pundalika achyuta bhat
16 January 2017 at 12:40
My great grand father had two wives. Our family tree is as below:
First wife had a son by name Mr. ABC. Mr. ABC had 4 daughters and 5 sons (now all the 4 daughters and 5 sons are dead) . All the daughters and sons are having their children (both gents and ladies). This is our third generation (that is great grand sons of Mr. ABC)
Second wife had 2 sons. Both of them are dead now with no children.
The property (land and house) were in the names of sons from the second wife. The relationship between Mr. ABC and both the sons (from second wife) was that of brothers in nature.
Now we (the third generation that is great grand sons of late Mr. ABC) want to claim the property right. How can it be claimed?. Looking for guidance. We belong to Mangalore (D.K.) Karnataka State.
Chirag Sharma
15 January 2017 at 21:39
Dear professional colleagues,
1. My grandfather purchased a house in Mumbai for ₹38,000 in 1976
2. On the agreement, first name is my grandfather's and second is my grandfather's brother's wife (bhabhi)
My grandmother's name is nowhere mentioned. Possession is with the other party since day one.
No ratios of ownership is mentioned on the agreement.
Full payment was done by my grandfather via cheques whose bank confirmations and cheque Xerox we have
3. In 1978, grandfather solemnly affirms that he inserted her bhabhi's name only out of love and affection and that the whole property should be given to his legal heirs only. His bhabhi does not sign or agrees with my grandfather's affidavit. Grandfather passed away in 1992 and till date possession of the property is with the other party.
4. Original deed is with us.
5. Today, I'm planning to go to the High Court directly as I feel it's a very simple case and shouldn't have been dragged this long at the society court.
6. No out of court settlement has worked.
Questions-
1. Can I approach Bombay High Court directly bypassing co-operative court and appeal?
2. Will my grandfather's affidavit hold good and can we today claim full 100% of the property? If not,
3. Should we not try for 100% and try only 50% as we had made a mistake in 1976 and an enforceable contract has bind us.
anuj
15 January 2017 at 21:35
my family has a house in mumbai. The house comes under pagdi system. The house is in the name of grandmother. My grandmother died on 20 sept 16.
The landlord lives in same locality of our house.
My grandmother had 3 children- my dad the eldest, my uncle the middle one & youngest my aunt. The land lord is giving money to my dad, uncle & aunt for collecting No Objection Certificate so that he can sell the room to another party. Now all the rent reciepts of the family are in my grandmothers name.
Now the landlord is paying 5 lakhs to my uncle, 3 lakhs to aunty & 2.5 lakhs to dad for NOC.
My dad is demanding 5 lakhs, but the landlord refuses to pay 5 lakhs to us.
We haven't paid the rent for 10 years of room. The
landlord says he has the legal right to take possession of the room since we haven't paid the rent for 10 years. The landlord is forcing us to take 2.5 lakhs & give NOC. He is in very hurry to sell the room.
Please advice us that can he take the legal possession of the room, since we haven't paid rent for 10 years?. If so, then why is he forcing us to give NOC, what is the importance of NOC in this case.?
anuj
15 January 2017 at 14:54
my family has a house in mumbai. The house comes under pagdi system. The house is in the name of grandmother. My grandmother died on 20 sept 16.
The landlord lives in same locality of our house.
My grandmother had 3 children- my dad the eldest, my uncle the middle one & youngest my aunt. The land lord is giving money to my dad, uncle & aunt for collecting No Objection Certificate so that he can sell the room to another party. Now all the rent reciepts of the family are in my grandmothers name.
Now the landlord is paying 5 lakhs to my uncle, 3 lakhs to aunty & 2.5 lakhs to dad for NOC.
My dad is demanding 5 lakhs, but the landlord refuses to pay 5 lakhs to us.
We haven't paid the rent for 10 years of room. The
landlord says he has the legal right to take possession of the room since we haven't paid the rent for 10 years. The landlord is forcing us to take 2.5 lakhs & give NOC. He is in very hurry to sell the room.
Please advice us that can he take the legal possession of the room, since we haven't paid rent for 10 years?. If so, then why is he forcing us to give NOC, what is the importance of NOC in this case.?
jayesh sinha
15 January 2017 at 11:58
property is jointly in my father and mother name,father age is 76 and mother age is 72,father is able to sign and can go to registrar office but mother due to brain problem is mental patient and cannot sign and can not go to registrar office father wants to transfer property in my name through simple stamp paper is it allowed from law point of view will i have to take sign of both in the event of death of parents how property will be divided among three brothers.
secondly somebody is giving opinion that that property will be transfered through gift deed for which stamp duty feees will have to be paid to govt which i want to avoid kindly advise other solution if available from law point of view
Naveen
14 January 2017 at 22:31
My flat only ready but building will take another 6 months to be ready with occupancy certificate status, its a reputed builder, he issued take over notice to me with final installment. From promised contractual date plus six months grace period, the Project is already delayed by 1.5 years.
Our agreement says I will be paid delay penalty if all installments paid in time, which I have done. But developer says he will settle penalty at registration stage. I agreed that also and completed final installment payment.
Further in the flat take over process, in take over doc to be signed by me, he also included a clause saying "I have no construction delay claims whatsoever". I again objected here. But they say that is a standard document and I have to sign, otherwise they will not hand over flat.I am still holding take over for this reason.
Summary: He is asking me to take over a completed flat in an incomplete building, says delay penalty will be paid during registration and also not handing over saying I have to sign a no no claim clause.
Kindly guide me on following concerns.
1. Is delay penalty till flat completion or till occupancy certificate?
2. Is the delay penalty to be paid in final installment or registration?
3. He is asking me to sign at hand over that I have no delay claim. Will it absolve builder from paying penalty? What legal option I have here?
4. Can I take over flat and then file case for claim for penalty till occupancy certificate? And also include in case the forcing such unfair clauses on customers(harassment)?
Worry is that if I go for legal before take over, he may not hand over flat at saying it is under case now.
Ravichandra
13 January 2017 at 07:19
Hi Experts,
I need your help in checking all legalities in purchasing a house. 2 properties came for sale in my native place.
1)First one, this house is purchased by the party in July 1996. Its a registered document. But they don’t have link documents etc from whom they have purchased. Now they want to sell. And also the exact party who purchased this house in 1996 is no more. His daughters 3 in number want to sell it now with the help of legal heir certificate and death certificate.
A)Can I go ahead even though they don’t have link documents before 1996 july ?
B)an I purchase this house based on the documents provided by parties daughter(selling
fathers house based on legal heir certificate and death certificate. THEY DONT HAVE
REGISTERED WILL )
2)Second one, This property is purchased by a old gentleman in 1957 year. Document is available. He gave this house to his 2 sons through a registered will. Now sons want to sell and old person who purchased is no more.
A)Can I purchase this house safely ? How to make sure that Old peson who initially purchased the house has written only ONE REGISTERED WILL (because REGISTERED WILL wont be coming in online ENCUMBERANCE CERTIFICATE)
B)How to make sure that no other legal heirs are there other than the 2 sons.
I humbly request you to Please suggest me on above 4 points individually.
I don’t want to give advance now with out checking legal formalities. Last time I lost my advance amount when I tried to purchase but deal not successful.
Please tell me which of the above houses is more safe for me legally.
Anonymous
13 January 2017 at 01:51
I am Grand daughter, My grand father wrote a will that the property will be given to my grand children. By the time he wrote the Will we haven't born. Recently my brothers planning to sell the property without consulting me. I am a grand daughter do u have the same rights?
Arun Kumar Agrawal
12 January 2017 at 19:25
Query:
Facts:
An oral agreement reduced to a memorandum of family arrangement was made in 1980 between my father (youngest of the three brothers) and his two brothers in respect my grandfather’s property and was reduced in writing and signed by all three of them. All three parties to the agreement are deceased. One of the clauses said that each member will have the properties against his name will have the property transferred in his name and will not have anything to do each other.
The eldest brother of my father and my father were allotted 1/3rd and 2/3rd share in an orchard.
The 2/3rd share property of my father was further divided into three parts, with one part going to my parents, one part to my brother and one part to me in1991 through a memorandum of family partition.
My father’s elder brother passed away in 2002 and has an adopted son as his successor (Referred to as A). My father died in 2006. My father’s elder brother use to reside in the village where all the property is located while my father lived was a doctor in a town 150 km from the village and completely trusted his elder brother who use to look after the orchard property. The orchard property was never divided or demarcated. The land was not mutated in their names and according to the revenue record continues to be in my grandfather’s name.
The land is located by the bank of the river on one side and by the national highway on the other. Some portion of the land in the 2/3rd share of my father has been eroded into the river. One does not know when.
It was discovered that though three different plots no ( according to the present revenue records) were allotted in the one third share of my father’s elder brother, only one is in the possession right now, the other plots which are adjascent portion are now common land in the form of a village road, This may have come up after 1980. As a result only 50 % of the land is in possession in the three plots.
So the present position of the land is that there is 50% short of land in the my father’s elder brothers portion and 40% in my father’s portion.
My portion of the land is adjacent to that of A
Recently in 2013 acquires the river end of the land and about 1.92 crore compensation was to be paid. A manipulated the records and the government officials to have 60 lacs to be paid to him and filed false affidavit
showing a portion of the land belonging to me and my father as his. This attempt was foiled days before the payment was to be made by filing objections under section 18 of the Land Acquisition Act.
Now he as has filed a tittle suit stating therien that he has been in continuous possession of land which was allotted to my father and then allotted to me. This portion of the land claimed in the title suit is in a different from the plot in which he had claimed compensation of 60 lacs from the government.
His claim is based on the error based in 1980 partition and possession.
Given the facts the following queries:
1. Is the suit time barred under limitation?
2. Is it a title suit or is it a revision of the partition and therefore should be a Partition suit?
3. What should be my defence?
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how to get rights in the name of my mother
My father expired two years back. He has some paddy fields and house on his name. He didn't wrote any will. All he got was his own. How to change all those to my mother name. Myself and one daughter he have. What are the rights we both have on that property. In order to change the name myself and my sister has to give affidavit as the token willing Ness?