Ujwal
17 April 2018 at 16:53
I want to purchase a property of died lady having a husband and a minor son.. what all documents i need to purchase a property and what is the procedure?
George
17 April 2018 at 13:41
Any rule for the construction of farm compound wall abutting road.
Anonymous
15 April 2018 at 23:32
I have query that
if father has inherited land in Maharashtra as ancestral property and has 6 children. one of his son has given some money to him for day to day needs and medical expenses or some other necessary need from 40 years and other children didn't gave anything, so in consideration of this can father transfer some portion of land to that son who taken care.
1. does son's son (grandson) who are not dependent on son has also right in inhereted property of grandfather?
2. can father transfer such land by way of sale deed to him (Son who taken care) ? if so.
3. does it necessary to take consent or no objection of other 5 children while transferring such land by sale deed? if so
4. out of 5 children 4 has given consent or ready to sign deed as witness to transfer such land one has not given his consent whether such transfer can be challenged in court.
5. can i seek legal advice (in the form of Legal report or legal opinion) in respect of above matter by paying consulting charges?
Ganesh Ram
15 April 2018 at 18:03
• 4 brothers A,B,C,D jointly bought a plot and made an unregistered partition deed
• Using this partition deed, they got CMDA approvals and built houses in their marked partitions - 30 years back
• All of them have been paying Property Tax,EB, etc for their houses on individual names
• D alone got a separate patta also for his partitioned area
• Now when D tries to sell his house, other brothers are objecting that they need to give NOC.
• Their contention is that since the partition deed is unregistered, it is still joint property.
• D’s contention is that since
1) house building approvals were obtained using the partition deed that clearly shows their intent to live separately in their marked portions,
2) all the tax, etc are being paid for 30 years on individual names for their individual houses and
3) he got patta for his portion on his name,
these tantamount to clear ownership establishment and partition deed becoming
fully valid. So he doesn’t need their NOC for selling his house
Question: Can D go ahead and sell his house to an outsider without NOC from his brothers?
Dhaval Gohil
14 April 2018 at 23:44
My chawl is located in Thane District. Its almost 100 yrs old with 8 tenants 300 sqft house each and was owned by a TRUST. Recently the trust has given the rent collection and redevelopment rights to a Builder. The builder now interested in redeveloping however he is asking us to take cash and move out or giving space in some other locality which is far away. We need your support to understand our rights, My Questions: 1) Is 390sqft ok or we can ask for more - around 450 ? . 2) We do not want to move out of our current locality and need developed flats at same space.. what should be our stand ? 3) what are our rights in such case ? 4) builder is asking us to pay development charges for the area which we currently occupy.. is that fair ask ? 5) we have told them that we need 390 carpet MIN and whoever needs extra can pay additional.
Anonymous
14 April 2018 at 14:53
• 4 brothers A, B, C, D jointly bought 6 grounds and made an unregistered partition deed amongst themselves, marking their individual partitions as “A”, “B”, “C”, “D” (1.5 grounds each)
• Using this partition deed, B & D got CMDA approvals and built houses in their marked partitions, viz. in “B” & “D” respectively - 30 years back
• A & C did not build any house in their portions. So “A” & “C” are still vacant
• D’s family has been living in the first floor of the house built by D
• As C did not build a house, C and his family moved into the ground floor of the house built by D
• D was paying property+water tax, EB for entire house as these were on his name
• A few years back, D died in a road accident
• With Legal Heir certificate, E (wife of D) transferred property+water tax, EB, etc on to her name
• E also registered a Release Deed from her sons, transferring their portion to her.
This Release Deed clearly describes the partition deed, her partitioned plot,
CMDA approval for building the house & her full ownership of the property
in “D”
• E also applied and got a Patta for “D”, citing the Registered Release Deed, Legal Heir Certificate, Property/water tax/EB receipts, on to her name
-------------------------------------------------------------------------------------------------------
• E wants to sell the house, but C, who is living in the Ground Floor of “D”, is objecting to this and is not ready for any settlement, claiming it’s a joint property and E cannot sell it without NOC from A,B and C.
Questions
1. If E puts a case to evict C, how long it will take to come to a result? How many years such cases normally take?
2. Can E sell the house on ‘as-is-where-is’ basis and ask the buyer to take the risk? After the sale, will E be still accountable if the buyer tries to evict C by force?
3. Can E disconnect the utilities (water, electricity) to the house, forcing C to vacate? If C goes to police, can E say C is a trespasser/squatter and ascertain her rights?
4. Can E obtain demolition certificate from CMDA saying that she wants to reconstruct the house giving the reconstruction plan. After obtaining the demolition approval, can E start demolishing the house forcing C to vacate? Will C be in a position to give a criminal complaint against E?
gautam
14 April 2018 at 14:46
hi.. I am residing at Ghatkopar Mumbai . I purchased 2BHK flat in housing society in 1999,. I have all documents of sale deed between me and first owner. The first owner was tenant in chawl where new building is constructed. the agreement between first owner and developer was dated December 1983. they had given original document for registration at old custom house , Mumbai. At the time when I purchased flat in year 1999... the first owner gave me copy of document and registration receipt and at that time no body in our society had got original registered document from registration office as all documents at that time used to go to Pune. so I was having only original registration receipt of previous agreement. in 2012 when all member were collecting their original document from office ..I found that my receipt for same was lost so I could not get my original previous agreement . now I have share certificate in my name, I have my all sale deed agreement with previous owner duly registered. our society has got conveyance too. I want to know if I want to sell my flat now.. is my tittle is clear? what I have is share certificate and my registered sale deed with previous owner in 1999 but what I don't have is original registered previous document of 1983 as I have lost receipt of same and don't have xerox of that receipt too so I don't have document number and registration date. please guide me...thank you.
Gourang M Haldipur
13 April 2018 at 23:21
If a stranger purchaser purchases the undivided shares in a HUF immovable property, is there any time limit fixed by law for him to file a suit for general partition and possession against those coparceners who have not sold their undivided shares.I am told that the stranger purchaser has to file such a suit within 6 years from the date of his purchase of the undivided shares. Kindly guide.
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Inherited property
Hello,
I am Vignesh from Chennai. My Mother passed away recently and she has a plot (2400 sq ft) with ground floor & first floor house build. The property is registered under my mother's name.Myself and my older brother would be inheriting the property. Both myself and my brother have a liking for ground floor house and not keen on taking first floor house.So in this case, my suggestion was to have the complete property registered under both myself and brothers name, from mothers name instead of having first floor house registered to one person and ground floor registered to another person.Is this a possible option?
If not, please suggest other possible ways to work this out.
Thanks