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Venkat   18 December 2023 at 21:44

Selling property of deceased as a legal heir

Dear Experts:

I am posting this here because it seems only experts can answer this accurately.

Brief facts:

I have only one sister. My father expired recently. He was not a government employee. My mother expired few years back. My father has an apartment and a villa in the city on his name. My sister is not at all interested in them and willing to sign anywhere necessary in order for the properties to be transferred in my name (solely).

What is the best procedure to accomplish this? After speaking to a couple advocates who gave varying advises and some research, I came up with the following strategies:

(a) File a suit for declaring me as the legal heir in court. I will have to pay about 6% of the property as court fee in this process.

(b) Get a relinquishment deed signed by me and my sister, get it registered in the sub-registrar's office and then take it to the municipality to transfer the property in my name. Seems I only pay 1% in this method to the municipality to mutate the property in my name and get the title transferred. However, potential buyers still need to see proof that me and my sister are sole legal heirs, so again I might have to file a "declaration of legal heir" suit in court and pay the same 6% court fee which makes it equivalent to option (a).

Would you agree with my assessment above? Any alternate, low-cost, low-effort advises? I would appreciate.

Thanking you in advance,
Venkat

Ajay Malshe   18 December 2023 at 05:49

Federal hsg society by laws

Why Federal Hsg society by laws are not openly available on net like CHS by laws, or
Society not circulating to all house owners by g mail?
2)Whether these by laws are same to all states?
3)Whether some clauses can be added or modified by Apex society
by resolution like adding additional directors (maybe secondary) or sub committee
to look after maintenance functions n make suggestions.
My email address malshe.ajay8@gmail.com
Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp

Ajay Malshe   17 December 2023 at 22:30

By laws of federal hsg society for apex society of flats

Can we get copy of Model by laws for Apex as mentioned above on email?. Whether Apex body can add directors or change some by laws suitable for the society by resolution? As there are too many functions for maintenance of apex for 6 towers & 1000+ flats & only 6 directors who have to maintain common facilities & 9 amenities & sports mini grounds.

my e mail is : malshe.ajay8@gmail.com

Anonymous   15 December 2023 at 00:37

Purchase property with certified copy of sale deed

The seller seems to have lost all documents. But he is arranging property tax, EC, OC, A Khata one by one. However with regards to sale deed he is saying that he will get a certified copy of sale deed from SRO by filing FIR and posting an Ad on local and national news papers.

My question is
Is it safe to purchase a property with certified copy of sale deed? What if someone after few years appears with the original sale deed and claims the property or says there is a loan which the seller took and submitted original documents. Will it become my liability or the seller's liability as per registration contract.

in the future, can this house be sold with certified copy of sale deed + EC, OC, A-khata documents?

dipak   15 December 2023 at 00:03

Different house tax to neighbours for a strange reason

Sir,
Can a municipality charge a different house tax to residents in a same colony for the following reason:
Recently our municipality sent notices to residents about its proposed increase in house taxes and also asked them to submit objection within a time period to this increment, if they have any.

Municipality is expected to partially bring down the increment in house taxes in response to these objections.
But some residents have failed to lodge the objection to this increment- out of overlooking or ignorance. The municipality staff members say that proposed increment in taxes would be brought down only for those who raised objections. And those who have not raised the objection to this increment will have to pay the house tax as per the original increment proposed by the municipality.
Can it be so sir?
Can a municipality tax one house at a different rate and its neighbouring house at a different rate on the basis of who raised the objection to
tax increment, and who didn't.
Is it like buying vegetable: the one who bargains the price gets the discount, and the other one who doesn't bargain doesn't get the discount.
I don't agree with this claim of the staff members that only those who raised the objections to tax increment would get the benefit and the rest shall have to pay a higher tax.
What experts have to say in this matter!

Regards
Dipak R Gandhi

Anonymous   14 December 2023 at 12:22

Ashraya yojane property

Hello,

I am planning to buy a Ashraya Yojane allocated property. Its 40 years old property and has 7 cent land. Gov allocated land is 1.5 cent which is vacant and adjacent to this 1.5 cent the house is built (40 years back) in another 1.5 cent land. This house has door number and they have paid the taxes as well. I received only "Niveshana Hakku Patra" from seller. I am confused as the land on record is vacant and the land in which there is house has door number. Now the total land is 7 cent and on paper is 1.5. How do I proceed with this deal? I tried checking documents online, however for the survey number on paper no docs found online. All suggestions are welcome. Thank you for the help in advance,

Sanjith   13 December 2023 at 18:06

Buying a plot

Hi, This is Sanjith. I have shortlisted a plot of 1587 sq feet in Mysore, Karnataka. I have got the xerox copies of the documents to get the second opinion from an advocate. The advocate is saying.

1. Saguvali Chit or Certificate of grant- Want orignal photocopy. Present one not having survey no mentioned in the first page

2. There is a change in survey no 4 times want document for this changes ( RTC with Conversion of land Order)

3. Builder has given me Encumbrance certificate till 2017 but it still has oldest survey no.

4. Want site Khata copy

5. PTCL and Darkhas land is being restored without AC permission

6. This is Darkas land not to be sold for 15 years builder has brought this land after 15 years which is in 2022 but for the sale of darkas land is it mandatory for builder take AC permission.
FYI builder has not provided me with the AC permission copy.

Are all this valid points that my advocate is asking?

Anonymous   13 December 2023 at 17:30

Joint patta

We have land 2 acre and beside there is a passage to go my land,in this passage rain water also pases. Till now we have not put any gate and fense for this passage till now no issues were there.

Nomany oa the neighbour selling making small plot and few are saying this passage ia belongs to public. We have joint patta for this passage.we thought to put fense.Do we need to consult VO for these kindly advise

Thanks
Sidd

Vasudevan   13 December 2023 at 15:24

Rent control original petition - reg.

Respected Learned Experts. I had filed a case for eviction and repossession of a rented property. After a period of 3 years of case. the tenant's advocate has informed the court that they want to vacate the property. The judge has instructed to file petition accordingly. If a joint compromise petition is filed, I had been informed that the case shall be dismissed accordingly. If the tenant thereafter refuse to vacate the premises, whether I can restore/reopen the case? As I am appearing as party in person, I request the Learned Expert to guide in this matter. Please mention the clauses to be included in the petition so as my right of repossession shall not be changed. Thanks to all the Learned Experts in anticipation.

Didhiti Das   13 December 2023 at 10:46

Documents needed from cooperative society

Dear experts, please advise on the following :
We have a flat in a 16 member cooperative housing society, which we intend to sell to a family. What all documents or details are needed from the managing committee of the cooperative society itself ?
1. We obtained a NOC certificate signed by the governing members including president, secretary and treasurer. We also got the PAN number of the cooperative society.
2. President, secretary and treasurer -- Any one of these 3 people must sign on the conveyance deed on the date of registration
3. What else is needed from this society member ? Are their PAN and Adhar details mandatory ?

Please help with a response. thank you - didhiti das