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Phiroze   30 April 2017 at 17:18

Occupying pagdi system house without name on rent receipt

Hello,

I have a query regarding my house. Any guidance from you is highly appreciated.

We live in Mumbai in a *pagdi* system building. We have a house. This house was bought by my grandfather from the past tenants. But due to lack of knowledge in those days, no proper documentation and transfer was done. Hence, the property was bought in cash and they (my grandfather) occupied the house since then.

And now the house is occupied by my family (myself n my father after the death of my grandfather) since the last 40 years. Now due to expanding family, we are in need of selling this house and moving to suburbs. However, we are unsure about our legal position in this case and the way in which to approach it. i.e. How do we approach the landlord and what are my legal rights and what are his. What amount can he demand from us to transfer the property.

To provide a better understanding, here are the documents that are in our name (my father's name) :

1.Electricity bill
2.Passport
3.Aadhar
4.Gas bill

And the following are in the name of the earlier tenant:

1. Rent receipt chalan (which we still pay monthly by cash)

Can the esteemed lawyers please give a rough guidance as to what position we are in. Anyone who has faced/facing the same issue, if you can pitch in, that would be highly helpful.

Also would like to know that if we continue living in the said house by keeping possession intact would be better or what would be our situation if the building goes for redevelopment.

Waiting for your guidance,

Warmly,
Phiroze Lakhani

Jidnyesh Behere   30 April 2017 at 13:07

Transferred property take return

Hi team,
My grandmother had given some additional agri.land to my uncle apart from his part of land on basis that he will take care of her till her death. And made registration deed to transferred agri. Land to uncle account.
But now 8 came to know that the transferred of agri land is done by other way to keep blind for this transaction to her and get it done.

Now due to uncle refuse to take care of her and send back.
Now is it possible, if then how.
Please guide us for the same.

Regards,
Jidnyesh

Member (Account Deleted)   29 April 2017 at 18:38

Pro - forma defendant

"A proforma defendant is a defendant against whom no relief is sought. He is arrayed as party only to avoid the defect of nonjoinder of parties."

This term I accept put by some experience adv. in this forum and also study and books.

Now my problem is that

1. Hon. Judge says "Pro forma defendant this term is not there you change it into defendant"

2. And I stick since relief is not claimed against person that person who does not join as plaintiff to avoid non joinder of parties it should be referred to as only Pro-forma defendant.

Any guidance in this regards

-----------------------------------------
Question

Now what should I do in plaint

1) Keep Pro-forma defendant as title of party as per my study

2) Change to defendant as per oral direction of Judge ?

Krishna   29 April 2017 at 17:51

Clarification on Stilt + Ground + 3 Floors

Dear Sir / Madam,
I have seen a property in Chennai municipal limits which is approved as Stilt + Ground + Three floors and it is completed and obtained the completion certificate. I am buying on 4th floor and above me is the Terrace. Now, my questions are as below
1. Is the construction legal?
2. The builder uses the word Fourth Floor in the construction agreement. Whereas the same is shown in the plan as stilt + Ground + 3 floors.
I am at a loss to understand this. Not able to proceed further because of non clarity between the builders agreement and the municipal approved plan. Request all to throw light on this issue.
Regards
Karthik

seniorcitizen   29 April 2017 at 12:33

Widow's right to bequeath

A lady is 80+ and a widow, she has no issues. She has an ownership flat in Mumbai, it stands in the joint names of the lady and her husband. The name of the lady stands first in the registered ownership document and the share certificate.
Her husband demised three years ago.
What is her legal position with regard to the flat? Is she the absolute owner? Can she bequeath the flat with a Will?
She resides in the flat at present and does not want to sell the flat during her lifetime.
What is the procedure advisable for her?
Thank you all in advance,
Senior citizen

Prashant Kambli   29 April 2017 at 11:13

Sra eligibility

My aunt is staying in a chawl at Andheri since 1996. She had then purchased the unit from the land owner but there was no sale agreement between the two parties. Just a letter from the land owner stated that the unit belongs to my aunt. Also, the electricity bill was transferred recently in my aunt's name. Now, a Builder has taken up the SRA project for redevelopment of the chawl. However, the builder as well as the SRA has rejected to include my aunt's name in Annexure II, since there is no Registered sale agreement beteen my aunt & the land owner. My aunt has Voter ID, Rent receipts since 1996 to support her claim. What steps should she take to claim her name in Annexure II? Please guide me to help her out.

Krrish1963   29 April 2017 at 09:04

Forfeiting of booking and installment money

Sir,

I booked a flat with a builder (FDI) in Gurgaon in 2013.

I paid three (03) installments totaling approx INR 28 lacs.

Due to some heavy losses and financial crunch I could not pay some of the installments and wanted to cancel my booking and asked for refund. Project is still uncompleted.

Builder has totaled up an amount of approx INR 55 lacs as fine/ late charges and has told me my entire money (INR 27 lacs) is forfeited and now telling me to pay balance amount.

Kindly advise how can I get my hard earned money back.
Krishna

Sanjeev K Mehra   29 April 2017 at 08:49

Status of registered Nominee in case of MCS act

What status does a nominee enjoy in case of death of nominator member. Is he a holder in due course or absolute member by virtue of Nomination. W.R.T.- MCS Act.

Anonymous   29 April 2017 at 00:26

purvajo se mili jamin ka Will velid hota he

Namaskar sir agar dadaji ko unke papa Will k bina mar jata he aur uski property varasai yani sarkar ke niyam SE varasadar Ke rup me property milti he us ancestral property ka will 2 ladko me SE kisi ek ladke k naam Will kar shakte he Dadaji? Please sir ans

Siva   28 April 2017 at 21:53

Agriculture land

Sir we buyed a agriculture land from sc candiates since15 years back how to change that as legal is it possible or not.