BAIJU KUMAR ROY
23 February 2018 at 13:06
Respected Experts, I wanted to know that can a member of a Co-Operative Society build flats as per West Bengal Co-Operative Society Act & sold these flats to different people
Many people say that on the sale deed one of the witnesses should be an ADVOCATE. How far this is legally correct.
On the stamp paper names of first party and second party are to be mentioned. Please advise in case there are 4 joint owners purchasing a property, whether names of all joint owners are required to appear on the stamp paper against the column SECOND PARTY or only name of the first joint owner will appear and there will be no problem. that is WHETHER it is mandatory to show names of all 4 joint owners on the Stamp paper to make it a valid sale deed.
Anonymous
22 February 2018 at 20:37
I have a 1.50 acre Land in AP. I got it from My Father (S.Narayana) as legacy. It is an ancestral property. I have pattadhar passbook.
Its Survey number is 335-10.
Due to childrens education, i shifted to City 5 years back. I left the Land vacant.
By taking this advantage My neighbour Farmer took the possession illegally.
They are Not allowing me to Enter Land With Thier local political Power.
I went to Advocate and filed permanent injuction suit and Court sanctioned temporary injuction order. During Court proceedings opposite Party submitted Sale deed claiming this Land.
Facts of Sale deed:
Year:1974
S. No: 335/2
Claimant: D. Devudu
Executant: S. Ramarao
Out of 9 acres in Survey number 335/2,
1.24 acre Sold by S. Ramarao to D. Devudu.
Facts of Survey number :
As per available revenue records,
1958 revenue record Shows as 335 Survey number is sub divided into 335/1 and 335/2.
335/2 is of 9 acres and owned by 6 members namely,
1.S. Rambabu
2.S. Atchanna
3.S. Venkanna
4.S. Apparao
5.S. Lakshmanrao
6.S. Suryarao
Relationship between 1st person S. Rambabu and 3rd person S.venkanna is Elder son and Father.
S. Venkanna has two sons.
S.Venkanna's younger son is S. Venuswami.
S.Venuswami Has one son, His Name is S. Narayana.
S. Rambabu has one son, His name is S.Ramarao (executant in Sale deed).
Remaining 4 are others.
In that Record each one share is Not mentioned.
But off the Record 6 People Partitioned Land. Partition done orally. No written Document is Not available.
In 1967, 335/2 is re-surveyed and sub divide as 335/5 to 335/12. In 1967 revenue Record , 335/10 is of 1.50 acre is in the name of S.Narayana(son of S. Venuswami). Whereas S.Ramarao Name is Not mentioned in 1967 Record.
Sale deed executed by S.Ramarao in 1974.
In that Sale deed new Survey number for 1.24 extent is Not mentioned. Old Survey number 335/2 is mentioned.
I have submitted These Details to My Advocate. He said there is no Problem With that Sale deed. It is thier Problem to prove Sale deed is related to our Land.
It is very clear That Prior to Sale deed(1974), We have revenue record 1967 clearly showing 335/10 is in the Name of S.Narayana. Where as sale deed is executed by S.Ramarao who is Not the Owner of Survey no:335/10.
They might purchased other Land in 335/2 out of 9 acres. They are claiming your Land by showing other Land Sale deed. No Need to worry, WE will get permanent injuction.
I Need experts view on this case. Please Express Ur opininon.
Himasagar T
22 February 2018 at 00:29
I am female resident of Andhra pradesh. My father expired in 2015 without writing any will for open plot (own property). we didn't apply for succession rights. Now My mother and 2 sisters want to release/ relinquish their shares to me without any money consideration. My plot market value is around 20 lakhs. Will release deed and mutation is sufficient for transferring their rights to me? 0.5% registration fee is clear but what will be the stamp duty to release among family members without money consideration in my state?? kindly help me..
Anonymous
21 February 2018 at 18:48
Hello,
What would happen further if exparte order been passed against the builder of not been present in all hearings of RERA and then RERA shoots exparte order against him for compensation.But the builder doesn't reply or obeys RERA order .Is there any further way that RERA can force the builder to obey the exparte order if no response from builder?
Anonymous
21 February 2018 at 18:31
The case is as under :
The appellent is the youngest sister amongust 6 sisters and three brother and mother. Belong to hindu family.
Her father has purchased the following properties.
1) Land measuring 4 acres and 8 guntas,
2) Land measuring 12 guntas,
3) Three houses measuring around 9000 sq ft and 6 rooms,
4) Commercial shop measuring 3200 sq ft,
5) iquidity in the gold shop.
I need suggetions on the following queries.
Youngest sister is the appellent.,
a) She got married in the year 1995
b) Her father died in the year 1972 when she was in the womb of her mother.
c) he died without making any will regarding these properties.
d) ne of her brothers has given her a mere 3 guntas of land under a gift deed and in that he has taken signatures of the appellent as not to ask for any share in the remaining properties. the gift deed is not registered, mearly a noteried document in the year 2012.
e) she has fied a suit under Hindu succession act,,section 6 (Karnataka amendment section 6(A) ).. on 16 Jun 2016.
Please clarify whether her brother who has made a gift deed can have the signatures , and deny her right on the share of her in her fathers owned remaining properties.
Pallavi
20 February 2018 at 17:01
Can anyone buy and make tenancy transfer on his or her name for two rooms in different buildings.
Or I m the owner of flat still can I purchase tenancy transfer on my name
baskarvs
20 February 2018 at 16:49
Sir, My sister entered a unregistered lease agreement(Bogium agreement) with the hourse owner to the period of 11 months, and paid Rs.45 lakhs with no interest and no rent basis.Near the end of the period( last year janurary) my sister asked house owner to repay the amount so as to she can evict from that house.But the house owner not willing to repay the money, and try to pledge the property in bank. so approach court and got injunction order. After we got injucnction order, the house owner mortgaged the property in one of the nationalised bank to the amount of Rs,25 lakhs. we file a os suit againt the house owner and court decree favour to us that the honourable court notified that my sister is a lawful tenant and she cannot be evicted any unlawful means. The house owner didnot repay the loan so the Bank issued paper publication. We approached bank and said all the details, but the bank refuse to listen any thing from us. They said that they didnot bother about any thing, by the serfaeci act they will take possession of property by informing to distric collector , and evict us with the help of police if we refused to evict.. Is it possible to evict us even the court decree favour to us. what is the legal shield to our sister. please expect you advice.
Joint ownership and joint home loan
Dear Experts,
Me and my brother jointly own a flat in mumbai. As he didn't had enough money to buy his 50% share he applied for a home loan with SBI, Our shares are not defined in sale agreement done between us and the builder, but I am the First owner in the sale agreement. I paid my share by selling my under construction house. Even though he has sufficient income to pay the Emi's, Bank asked for co-applicant as per their rule. So I became the co-applicant in the home loan. Since then the EMi's are paid by him only.
Now due to some family disputes I don't wish to stay with him. I offered him his 50% share with the equivalent appreciation on it, but he refuses to leave. The offer he is giving is too low as per market rate of today. I also offered to sell it to third party and share the consideration in return, that too he refused. He said he wont leave the house nor will sell. I am stuck in between as I am not getting my money or property and also have home loan liability on my head. My income is that much, I can't even go new home loan because of the present loan going on.
In the above situation what legal action I can take to come out of it. Is there anyway to come out the home loan burden at least. I can transfer my share to my wife, if required. Kindly help.
Thanks in advance