Latha
04 December 2017 at 18:23
Sir,my mother received a property from her sister which was registered as settlement deed.My mother registered it in my name also settlement 3 years back.Now my brother and sister are trying to file case for their share.The question is
1,Can they file case against this settlement deed even after the time 3years have passed?
2,Will they get a stay to block the property from sale,if so how many years can they stay or continue the case
3,my mother stays with me now
Anonymous
04 December 2017 at 14:50
1. Mr. A has given the registered power of attorney to Mr. B for selling his immovable property for "X" amount.
2. Mr. B has sold the said property at a price higher than amount "X" to Mr. C and has retained the excess amount with him and remitted the "X"amount to Mr. A..
Query:
1. Whether there is any legal consequences?
2. What will be sale value for Mr. A?
Anonymous
04 December 2017 at 14:42
My Father was a TENANT in trust property. After his death rent was paid and my mother was acknowledged as TENANT.All rent receipts were in her single name though other family members son/daughter etc. were staying in this house.This property was leased out to builder for REDEVOPMENT. In exchange builder agreed to give my mother single named TENANT A new flat with extra b/up area after paying a certain amt. My mother agreed, took a loan from bank against her and her husband's personal investment -(FD) and paid builder from her own funds and no one else. New flat was allotted BUT in the agreement, since I was married but my mother out of sheer love for her son and out of mercy, allowed my brother, his wife and son to stay with her in this new flat as he didn't have the means to stay independently and support his family nor rent or buy a separate house on his own. So when the agreement was made by builder, my mother's name was 1st as OWNER MEMBER in same and also on share cert of CHS. in Pune. Also since my mother was getting old, she thought it prudent to have her son's name incorporated in agreement at 2nd place as a safe measure. Son died INTESTATE and left behind his son i.e. my mother's GRANDSON. Pl. confirm under above circumstances can this new property be classified as her "SELF ACQUIRED PROPERTY" being the ORIGINAL SINGLE NAMED TENANT in which capacity she acquired this new flat and paid independently from her personal FD the diff. amt. to builder. My mother has executed a nomination form. 1. My name Daughter. 2. My Husband's name (her son-in-law) 3. her (1) grand son only as 2nd grandson (My brother's son and my brother's wife both abandoned my brother and left this flat 15 years ago and never cared for him or my mother and never returned to stay in this flat eversince till date. So his hame deliberately omitted from Nomination form and will of my mother.
4) Her grand daughter and 5) My Brother.(Her son). A remark is made on form "SHARE EQUAL "IF SOLD". This is accepted by Society. After death of her son, she got his name deleted officially by society officials which they did. Society also gave her an NOC agreeing to delete her son's name from society records and also NOC to mutate his name and incorporate my name (Her daughter) in Property tax records. This is actioned and property tax receipts and bills are coming in 1)My mother's name and (2) My name. Now my mother too expired last year. She executed a Registered will as per Law with 2 witnessnesses and doctor's cert etc. in correct fomat naming it as her WILL AND LAST TESTAMENT and all signed in presence of Registrar's office. In will she gifted and bequeathed her property etc. to me (her daughter) and my Husband as over the past 15 years we both have been taking care of all her needs and hospital bills, medicine grocery, tiffin, burea maid 24X7 to stay with my mother when she was alive as we were working then. After retirement we discontinued the maid service and I stayed with my mother and my husband looked after her and both our needs. Till now my brother's son was silent and did not care. BUT NOW all of a sudden he has been instigated to claim his father was a JOINT and EQUAL OWNER of this flat AND is threatening us to give him money = 50% of the market selling price wihch I'm sure is not due to him. Am I right. We offered him a huge amt. but what ever amt. we put forth does not seem enough for him and his greed for money is driving him to take the deceitful path by lieing, pinning false allegations on us, saying he will go to any extent to prove the GENUINE WILL FALSE by declaring that my mother was not in her senses (False statement as she was a teacher and intellegent right till the moment she died). He further states that I her daughter pressurized her to make the will whereas she made it off her own accord as per her own wish and last desires anticipating that after her death my brother's son will create a scene and disrupt our peace and create problems. All along he and his mother and family were waiting for my mother to die so that they can grab my mother's property and not allow me to stay in my parents home to whom my mother bequeathed her flat since we took great care of her over the years and no one else. Now the greed has increased and he is claiming he is liable to get not 50% of market value of this property BUT 75% SHARE i.e. 50% of his deceased father saying he was the owner as his name is on the agreement and all payment receipts, etc.whereas this was my parents property and all Property and society related payments concerning this huse and then new flat, were made by my father earlier and then by my mother, independently with no contribution what so ever from her son or any one else.
till she was alive. What does the LAW SAY. a) IS THIS MY MOTHER'S SELF ACQUIRED PROPERTY. YES/NO. Pl. cfm. b) Considering existance of Nomination form as above and will also WHO WILL GET HOW MUCH % SHARE WITHOUT SALE OF THIS PROPERTY. I do not want to sell my parents property entrusted to me with original docs etc. and instead wish to peacefully stay in it. But instead, the grandson now threatens to barge in the house in our absence, break the locks and will come and forcefully start staying in my mother's flat saying he has every right to stay in this flat which is undesirable and a threat to us senior citizens (me and my husband). his mother has also expired and he himself is officially divorced. so now only he and others named above are left. Pl. guide me as per LAW about his share whether he is entitled to get it from my mother's self acq. property or nothing is due and how to proceed and get him off our back as he is making our life miserable and we oldies are in tremendous mental tension and stress.
PL. HELP ME AND REPLY TO ME BY E-MAIL AT THE EARLIEST AND OBLIGE. THANKS.
Anonymous
04 December 2017 at 13:36
The flat resided by us is in my Mothers Sisters name
we are staying in the society from more than 45 years
do we need to pay non occupancy charges asked by the society now .
Is any rule passed in latest by law
Anonymous
03 December 2017 at 23:55
My husband died 3 years back, i am 74 years old, my husband made registered will around 7 years back, as per his registered will ,i am absolute owner of the house located in kanpur, i was staying with my son family after the death of my husband in the same house, but my sons behaviour was very bad towards me so ultimately i had to leave the house and now i am staying with my married daughter, now i want to sell the house and i ask my son to show the house from inside to the prospective buyers, but he is not at all cooperating wtih me and is not interested to sell the house.
I do not have any proper place to live, i have other son, who is abroad,for the time being i am staying with my daughter.
Please help me and let me know what can i do in this situation.
Kmedu
03 December 2017 at 12:47
Dear Experts,
Thirty years back a person purchased property throu GPA. Then immediately that person sold away the property to my Vendor. Now I want to purchase the property from my Vendor.
Now I want to regularise the transfer already done throu GPA. What can I do and how it has to be done.
Kindly advice me.
Thanks in advance.
krishna
02 December 2017 at 12:22
Dear sir,
we are 3 brothers and 2 sisters.
my father got 3 acres from his father by inheritance.
he died 30 years back.
recently 3 acres mutated into my mother's name.
presently my mother health is in bad condition.
i heard that if father died before sep 9 ,2005 , daughters will not get any share as per hindu succession act ,2005.
so please guide legal process before death of my mother.
and also suggest no of shares for partition.
Manish Vijay Kulkarni
02 December 2017 at 10:02
Respected Sirs / Madams,
Unfortunately, my mother passed away last month. The house that we live in is in her name which we purchased in year 2000. I need to get the house transferred either to my Father's name or my Wife's name. Can anyone please guide me the legal procedure for this activity. I have a sibling and she does not have any objection to the transfer.
We stay in Dombivli, Mumbai surburb.
Inputs will be helpful as we are not getting correct guidance locally.
With warm regards,
Manish Vijay Kulkarni
Rajendra Kumar K V N
01 December 2017 at 20:40
This is regarding the flat booked by me in Bangalore, during June 2015
Query no. (1) As per Karnataka state Gazette, dated Tuesday, 11th July 2017, Chapter V, on page 9, Section 16, which is reproduced below for your kind reference,
Inline image 1
rate of interest payable by promoter is State Bank of India's highest marginal cost of lending plus two percent.
But as per Gazette of India, dated Saturday, 26th March 2016, Page 4, section 2, sub-section (za), (i)which is reproduced below for your kind reference, rate of interest payable by promoter is
(za) "interest" means the rates of interest payable by the promoter or the allottee, as the case may be.
Explanation.—For the purpose of this clause—
(i) the rate of interest chargeable from the allottee by the promoter, in caseof default, shall be equal to the rate of interest which the promoter shall be liable to pay the allottee, in case of default;
(ii) the interest payable by the promoter to the allottee shall be from thedate the promoter received the amount or any part thereof till the date the amountor part thereof and interest thereon is refunded, and the interest payable by the allottee to the promoter shall be from the date the allottee defaults in payment tothe promoter till the date it is paid;
Please inform me which is to be followed in Bangalore, state of Karnataka.
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Query no. (2) And whether it is to be compounded monthly or quarterly, or half-yearly or annually. Please inform me.
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Query no. (3) In one of the clauses written in sale agreement made at the time of booking the flat, the promoter he says that he will increase the price by 15%, if the customer delays payment by one month. This is an extremely one-sided clause. Now, since (as per section 13 (2) on page 14 of Gazette of India, dated Saturday, 26th March 2016), which is reproduced below for your kind reference,
(h) the form and particulars of agreement for sale under sub-section (2) ofsection 13;
in model SALE AGREEMENT, page no. 19 paragraph no. 31,which states that
31.SAVINGS: Any application letter, allotment letter, agreement, or any other document signed by the allottee, in respect of the apartment, plot or building, as the case may be, prior tothe execution and registration of this Agreement for Sale for such apartment, plot orbuilding, as the case may be, shall not be construed to limit the rights and interests of the allottee under the Agreement for Sale or under the Act or the rules or theregulations made there under.
AND also since, as per Gazette of India, dated Saturday, 26th March 2016, Page 4, section 2, sub-section (za),which is reproduced below for your kind reference, (i) rate of interest payable by promoter is
(i) the rate of interest chargeable from the allottee by the promoter, in caseof default, shall be equal to the rate of interest which the promoter shall be liable to pay the allottee, in case of default;
can I claim for increase in the compensation by 15%,per month, since that also becomes the interest charged by the promoter, in case of delaying of due payments from the customer.
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Query no. (4) Original copy of the booking form, filled up at the time of booking the flat, is not with me now. But, the promoter has sent it to me by e-mail. Whether the email copy of booking form, is valid for showing details of calculations in Consumer forum.
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Query no. (5) The booking form, filled up at the time of booking the flat, does not show carpet area at all. But it can be calculated by taking measurements at flat, which is nearing completion, & it comes to around 350 sq.ft. approximately. But, the booking form mentions built up area or super built up area (not clearly mentioned) as 530 sq.ft, plus 175 sq.ft open terrace. It is definitely sure that it is not carpet area, since carpet area is around 350 sq.ft.
And the booking form also mentions cost of flat as Rs 12.92 lakhs. But on the back side of booking form, rate per square feet is shown as Rs.2,250/- per square feet, and the builder has taken my signature on this page. I have attached a copy for your kind reference
Now, please advise me, as per law, which rate is correct. whether
(1) Rs.12.92 lakhs divided by 350 sq.ft (where the rate gets calculated as Rs.3,715/- per sq.ft–which is not written anywhere in the booking form or sale agreement) or
(2) Rs.2,250/- per square feet, since the builder has taken my signature on this page.
(3) Rs.13 lakhs divided by 530 sq.ft (as per the practice followed during pre- RERA period.
As per me, he cannot claim a higher rate than Rs.2,250/- per square feet, since the builder has taken my signature on this page. Please confirm.
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Query no. (6) In one of the emails sent to me, builder has confirmed that cost of flat as Rs.9 lakhs (for an area of 530 sq.ft) & cost of open terrace as Rs. 3 lakhs. (for an area of 175 sq.ft). Thereby, without his mentioning the rate comes to Rs.1,730/- per sq.ft. Can I claim this rate of Rs. 1,730/- per sq.ft & get it multiplied by the carpet area for calculating cost now, for registration & final payment purposes.
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Query no. (7) In the booking form, filled up at the time of booking the flat, the builder has written as Total discount of Rs.1,25,000/-. Since it is signed by both me & builder, can I claim that discount, now in post RERA period.
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Query no. (8) In the booking form, filled up at the time of booking the flat, the builder has written as cost of OPEN car parking as Rs.1,25,000/-. Since RERA excludes it, (as per Gazette of India, dated Saturday, 26th March 2016, Page 4, section 2, sub-section (y), which is reproduced below, can I get that exempted for calculating for registration & for final payment purposes.
(y) "garage" means a place within a project having a roof and walls on three sidesfor parking any vehicle, but does not include an unenclosed or uncovered parking space such as open parking areas;
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Query no. (9) As per section 13 (2) on page 14 of Gazette of India, dated Saturday, 26th March 2016), which is reproduced below,
(h) the form and particulars of agreement for sale under sub-section (2) ofsection 13;
in model SALE AGREEMENT, page no. 6 paragraph no. 1.2 (ii),which is reproduced below,
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, and Cess or any other similar taxes which may be levied, in connection with the construction of theProject payable by the Promoter, by whatever name called) up to the date of handing over the possession of the apartment/plot to the allottee and the project to the association of allottees or the competent authority, as the casemay be, after obtaining the completion certificate:
and also as per page no.7 paragraph no. 1.2 (iv), states that
(iv) The Total Price of [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providingelectric wiring, electrical connectivity to the apartment, lift, water line andplumbing, finishing with paint, marbles, tiles, doors, windows, fire detectionand firefighting equipment in the common areas, maintenance charges as perpara 11 etc. and includes cost for providing all other facilities, amenities andspecifications to be provided within the [Apartment/Plot] and the Project.
Hence, whether VAT & Service Tax is to be paid by Promoter or customer. Please clarify.
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Query no. (10) As per section 13 (2) on page 14 of Gazette of India, dated Saturday, 26th March 2016), which is reproduced below,
(h) the form and particulars of agreement for sale under sub-section (2) ofsection 13;
in model SALE AGREEMENT, page no. 9 paragraph no. 1.10,which is reproduced below
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and beliable for the cost of any legal proceedings which may be taken therefor by such authority or person.
and also as per page no.7 paragraph no. 1.2 (iv),which states that.
(iv) The Total Price of [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and fire-fighting equipment in the common areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities, amenities andspecifications to be provided within the [Apartment/Plot] and the Project.
Hence, whether cost of common facilities, such as listed below is to be paid by customer or whether it is excluded, like cost of open car parking. Please clarify.
· BESCOM & BWSSB deposit @ Rs. 150/- per sq. ft.
· Generator & power back up: Rs.25,000/-
· Khatha & Legal expenses : Rs.50,000/-
· Club house – Lifetime Membership & Amenities : Rs.50,000/-
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Query no. (11) As per section 13 (2) on page 14 of Gazette of India, dated Saturday, 26th March 2016) which is reproduced below
(h) the form and particulars of agreement for sale under sub-section (2) of section 13;
in model SALE AGREEMENT, page no. 15 paragraph no. 11,
11.MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT:
The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the association of allottees upon the issuance of the completion certificate of the project. The cost of such maintenance has been included in the Total Price of the [Apartment/Plot].
Hence, it is hereby understood that cost of maintenance is to be paid by promoter till formation of Association of allottees. Please confirm, since the builder is asking for cost of first year maintenance fees from me, before calling for registration of my flat.
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Cheque bonce
Dear sir few months back i brought a 10 marla land from broker but he was fraud then he asked me that he will give me money back in form of cheques but when the time came to encash cheque there was no money in there Ac thus it was a bounce cheque now suggest me what to do i am from srinagar kashmir.and i supposed to buy land here only in kashmir