Member (Account Deleted)
27 July 2017 at 12:34
Dear Judges, Lawyers & Subject Matter Experts,
Overview:
1. Grandfather & Grandmother have jointly bought a property in 1987 (self-acquired)
2. Both executed a will in 1997 to the following people:
a. Children of 1st son (me and my brother, my father wasn't given a share in the will)
b. 2nd son
c. 3rd son
3. Grandmother died in 1997
4. Grandfather executed a partition deed in 2005 to same parties
a. Children of 1st son (me and my brother, my father wasn't given a share in the will)
b. 2nd son
c. 3rd son
5. Grandfather died in 2005.
6. Party (a. me and my brother's) dad has 2 wifes second marriage in 1990s and they have a son from his second marriage who is aroun 28 yrs now.
7. We are expecting some money from compulsory land acquisition
8. My dad second wife and son have filed a case disputing that the partition deed is incorrect and they are claiming 1/3rd share in (me and my brother property)
9. The land is self-acquired by my grandfather and I think my dad's illegitimate wife or son wont have any rights over the property.
10. They have filed a OS and have given a letter to the land acquiring authority to stop the payment though they have not got an restrain order from court.
11. Can the land acquiring authority hold back our payment.
12. We will pursue the case but can the OS be quashed on grounds and references of previous judgements.
Please provide suggestions/advice and help in this regard. References of similar cases previous judgements will be highly appreciated.
Thanks in advance.
Regards,
Sidharth
Dhiraj
27 July 2017 at 05:47
My father, and 2 sons, myself and my brother purchased a residential plot by making equal payment to the seller. Further we constructed our residential house in that land. And major portion of cost of construction was done by my father..
We constructed our house in 3 floors I.e.ground floor where I use to stay, first floor where my brother use to stay, and my father and mother stays in 2nd floor. We have separate staircase and entrance for each floor
Now we want to divide our ownership and rights exclusively and seperately into three parts I. E. Ground floor in my name, First floor in brothers name and 2nd floor in fathers name..
So what agreement or deed we should execute and get it Registered. (religuishment deed, or partition deed, or family settlement deed) And how much Stamp duty required to be paid to execute such deed
manish singh
27 July 2017 at 00:25
Wheather Patta Dawami is a permanent lease & whether it is inheritable ? Can it be terminated by Surrender of possession ? If record of rights shows the possession of Lessor's successors then can Surrender of possession be prooved in courts by Record of Rights.
managerhtmcc
26 July 2017 at 19:34
i have taken possession of my duplex last year. now builder is asking for more money as maintenance charges and service tax.Is builder can ask for more money after possession ? what to do next kindly suggest me.
KAUSHIK2006
26 July 2017 at 18:38
Dear Team,
My sister (Life time) and myself are received share in a property, a shop let out 4 year back and received rental advance in my name and given share to my sister (50%). Moreover, Rental agreement has been signed by me for 100 % and next renewal is on due this month. kindly let us whether I can renew the rental agreement now. Tenant do not know that she is also having share for life time in the property and advance and rent are being share to her. kindly guide me.
Kaushik.
Anonymous
26 July 2017 at 17:43
I sold a plot in Dhule. We had made a basic agreement at home on 500₹ stamp paper about whole money thing. Now the sale purchase is complete but that agreement is not yet destroyed. What problems may I face due to this?
KETAN J SHAH
26 July 2017 at 12:57
respected Sirs,
I am a Landlord and my property is in Mumbai. In 1970 the property is leased to a Nationalised Bank. with a monthly Rent of Rs.0.75 ps per sq.ft for 3765 sq.ft area. The Lease was for 75 years with 3 options of renewal at interval of 25 years each. In 1984 additional 1000 sq.ft was leased to Bank with a monthly Rent of Rs.6/- per sq.ft for this premises. After the end of first lease period and with continuos corespondance with Bank the Rent was increased to Rs.15/- per sq.ft for both the premises with 4% permitted increase every year.. The offer letter sent to me was for 10 years and 4 options of 10 years for renewal. However when the fresh agreement was sent to me it contained the clause that the renewal lease would be for 50 years and No Option of Rent revision.
Now today the Rentals in our area in Ghatkopar are Rs.300 to Rs.400 per sq.ft. I requested to Bank for upward revision but Bank says they will not entertain any request by me until the expiry of Lease period which expires in 2044. I have been in constant correspondance with Bank for increase in Rent but Bank is not ready . I told the Bank that just for one sentence that the Rent to remain the same till end of the lease period I should not be penalised and made to loose the monetary benefits. I do not have any other business and I am totally dependant on the Rent . But Bank officers are not ready to listen.
In todays life it is very difficult to manage with such meager Rent. In fact Bank has increased the Rent of many of its other Branches in Mumbai. But they are not ready to discuss the matter with me.
I can go for litigation as I am having the original offer letter and all other corespondance entered into with Bank but as it would take many years to get a result at present i do not intend to enter into any litigation.
I humbly request you to suggest me somre means by which without entering into any litigation I can convince the Bank for increase in Rent.
Awaiting your reply and Thanking you in advance
Kavindra
25 July 2017 at 19:45
What does the term Maliyat refer to the process of Chakbandi? A chak has been allotted to me after deducting a considerable area of my erstwhile farm land and the Consolidation officers say the large reduction in acreage is because of the 60 & 80 paise Maliyat deducted from of our farms. Please help.
Anonymous
25 July 2017 at 15:13
I had booked a flat in a scheme in November 2013 in Pune - Maharashtra.Stamp duty was paid on 30-12-2013 and agreement was made in April 2014 with possession period of 36 months.I sold my flat in 2015 and currently staying in rental.Till date i had made 80% payment Now possession is expected in December 2017. so From which date the possession period of 36 moths should be counted i.e. November 2013 or April 2014.And can I demand interest and rent from builder and any format letter for the same is available ?
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Share in property
how to decide whether the property received by my father is by inheritance or as coparcener under hindu succession act. .Grand father acquiired the poperty. had two sons and three daughter. They were staying in this property over the period three daughter s got married and brother was paralised. His sisters claimed property share but was not given any thing till today . At present only one sister is alive and is bed ridden. My father is transferting the property to his daughter in law . Whether as a daughter or my daughter has any right in the property
With referance to above query 1. i want to add that no partition has taken place
2 there is no document which suggest that my father is the owner except
property tax bills.
3 The land is still in the name of grandfather and municipal authorities have
refused to tranfer the land in my fathers name
Wil it make any difference