilies.
what are our rights? How can we fight?
Hemant Joshi
30 April 2009 at 17:27
My grand father died in 1961 leaving a house and few pieces of agriculture land intestate. Then those properties were transferred in Gram Panchayat record in the name of my father, his brother (my uncle) and my grand mother. After the death of my grand mother some where in 1970, still the said properties on the record of government are in the names of my father, my uncle and my grand mother, in 7/12 account.
My father expired on 31-12-2008 making a will in my favour in respect of those properties which he inherited form my grand father. My father had six sisters, four alive and two dead. After the death of either grand father or grand mother the properties were not sold, transferred, alienated or divided. But the as per government records, the properties are in the name of my father, uncle and grand mother as per 7/12 records.
My questions are: 1) All the sisters of my father or their heirs would have the equal right in those properties or my father and my uncle, only two would have rights, as the government records shows the names of my father, uncle and grand mother? 2) On the strength of the will of my father, will I be able to claim my rights in those properties after inducting my name on the government records?
Please reply and oblige.
H. Vijaychandar
30 April 2009 at 10:13
This is in connection with a provision regarding the letting-out of common areas in an apartment complex consisting of 12 flats at Bangalore.
Two out of the 12 members of the soon to be formed society are not in favour of such letting out, whereas the other 10 are and have stated so and have conveyed their acceptance of the same.
The question that I wish to ask is, is a majority sufficient for including a clause for the same sufficient, or is unanimity essential?
I am including the text of two sections of The Karnataka Apartment Ownership Act, 1972 which the two different 'groups' are relying on to insist on the necessity of unanmity and the requirement of only a majority, respectively.
6. Common areas and facilities.- (1) Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the Declaration. Such percentage shall be computed by taking as a basis the value of the apartment in relation to the value of the property and such percentage shall reflect limited common areas and facilities.
(2) The percentage of the undivided interest of each apartment owner in the common areas and facilities as expressed in the Declaration shall have permanent character, and shall not be altered without the consent of all of the apartment owners expressed in an amended Declaration duly executed and registered as provided in this Act. The percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains, and shall be deemed to be conveyed or encumbered with the apartment even though such interest is not expressly mentioned in the conveyance or other instrument.
(3) The common areas and facilities shall remain undivided and no apartment owner or any other person shall bring any action for partition or division of any part thereof, unless the property has been removed from the provisions of this Act as provided in sections 14 and 22. Any covenant to the contrary shall be null and void.
7
(4) Each apartment owner may use the common areas and facilities in accordance with the purpose for which they are intended without hindering or encroaching upon the lawful rights of the other apartment owners.
(5) The necessary work of maintenance, repair and replacement of the common areas and facilities and the making of any additions or improvements thereto shall be carried out only as provided herein and in the bye-laws.
(6) The Association of Apartment Owners shall have the irrevocable right, to be exercised by the Manager or Board of Managers, to have access to each apartment form time to time during reasonable hours as may be necessary for the maintenance, repair and replacement of any of the common areas and facilities therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common area and facilities or to another apartment or apartments.
16. Bye-laws and their contents.- (1) The administration of every property shall be governed by bye-laws, a true copy of which shall be annexed to the Declaration . No modification of or amendment to the bye-law shall be valid, unless set forth in an amendment to the Declaration and such amendment is duly recorded and a copy thereof is duly filed with the competent authority.
(2) The bye-laws shall provide for the following matters, namely:-
(a) The election from among the apartment owners, of a Board of Managers, the number of persons constituting the same, and that the terms of at least one-third of the members of such Board shall expire annually: the powers and duties of the Board; the compensation, if any, of the members of the Board; the method of removal from office of
members of the Board; and whether or not the Board may engage the services of a Secretary, a Manager or Managing Agent, and specifying which of the powers and duties granted to the Board by this Act or otherwise may be dele
AJIT KAWATKAR
29 April 2009 at 11:17
the landlady is share-holder of plot-ownersco-op hsg.socty.in 1990 she gave her plot for to a developer on "devmnt.agrmnt."{Rs.20/-ppr.not regstered.}the bldg.was completed in 1994.total-14apartments.landlady got 2aptmnts.free in lieu of her ppty.she has only possession letter-no agrmnt. my sister purchased 1-aptmnt.from devper.on "Agrmnt,for sale"-stamp-duty paid ®sration done immediately.Till today Appmnt.declaration is pending because landlady has no agrmnt.of her 2-apprmnts.hence no stampduty is paid;{.this is as per devper's opinion] now my sister has decided to sell her Apprmnt.&has found a purchser.his lawyer is saying since she dose'nt have "Sale deed" either she requires "ConfirmationDeed' from devlper or have to pay stamp duty-{?defecient].kindly advise.also let me know whether landlady is liable to pay stamp duty since she has not purchased her Apprmnts. her name still reflacts in PPTY.CARD.
company worker
29 April 2009 at 08:18
My Father bought some property in the name of my sister when she is 3 years old.Sale deed is in the name of my sister.Now my sister is major and she is trying to sell the property.I need experts valuable opinion.1.What is the nature of the property ? 2. Is it self earned or ancestral? 3.Is my sisters children can claim equal share in the property? 4.Is my father have the right to claim back the property? Is nature of the property changes according to the conveyance?
jach000019
25 April 2009 at 19:10
on the basis of the WILL of my late father i.e of the year 1998(which is not registered and not yet probated) and as per the WILL flat premises which was purchased by my father during his lifetime and was in his name, was given to me and my younger brother and shop premises was given to my elder brother which was purchased by my father during his lifetime in the HUF name as he was the KARTA (i have the copy of the agreement with me ) shop receipt also reprtesent his nme as KARTA under HUF but the share certificate of the shop was in the name of my father and my elder brother jointly, therefore on the basis of the WILL, we all the 7 legal heirs i.e 4 elder sisters(all are married before 1990) and we 3 younger brothers, mutually accepted the will and duly executed and notarized the joint affidavit (with notary's book no. on it) regarding AACEPTANCE OF THE WILL and jointly executed the affidavit/consent/NOC regarding the distribution of the assets among the legal heirs but when i had given the application to the society (in the year 1999) for transfering the flat premises in my and my younger brother's favour on the basis of the WILL alongwith the NOC of my other legal heirs. my elder brother took the objection to the society regarding not to transfer the flat premises in my and my brother's name stating WILL executed by my father and his given ACCEPTANCE OF THE WILL and NOC( jointly notarizd) for the flat premises is bogus therefore flat premises should not be transfered in his younger brother's name (i.e me and my younger brother) therefore my society stopped the procedure of transferring the flat in our favour similarly me and my younger brother also given the stop transfer letter to the concerned society for not to transfer the shop in his favour mentioning that as he has stopped the flat transfer in our favour therefore shop should be transfered only after getting our fresh consent but as the share certificate of the shop was in the joint names of my father and my brother name, the concerned society duly deleted the neme of my father from the shop's share certificate,and after the period of 7 years we i.e me and my younger brother filed a case against the society in the dy.registrar for getting the flat transfered in our names and dy.registrar after scrtinizing of all the documents i.e notarized consents of the heirs and persuing all the documents i,e WILL and ACCEPTANCE OF THE WILL OF THE LEGAL HEIRS, NOC of the others legal heirs for transfering the flat in our favour, dy registrar gave the decision in our favour and issued the order to the society that since WILL and ITS ACCEPTANCDE AND NOC of the legal heirs is not negatived by any court therefeore the flat should be transfered in our anme that is me and my younger brother's name threrefore society should transfer the flat.subsquently soc, also allotted us the membership of the society and also transfered the share certificate in our names. now my brother has filed the revesion application before the joint registrar and the matter is pending therefore i would like to know what the deceision joint registrar can give as the flat already has been transfered in our name, is in our possesion of me and my younger brother and we are paying the outgoing of it to the society similarly socieyt is also issuing the receeipt in our name,on the other hand shop is in the possesion of my elder brother and the share certificate also on his name as the name of my father has been deleted he has given the shop on rent and enjoying the rent amount similarly flat premises is in the possesion of me and my younger brother and we are paying the outgoing of it to the society similarly socieyt is also issuing the receeipt in our name.
(1) what the decesion joint registrar can
give in this regard when the flat
premises has been already transfererd.
(2) will there be any need of probating
of the WILL?
(2) after the gape of 10 years does my
brother can chellange t
jach000019
25 April 2009 at 14:26
in mumbai, under redevelopment of ch.hsg.soc, is it possible to get 2 flats with separate entrance instead of 1 bigger flat from the developer, is there is any problem for the society to issue 1 additional share certificates for the extra flat. in my case i have the carpet area of my existing flat i.e 700sq.ft.carprt having the 1 share certificate standing in the names of me and my younger brother but now after redevepoment the area of my flat will be 940 sq.ft. i.e 240 additional area will be given by the developer/builder but now i want to get 2 flats of 1 bhk having the area 470 sq.ft. carpet of each flat with separate entrance. therefore is it possible to get 2 flats as per the law and will society issue the extra share certificate for the extra flat wihich i will get after redevelopment.
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Property right
Dear Sir
My father who died on 2000 has made all settlement thro' registered Will in which he has authorise to enjoy the property ( agricultural land) his only son and also mentioned that he had settled his 2 sisters by the way of cash and jewels. The year of Will register is 1995 during which all sisters were got married. Now one among the two sister wants to go court for claim the father property by equal rights due to jealousy whereas other sister has accepted that father had given enough settlement by way of cash and jewels.Now the above property is still in the father name.But all other control under me incl. property tax receipts. She may stop the name transfer also. In this case, if she go to court, what will be the result? Or what is your advise to execute property as per Will.