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N Krishna   28 August 2017 at 21:17

Undivided land share

I am planning to buy a land from DS Max properties in bangalore. They are providing undivided land share of just 30% and they are claiming there is no deviation and they will get CC/OC and all necessary approvals. Isn't the land share provided quite low ? since the land share is low, isn't it bound to have deviation which would make it difficult to get necessary approvals /CC / OC from authorities ?

Vishwadeep   28 August 2017 at 10:47

Registration done but 7/12 document not transferred yet.

Hi all,
I am Vishwadeep Hate. I had sold my property to Salim, a builder by profession in 2007. I was young and ignorant and trusted Salim. He asked me to do a registered agreement in which it is shown that i have taken money from him. He also did an MOU with me in which he promised to give me flat and the cheque. He didnt fulfill his commitment and his cheque bounced too. Hence i did not transfer 7/12 document on his name.
Now after 10 years, government acquired the land and sent me notice to collect money. Hence i submitted papers. Later i realised that salim submitted application to stop the payment. I was ready to pay him money for withdrawing his application but he demands remaining plot and money.
Is there any way out to discard his registered agreement? Please guide me on this matter ASAP. I live in Nahur near mulund, Mumbai.
Vishwadeep
9167724183

Monika   28 August 2017 at 09:41

Builder not refunding money

1.5 years back I deposit 2.5 lakh for a flat which I cancelled after 1 week for some reason so builder said I will show u other flats and will adjust your money. After 1.5 year he show 1 property which I like but that property was from other builder. He demand 1 lakh and said ur 2.5 will adjust there. So I have one lakh more. But loan was rejected on that falt because of technical clarification negative. I demand my whole money 3.5 lakh back so they said u have give 1 lakh to other builder ask to him. So I did same. Other builder said I will give u 1 lakh but u have write that u will not claim 2.5 lakh in future if u want ur 1 lakh. They were blackmail me. I was not in sense to loose that 1 lakh so I write that if I will any property to u in future u will adjust that money there. They to signature and thumb impression. But I have original agreement of 2.5 lakh money with me. This written consent will make any impact if I do money recovery case in consumer forum? I am just tired and mentally disturb now because of this issue. Thanks

Gangadhar   27 August 2017 at 22:43

Builder is selling his flat without NOC from Association

Dear Sir,

Builder is not paid maintenance since 2014 and now he is selling flat without taking NOC from apartment Association.

Sale is allowed as per law even though he is not paid maintenance for 3years.

What process we need to follow to get maintenance money from builder.

AD   27 August 2017 at 11:31

Property

We have a property with the name
GPA mother name 1994
Agreement to sale and purchase Father name 1994

Then GPA transfer to Father name in 2007.

Now who is the owner ??
Will mother cancel 2007 FPS to take ownership?
Can father sale property to anyone without permission of Mother?

Problem facing father selling property to other party and taking New Property with grandfather name .

Raj   27 August 2017 at 10:43

Settlement Deed issue


I'm have a property issue. Our property was in Mothers name. Declaration done in 1977 in my mothers name. Both Father & Mother are alive. Our Father built the house and parents living in that house along with my 3rd Brother and myself (as I don't have separate house) and We are four children all male. Our Mother did the Will in 2007 and as per Will myself getting 50 cents, third brother 70 cents, second and First getting 20 and 25 cents respectively as per the interest of parents as they fought with our father long back and they live far separately. Myself and 3rd Brother working abroad & our family live with our parents.

my elder brother got the information (who is alloted only 25 cents) and he was able to take my mother without knowing us to register entire land in his name. Now RTC in my brothers name. This happened just in two months back and now we come to know. Our Mother ilitrate can read but not understand content of the deed. She just signed. When asking mother why she has signed like this & replied they have informed her that she has been informed them that they will divide as per the alloted land of WILL. Now we need to cancel the RTC done in my brothers name.
Is it possible to revoke it? Please advice

tarun   27 August 2017 at 06:56

Time limit for filing letter of adm. With will annexed

Mother had life interest in Father's Estate. Took income for 13 years. Mother died in July 2016. Executors refused to file probate in March 2017. Both Witnesess to Will signed affidavits verifying the signatures in March 2017.
Some Estate assets are still not traced due to missing original paperwork and difficulty with Banks in last 12 months.
Sole, residual beneficiary wants to file petition with the help of a lawyer in Kolkata for Letter of Adm. with Will annexed.
Beneficiary can justify the delay in filing by enormous documentary evidence .
Q 1 :Is there a time limit for filing the petition for LOA with Will annexed ? If yes, what the time limit for filing ?
Q2 : If Estate assets are over 1 crore rupees, which court the petition needs to be filed, Sessions Court or Kolkata High Court ?
Clear answers will be appreciated.

Ashok Kumar Sharma   26 August 2017 at 21:08

Leasehold to freehold of plot

Plot of 400 Sq. Yards, purchased from Kanpur Development Authority, is in my father's name. Lease rent is paid upto 31.3.2035. Lease deed dated 04.12.1972 is for 99 yrs. Purchase cost of land is Rs. 8800/- Registry of the plot was done on 14.12.1972. Father and mother are not alive.What is to be done by me & my two brothers for conversion from leasehold to freehold. What would be the fee of conversion and other expenses, if any.
Ashokey Kumar Sharma

Pradeep   26 August 2017 at 13:33

Property

Respected Sir, My father executed Will in 2004 and both my parents died in the same year in an accident. We got probate in March 2017. After getting probate of Will, in how much time my opposite party(my sister) has to file for partition suit as she is not ready to go as per Will citing a reason that 1 or 2 properties are ancestral in nature. Since, 12 years have passed since the WILL came into force, can they claim in any other way(other than WILL).

Naveen Kanth Dasari   26 August 2017 at 11:20

Suit for declaration, possession & perputal injuction

Hello Experts,
I have a query regarding an Immovable Property.
For instance lets assume as such A,B,C,D,E. A(actual owner), B(my client), C(GPA), D(Proclaimed Owner), E(Joint Owners).
The Facts are as under:
My client purchased a plot in 2015 from A (actual owner) of the plot and in 2016 B (My Client) constructed a small room in the plot, but to his astonishment E(Joint Owners) came and objected and installed electric meter allotted to them & claiming that the plot belongs to them and he & his wife are the joint owners of the property as they have purchased it from D(Proclaimed Owner) in 2003. When my client inquired further he came to know that C(GPA) without the consent of the A, sold the plot to D in 1998 representing C himself as the GPA and further D sold the land to E. Now the problem is A lives in USA and is not in contact with B, and E(Joint Owners) also lives in USA but they r not related to A in any matter. Now how can i defend my case.
Should i file a Suit for Declaration of Title and Possession or Suit for Perpetual Injunction or should i include both the prayers in one suit and can i ask my client to file a Criminal Complaint also. However the Encumbrance Certificate shows the name of the Joint Owners still.
Plz suggest.
Thank You.