Anonymous
11 July 2018 at 15:54
dear sir
i have one old flat.. i want to sale this ..
but in our flat scheme.. any member does not have sale deed. major member at time of booking only pay some amount and balance on monthly installment.
after 20 year.. still we didi not get dastavje. or proerpty document. builder died.. not contactable..
now i want to sale this ,, but due to loan not possible and no document, i can not able to sale proerply
so plz help in this issue..
pranab majumdar
10 July 2018 at 15:39
We the landowners were waiting for our flat for long time as per agreement.Now the developer is ready to give us the flat. Possession letter should bear the flat number or not?
pl.advice.
Anonymous
10 July 2018 at 14:39
Dear Experts,
Kindly suggest me your opinion in the below case. I would like to know the merit of "B". Thank you.
CASE HISTORY :
“A” sold immovable property of agricultural land survey no. 1, 2 and 3 to “B” through a valid registered sale deed in the year of 1983, in the state of Andhra Pradesh.
Later on 1991, by undue threaten force by “A”, “B” agreed to sell the same immovable property to “C” (by threaten of “A” & “C” together). While drafting the sale deed “C” dictated the document writer to mention survey numbers as 1, 2 and 4 (mentioned no.4 instead of actual no.3), and full sale consideration was received by “A” (third party) and the same sale deed was registered with SRO, by signing “A” as 1st party seller & “B” as 2nd parity seller.
FACTS OF CASE :
1. While drafting sale deed, “C” mentioned “A” as first party to the sale deed, signed and registered document accordingly. “B” (legal owner) also signed on registered sale deed as 2nd party.
2. As per registered sale deed, complete consideration received by “A” (ex-owner alone), a third party where he has no legal rights on property.
3. In the said sale deed, none of the sellers have legal rights to sell on survey no.4. “C” wrongly mentioned survey no.3 boundaries to survey no.4 and got it registered with Sub-Registrar (survey no.3 not sold).
4. By fabricating documents and bribing to Tahsildhar office staff, “C” got mutation on survey no.3 (which is not legally sold & not registered in favor of “C”) instead of survey no.4.
5. From 1983 to upto date “B” having EC on his name for survey no.3 along with sale deed. But “C” is having illegal possession of the immovable property.
6. Tahsildhar office staff given endorsement to “B” to approach Civil Court when “B” applied for mutation & pattadar passbook on his favor for survey no.3 (which is illegally recorded on “C” name in revenue records now).
7. With corruption, “C” got mutation and pattadhar pass book from Tahsildhar office without having registered sale deed / title deed for survey no.3.
8. Tahsildhar not verifying the title documents and not doing legal act. He simply endorsing “B” to file a civil suit on “C”. They have given illegal mutation & pattadhar passbook to “C”, by considering “C”s illegal possession.
NOW THE QUESTIONS ARE :
a) Can “B” file a suit for NULL & VOID Contract case for entire sale deed which got registered in favor of “C” (i.e. for survey no.1, 2 and 4) in the year 1991 (around 26 years now), based on the ground that no consideration received by “B”, and “A” have no legal rights to sign the sale deed as 1st party seller & to receive entire sale consideration alone from “C”? If yes/no, under which Act & Sections/Provisions?
b) Can “B” file a case to get transfer mutation & pattadhar passbook in his favor for survey no.3 for which he have update of EC & sale deed in his favor (after 35 years from the date of registration)? If yes/no, under which Act & Sections/Provisions?
c) Can “B” file a private complaint to get the property into his possession which is almost 26years under illegal possession of “C”? If yes/no, under which Act & Sections/Provisions?
d) Is there any supporting case laws for all of the above situations?
e) Is there any other legal remedies in this case in favour of “B”?.
Ranjit Ghorpade
10 July 2018 at 11:19
My family members are share holders of a pvt ltd cinema theater company can we buy this property and demolish the theatre for construction of new project
Struggling Landlord
10 July 2018 at 10:34
I have executed Compromise Decree (in Boanafied Need Case) under that decree there is clause about vacating block which is binding to both which says
Clause 9 "In case of PLAINITFF (LandLord) needs the block then he will give 6 months notice to defendant ie his tenancy will be terminated and defendant shall vacate piecefully within 6 months failing which plaintiff can seek due legal procedure for getting vacated and defendant is liable for damages from date of termination."
Events : In 2012 Bonafied Need Case filed (u/s 16(g) of MhRent Control Act 1999) in 2012, at the time of WS/reply of defendant both parties executed Compromise Decree before Mediation..with above clause 9 regarding vacation"
Then
After 4 years (2016) since we needed a shop so we gave written letter to defendant in Oct16.. then after 8 months ie in Jun17 we refunded / transferred the security deposite directly to his a/c along with letter of intimation and ask him to vacate as per clause 9.
Tenant refused by sending letter along with cheque of our SD in Jul17.
Then in Sep17 we filed decree for execution...
The defendant counsel is arguing before hon'ble court that as per Clause 9 the plainitff shall prove the need again before court"
But my lawyer says since defendant has accepted compromise in earlier bonafied need case that itself implies that he has accepted the need of landlord and voluntarily executed the compromise decree to avoid litigating expenses/ to keep co ordial relation.... So as per Clause 9 .. the need of LL is not required to prove again ... and the meaning of using legal procedure is to file execution case... and get it vacated...
Citation Refered (AbedAli / Devidas Bombay HC 28Sep2011) Hon'ble Bhatkar Judgment
This forum in earlier querries helped me a lot .. thanks once gain to all (I got interim standard rent in one of my std rent case)
Now once again most respectfully I seek expert advice about my above querry... (I am fighting with this tenant since 1986... he is since 1976)....
thanks once again
Bharati
09 July 2018 at 23:34
Which one is Valid WILL, earlier one with court registration or the later one with registered notary?
biju
09 July 2018 at 21:15
Dear Team
Can a Catholic Church or Dioceses acquire land in Mumbai or Palghar ( Specifically) for use of burial or cemetery purpose under their Trust name without violating Indian law and under proper legal process.
Please suggest your expert comments and right guidelines towards this propose .
Thanks & Regards
Biju Vakkachan
Anonymous
09 July 2018 at 21:10
Dear all,
If a lady/female recieved properties (land/house) from her mother/father side.
Now the lady have 2 daughters, can this lady give her properties, received from her mother/father side, to one of any daughter through registered Will?
What law says is it legal.
Santosh Kale
09 July 2018 at 18:11
Respected Sir,
We had a room in chawl system in Mumbai. The room is in the name of My Late Grandmother. After her, there are 6 heirs of that room. But my uncle has claimed himself the ownership of that room which was in SRA scheme. He destroyed all our proofs i.e ration card, electricity bill & rent bills before 1985. He made new documents in his own family only.
After development, there is built a building & society is formed. Now the society wants to know heirs names with proofs. But we have no proofs to claim that flat except death certificates of my grandfather & grandmother & we have a document of our village farm 7/12 extraction in which all heir names are included.
Kindly advice.
With Regards,
Santosh Kale
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Possibility to file null & void contract case
duplicate thread, deleted.