Anonymous
12 February 2018 at 12:35
I have bought a 3 bhk flat in my name under home loan from LICHFL. Now I want to add co-owner(my wife) to the said property.1)Is it possibe? If yes how?
2)can I gift 50% by hibanama.
3)Is there any way I can make my wife legal possessor of the property?
Manoj Kumar Singh
12 February 2018 at 12:10
Dear All
In 2016 in the case matter of Indrani Wahi ( Appellant ) Vs Registrar of Coop. Societies & ORS (Respondents ) with Civil Appeal No. 4930 of 2006 ( Page 20 of the judgement) the decision has come as under :
" Nominee of Deceased Member is absolutely entitled for the Ownership by transfer, Co-op. Soc. can't challenge the right of Nominee a settled Law of the land. No legal heirship, court order or succession certificate is required.
The Cooperative Society has no option whatsoever, except to transfer the membership in the name of the nominee, in consonance with Sections 79 and 80 of the 1983 Act (read with Rules 127 and 128 of the 1987 Rules). That, would have no relevance to the issue of title between the inheritors or successors to the property of the deceased.
It shall however, be open to the other members of the family, to pursue his case of succession or inheritance, in consonance with law.
Here my query is whether the above Supreme Court Verdict will also be applicable in the case of MCS Act(Maharashtra Cooperative Soc. Act) as in the above case the judgement has been made against West Bengal Coop Soc. Act Act
Please revert on the same at the earliest.
Thanks & Regards
Manoj Kumar Singh
Mob
Can around 10 persons claim title to the property of a partnership firm by filing consent terms after fighting in court against each other for 40 years.. Not one of them has any succession certificate or proof that they are in anyway related to the deceased partners... So strange that court has passed a consent decree based on consent terms.....
Syed Faisal
11 February 2018 at 20:39
respected expert
my father have mortgage house property to my uncle for availing a vehicle loan , there after the bank have subsequently sanction two unsecured loan triple the loan amount of first secured loan , my father is dyeing subsequent unsecured loan where the bank has shown him a guarantor , in mean time the bank has also got recovery certificate for unsecured loan , my father also have file criminal compliant against bank and borrower for sanctioning subsequent loan with using secure loan document of my father and forgery of document where trail court issue the process against bank manager and borrower
now the bank has initiated action under SARFAESI ACT for secure loan and mortgage house property
, my father also has given settlement offer for secured loan on condition of foreclosure of mortgage property but bank has refuse to settle by saying that ,since my father is guarantor for all three loan he is require to settle all the loan account , now the amount of all three loan account 4 times the value of property , and bank can taking on house property only respect to first loan my question is
1) can we get remedy from DRT under section 17 that the bank should foreclosure house property after settlement of secure loan account.
2) can we get redeem our property once we settle the mortgage amount.
3) can we do writ petition in high court.
if any suitable remedy available please guide me.
Anonymous
11 February 2018 at 18:06
MY FATHER DIED IN YEAR 1989 .I AM IN SOLE POSSESSION OF THE PROPERTY .I HAVE IN VESTED 70 LACKS IN THE YEARS 2010 .
CAN MY OTHER SIBLINGS CLAIM THEIR SHARE IN THE SAID PROPERTY NOW .MY MOTHER IS USA CITIZEN .SHE ALSO CLAIMED SUIT FOR PARTITION
WOULD I GET MY MONEY BACK .
WOULD I BE EVICTED FROM THE PROPERTY .
WOULD THE PROPERTY BE SOLD AND DISTRIBUTION DONE .
Md Abdul Rab
11 February 2018 at 13:04
Dear Sir,
बचपन में मेरे माता-पिता ने मेरा नाम राकेश रखा था और मेरे इसी नाम पर कुछ जमीन खरीदा था। जब मैं बड़ा हुआ और स्कूल में दाखिला लिया तो स्कूल के प्रधानाध्यापक ने मेरा नाम बदलकर मोहम्मद अब्दुल रब कर दिया था। मेरे सारे कागजात इसी नाम से है। पुराना नाम से कोई कागजात नहीं है। लेकिन मैं अभी भी पुराने नाम से ही जाना जाता हुं।मेरे माता पिता अभी जिंदा है। अब मैं क्या करूं। कृपया करके उचित सलाह देने का कष्ट करेंगे।
धन्यवाद।
मोहम्मद अब्दुल रब
6200319021
WhatsApp 9546564540
Dinesh Kandpal
10 February 2018 at 19:06
Our society registered in 2009 but taken over from builder in 2017! Builder collected transfer charges from seller in this period but now society is asking such buyers to pay 25000 again? What are the rights of such buyers to not pay transfer charges? Pls guide.
Devaraj
10 February 2018 at 10:37
Dear sir/madam
At District court level last 2years back in our land case Tribunal members only called for settlement illegally and even they said that AC will get some bribe and give order to one party and after we will sale through them to a builder, but we are not agreed to that proposal later they did what as they said, actualy the land is a Inaam land schedule caste and land grantee is my grand mother father but by forged document some people included their name in RTC even my grand mother's sister also support for this ilegal activity, and now we objected in the high court of karnataka where the writ appeal final hearing is going on from 2016 ( actually 3 parties involved in this case including my grand mother), my question is after objection from our side court not taking our case to hearing, as i absorbed before objection case hearing was speedy, my doubt is may be Political influence is the cause of delay. Is influcence and money matters in High court. My grand mother 85+aged lady from last 45 years she dreaming to get justice.
Gift deed to corporation not done in an approved layout plot
Hi,
For a vacant approved plot purchased in Chennai, the approach road to reach the plot is, to pass through 30feet road, 24feet road and then through 20feet. All these roads/passages are appearing in the approved layout. When construction plan was applied to CMDA, the officials stated that 20feet road is considered as a passage, but 24feet road has to be handed over through gift deed to corporation by the land owner. This was not done by land owner at the time when this land was divided into plots and approved. Now the land owner is hesitant to reach out to concerned officials (plot approval was done by councillor) to perform this gift deed process. As CMDA not approving on construction plan, is there a way out to move forward to overcome this issue.