Anonymous
18 July 2017 at 02:36
Sir,
please share your opinion . And guide in following matter. :
For an Agricultural, Juni Sharat Land in a village of Gujarat,
On making application to get a copy of Hakpatrak Nondh in Gaam Namuna No. 6,
the land owner 'A' receives answer from Mamlatdar Kacheri, that : ''The page on which that particular Nondh was written , is torn and now not available anyhow.''
Thus, Hakpatrak Register has not that Nondh available and besides, in Village Namuna No.7, his land is being shown in the name of any other person 'B'.
That other person 'B' has got his name in this land after death of his father. And that other person 'B' has taken loan, too , on such land.
The Nondh , by which this land was transferred from A's ancestors to the other person B 's ancestors, is not available now in Mamlatdar kacheri.
These land is gone in the name of any other person 'B', without any notice to 'A'. No any notice is received to 'A' himself or by his father in past, for any type of name change or for transfering the ownership.
QUESTIONS :
(1) What can 'A' do now, to get his land back in his own name ?
(2) How can 'A' prove his genuine ownership in such land ?
(3) On which basis, justice is given in such cases?
(4) Is any possibility there, to get A's ancestral land back in his name ?
(5) Is there any particular legal procedure for such cases ?
Please, guide.
Thanks.
Member (Account Deleted)
18 July 2017 at 01:49
Transfer of tenancy under the Pagdi system
Dear Sir/Madam,
I have few questions for which I seek legal answer, your advice will be highly appreciated.
My father passed away last year leaving our mother and three daughters. He had purchased a room in 1995 in my mother's name, in South Mumbai, on Pagdi System, which is now given on rent with landlords permission, in return of paying him one months rent every year.
My mother is currently living in Thane and managing her expenses from 10k rent she receives from the said Mumbai room. We all three sisters are married and living with our own families.
My mother have few concerns, therefore my questions are:
1. Is it right that in case of the original tenant's demise if the property is on rent, the heirs have no right and the landlord can refuse to transfer tenancy to heirs and just takes over the property? If not then what can happen to the property after my mother?
2. Can the landlord reject the request to transfer the tenancy in any one or all three daughters names during my mothers life time.
3. What maximum percentage of transfer charge landlord can charge in case if he agrees to transfer the tenancy to any one of the daughter, or all three of us during my mothers life time? Will it be the same as we sell to outsider or will it be concessional?
Please answer the above questions and advice the best solution of this issue.
Many thanks.
Sudarshan
17 July 2017 at 18:20
Hello Experts,
My query is, My grandfather's(Mother's Father) father had inherited some property in Visakhapatnam Andhra Pradesh. During 1984, The Government of India had acquired those properties(Lands) as per Land Acquisition Act for construction of Vizag Steel plant. However, on the date of acquisition by the Govt, my Grandfather's father had been dead. At that time, my grandfather had 4 brothers and 1 unmarried sister. The government had awarded compensation to the above mentioned six persons as their father had been dead in the form of lands under rehabilitation policy. The compensation had been awarded through issue of R Cards which specify the plot number and area of the lands awarded to each of the persons mentioned above. Now 2 months ago my grand father was deceased and it came to our notice that, the portion of land which he got as compensation from government was transferred in the name of my mother's younger sister. Is this legally valid? Is my mother entitled to an equal share in that property? What action can we take now?
Please help on this issue..
Anup shukla
17 July 2017 at 08:41
Respected experts....my dad is near 73 years and mother 68 .my parents have 2 sons...elder son and his wife are very greedy..they want my parents should sold their propertty and give them their share...due to which they filled a false dowery case and domestic voilence on me (devar) my father and my mom..and husband name is not in any case...my father wants to vaccate his homw from them...it is self owned proppety of my father.....my brother and his wife live in same building but in diffrent floor...they using our electricity and they do not pay any bills..i would really waiting for ur valuable suggestions...thank you..
Sathish n
16 July 2017 at 20:14
Hi sir .am satish from karnataka belonging to schedule cast. Sir my grand father no letarate ones he was gave his 3 hectare land leas to sc person only because he was knowing person after that person sale the land some others person he was not sc category he take my grand father thumb impression withot konwing sir they are now construction a gowdan in our land this is the situation sir but one thing sir my grand father not going registration office. We are apeal the court but layer are cunning us sir couse we are village people sir please suggest me what we do sir
HARSHIT RATHOD
16 July 2017 at 05:31
Hello,
I have a agricultural land in Gujarat which was owned by my father for years, I have completed the transfer formalities and on Sept 2016 the 7/12 also reflects the same. My question is can i sell a part or the entire land to some one else,as currently the farming is done my Step Uncles and I am not in good relationship with them .Also the Crop loan in transferred in my name as my father had it.
Is there any possibilities of my other family members (Step ones) can interfere during the course of my selling. If yes i would preplan myself in advance with Legal formalities before putting the land for Sale.
Thank you
Anonymous
16 July 2017 at 01:40
Hello Expert ,
I purchased shop in pune from my friend .Existing tanent have rental leave and lease tanancy agreement on old owner and tanent name.At the time of purchase of shop wr have given verbal notice to tanent for 1 month notice but on the last moment tanent refused to vacat shop. After that tanent stop to pay rent .Last week tanent text me on whatsapp that he already vacat shop on month of may but he will not handover keys as he is demanding deposit plus shifting charges. I told him to discuss these matters to old owner as he given deposit to old owner. He is asking unwanted shifting charges .Now old owner sent email notice to vacat shop for not repying rent
Please let me know.What we need to do
1.Is old owner needs to send legal court notice to tanent or notice sholud be sent by new owner. (Tanent not handovering keys but he informed to new owner that he already vacat shop)
What will be right process to follow in this matter?
My shop is in pune dehu allandi area in big township.
Thanks
Rakesh
Vishwajyoti
15 July 2017 at 23:29
Dear expert's, my father passed away 2 months back and he left his 2 earned property in Bhubaneswar & in Delhi. Mother is no more and I have only one younger brother who shows reluctant to share the property. Now what steps should I take to make the property in my name. Please clear my few questions also.
1. At present can I enter the house if my younger brother resist.
2. The original papers of houses are in his hand, so how can I contest.
3. Without papers can I apply for stay or claim legal heir.
4. As a son I have only the proof of adhar card, pen card, Nativity certificate from village (got from tehsil office), old voter card,.
Anonymous
15 July 2017 at 19:15
A and B were bothers.
An affidavit expressing no objection was filed by A in respect of mutation of their father's property in name of his brother B. On the basis of Affidavit, property was mutated in the name of B.
After 20 years of death of A, his LRs are claiming that Affidavit was forged.
What shall B do ?
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Link documents issue
Dear Sir ,
Recently my father bought a 170sqm plot which has 9 years registered link documents. i mean we have registered documents from 2008 to till the date for this plot .
we came to know that before 2008 there were 3 sales transactions (Sales Agreement on a stamp paper ) happend against this property and all of 3 are not registered with any registrar . we went to ex owners to get copies of these at least but failed to retrieve
Now banker is not accepting with 9yrs link documents , he need at leaset 18yrs of link documents for to process home loan . kindly advice what to do .
Thanks & Regrads
Khasim Shaik