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.
Anonymous
20 February 2018 at 13:28
My grandfather Has 2.78 acres of Land in srikakulam district in andhrapradesh.
He is cultivating this Land from past 40 years. He got this Land from His father.
But he didn't know how His father got this Land. He didn't have any proof for this Land.
He didn't pay any land tax till now. Recently revenue officers visited this Land for doing Survey and said it is in some others Name.
After enquiry revenue officers found pattadhar is Not traceable and put this Land as notional khatha in online records.
From past 40 years My grandfather is cultivating this Land.till now No person came by claiming this Land as Thier own land.
So please guide me how to get this Land into My grandfather Name into revenue records.
Anonymous
20 February 2018 at 13:19
In partition sole plaintiff and sole defendant had equal 1/2 shares inter Middle defendant died his wife left him prior to his death now his father, sister (plaintiff) and son of the plaintiff are class-2 lrs no class-1 lrs how shares will be allotted
Vijay
19 February 2018 at 19:03
Hi Team,
I have finalized buying of one SRA house(token is also given). I was looking to get all things checked and agreement creation, registration etc and someone who can guide me to get the buying of the house done in a manner that covers me for any risks.
Please let me know if there are any experts in Kandivali /Borivali /Malad area.
Thanks,
Vijay Dave
Anonymous
19 February 2018 at 00:04
To All learned Advocates
My question is about Paghdi system Rent payments.
My mother is owner of house which is in paghdi law that is 50% Ratio. Which means on sale of such house we will have to give 50% to landlord.
Apart from it we pay monthly rent of Rs 360 being paghdi house.
My main question is that suppose we live with relatives and give this paghdi house on RENT to some third party are we liable/ obliged to pay such 50% of Rent income toblandlord as per ratio according to Paghdi system?
Anonymous
18 February 2018 at 21:32
Sir ,
very much Thank full to you for your quick & prompt reply. But Sir problem is When Will holder went for the mutation in city where the Will is registered with authorities.. The other legal heirs were also called at the time by the department of revenue.. They were stuck by the authorities due to objections filled by other legal heirs of family.Then case started in lower courts but will holder always escapes himself from notices. On the other side will holder went to other state for mutation of property .the revenue department never called the other persons And property is changed without Probate papers. Is this a right process or there will be some other methods use by them.............
Anonymous
18 February 2018 at 21:29
Sir,
iam owning a land for 14 years ,and paying land tax for all these years, i only have an adharam and adiadharam.can i sell this property without pattayam.
and what should i do to get pattayam
i have 1 acre 27 cents of land in which only 1 acre and 5 cents is with me other 22cents are captured by other neigbours that surrounds how can i get it back.
i went to the village and they asked me for bribe what to do.and how much does i have to pay for pattayam and will i get all my total land back
Samir Parekh
18 February 2018 at 20:06
There is a Regd WILL & Nomination for a flat since 2010 in my favour executed by a Sr. citizen.
Now in Feb-2017 the testator and who lived together with spouse in that flat, both passed away with a gap of 20 days.
There are two step sons of the testator who are staying apart from their parents since last more than 2 decades.
In March 2017 I intimated the Society about my claim through an Advocate through Regd. Post.
All the Communication was made through regd post as Secretary was not allowing to visit his residence in person who has also denied me that there is any nomination in my favour.
Society did not responded to that notice hence I gave a reminder. After two months Society gave reply through their Advocate that as I am not a blood relative of deceased member obtain probate of the said WILL.
I clarified him again that Probate is not applicable in our area as it is beyond the territory limits of Original Civil Jurisdiction of Bombay High Court. Refer Section 213 read with 57.
Later they didn't gave any reply to that letter further I filed a complaint with Registrar of Coop Societies in Oct-17.
First hearing was held on 11.01.2018 where Society submitted their say that they require Legal opinion from the Registrar on the points mentioned below:
1.Applicant has not applied for membership on the basis of Nomination but he applied as per WILL
2.As WILL is too old whether Applicant needs to obtain the Probate?
3.NOC from two step sons of the deceased member required?
4.Paper notice in newspaper is required?
I submitted my say on second hearing on 15.02.2018. I mentioned that though Society was aware,that deceased member has appointed me as trustee and my nomination was registered in society's record why society unnecessarily delaying the transfer.
Society purposely delays the transfer, not cooperating with me therefore they should be held liable for the delay and financial loss, mental stress & harassment caused to me.
I requested the registrar to award me a deemed membership as society has not given me any reply to my application membership. or as per the nomination.
The Lawyer through whom I filed a complaint was known to Society's Advocate. Both wanted to exploit me financially even Society's Advocate has demanded Rs.50000/- for transfer that too in advance.
Now I am fighting this battle alone.
Possession of flat and original title documents and share cert. in original is either with my wife or the step sons.
I have filed a police complaint for misplace, lost or stolen of the said title deeds & Share cert. but the police did not registered a FIR as its a Civil matter. They gave the acknowledgement for complaint.
I know since there is a valid WILL and nomination no one else would become the member. But officials of society is purposely creating delay.
There is a ongoing dispute between me and my wife since 2015 which Secretary & Chairman wants to exploit.
Society has informed to the deceased member's two step sons about the WILL. They raised objection to it and requested society to transfer the flat in my wife's name.
Now Society somehow succeeded in delaying and stretching the matter for one year may be more without any reason.
Now, I seek your help or guidance to penalise the secretary & Chairman for the financial loss caused to me due to their delay in transferring the flat.
Along with the said complained with Registrar, can I file a compensation suit in from the society for the financial loss as the flat carries a commercial value and I could have let it out. Next date is on 01.03.2018. Registrar also needs to act fast but he is also lethargic & not sensing any priority. Please advice.
SAMIR PAREKH
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Daughters right is father acquired properties
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.