Anonymous
09 March 2019 at 17:50
Who is liable to pay the transfer charges towards purchase of flat in a Co-op Housing Society within Mumbai. Is it the Seller (out going member) or the Buyer (incoming member) - Thanks
pankaj kumar garg
08 March 2019 at 17:07
Dear Sir
i brought a house in the name of my and wife name , she subsequently died , now i want to sale the flat , we have two children now both are adult, i want to know
1. can we three able to sale the flat by going into the agreement and take money equally.
2. since my wife died without well , do we need any certificate
or we have to do any other formality , please suggest
with regards
pankaj
Yadagiri. K
08 March 2019 at 13:37
Hi Everyone,
Recently we came to know that as per revenue records My grand father has Protected Tenants Rights for Extent of 5 Acr in Telangana, Ranga Reddy District.
So please advice as a legal heirs how can we go further on this PT Rights as my Grand Father was expired long back.
SG SIDDESH
08 March 2019 at 10:31
In continuation of my query dt.07th March 2019 on the above subject, I would like to further ask the following clarification:
Myself and my brother want to sell our portions of the property together (Sister is retaining her portion). If the Gift deeds in our favour by our mother has to indicate the actual measurements that is in our possession since 1954, which is more than what is indicated in the original Title Deed (Mother Deed), on what basis do we have to fix the price? For the actual measurements that is in our possession or for the measurements in the original Title Deed? How do we evaluate the extra land?
I thank Mr.Satyanarayana for his prompt reply.
Anonymous
07 March 2019 at 20:11
My mother, now aged about 82 years, had purchased a house situated in a site through a registered sale deed at Mysore, Karnataka, on 11th October 1954 from a gentleman, who had got the Title Deed for that property on 16th December 1940 by City Improvement Trust Board, Mysore. In his Title Deed (Mother Deed) the dimensions were indicated as: North to South - 90 feet and East to West - (89 feet + 70 feet)/2 In the Sale Deed between by mother and the original allottee, same dimensions were indicated. But, in reality the actual possession was more. My mother is in possession of the property to the extent of : North to South - 90 feet and East to West - (108 feet + 83 feet}/2 right from the day of her purchase i.e., 11th October 1954. We have been paying house tax to these measurements from the very beginning and she has got Khatha also for the actual holding. In the records of Urban Property Ownership Records Office, actual holdings have been recorded after an Official survey by them. Now, my mother wants to gift the property to her two sons and a daughter through three separate Gift Deeds taking care to see that all the three children get almost equal share. Now, my question is whether the sum total of the dimensions of the divided properties should equal the dimensions of the actual larger holding or restricted to the dimensions indicated in the original Title Deed (Mother Deed)? If we have to restrict the dimensions to the original Title Deed, then what happens to the extra land that is in our possession since 1954? This extra piece of land is towards the Municipal Conservancy on the Eastern side. I may add here that the boundaries i.e., Chakbandi of the property tallies with the ground level position, Now City Improvement Trust Board is not there. In its place Mysore Urban Development Authority (MUDA) is there. Please advise how we should go about the documentation.
Mohammed Rizwan Shaikh
06 March 2019 at 23:22
Respected Experts,
A partnership firm consisting of 4 partners having share as 30:30:30:10 holds 35% share in a land. A builder/ developer purchased 30:30:30 from the partners via registered agreement in 2014 and 10% share from the divorced wife of the partner via notarized MOU without the knowledge and consent of the partner in 2013.
The said MOU was executed on the basis of 2 fake Power of Attorney's of the partner. When the partner was alarmed, he filed WP in the High Court of Bombay in 2015 against the builder & others on his and firms behalf. As the matter did not come up for hearing due to long dates, the developer went ahead and appointed a sub-developer to develop the land in 2016.The partner expired in 2017.
The developer produced only the agreement of 90% share holder with the MCGM to get his file approved and not the 10% MOU . The sub-developer constructed 22 floors and is waiting for OC from the MCGM.
The last wife of the partner is still alive, she filed CS in the HC to become a party in the said WP and also filed complaints with the Municipal Corp. not to issue Occupation Certificate by showcasing how the fraud has been committed by the builder/developer and the divorced wife of the partner. .
Any judgments will be really helpful.
1.The builder completed the purchase of the land on false and fabricated MOU of a divorced wife, Is the sale/ deal complete with the partners and valid in the eyes of law?
2. What legal recourse is available with the financially deprived last wife and widow of the partner.?
3. The Advocate of the deceased partner states that nothing lies in WP, you will have to withdraw and file a suit?
4. Is there anyway to stop the developers file from further movement?
5. WP is still pending in the HC. Should the last surviving wife amend the WP and bring the fraud committed by the divorced lad and the developers?
Experts, please help and guide....God Bless
M. R. Shaikh
Anonymous
06 March 2019 at 14:18
I got a divorce decree in a UK family court on mutual consent basis from my wife. As per terms of settlement, she has to transfer her part of ownership rights in a jointly owned flat at Bangalore. As she is unable to come to India at present, it is decided that a POA will be executed by her through Indian embassy in UK. However, I want to know answers of a few questions in this regard.
1. Divorce degree is already finally given. Now the question is will I be able to get lower stamp duty benefits in India , if a gift deed is executed by her poa ?
2. What should be the status to be shown in POA while executing it in UK before Indian embassy, an ex-husband or simply husband ? If ex-husband is shown, will it affect lower stamp duty chances ? If simply husband is shown, it will be factually incorrect as divorce decree is already given.
3. It is almost 6 months have already passed when the divorce decree was pronounced in UK family court. Is this decree needs to be ratified in Indian court also for the purpose of remarriage and other property related transfers.
4. Please suggest other appropriate methods to save on stamp duty charges.
Anonymous
06 March 2019 at 03:45
Hello
I recently did MoU with one to purchase a plot. And paid 90 percent of amount.Mou mentions if I am unable pay the amount within stipulated time owner of plot is not responsible and owner have to do separate arrangements of plot to sale.mo mentions nothing on money back. Per pradikaran who's plot being sold cannot be sold for 5 years unless some specific conditions. Owner will only do Power of attorney and assignments deed. Is MoU legal?
For some reason I have to cancel the plot deal now. Will I get my money back? How shall I tackle this.
Regards
Nasir
Anonymous
05 March 2019 at 23:45
Respected sir,
I have query regarding Mhada master list
Person has been given transit camp after old building demolished now he has filled form for master list
1) after applying for master list person died natural death the person has made will of this same property to non blood relative person
So on the basis of that will can he take legal heir certified or succession certificate and flat can be allotted to person
His children ready to give noc
Please kindly give suggestions
Thankyou
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