Sashidhar
12 January 2017 at 15:31
Gud afternoon sir...
Can u plz give me the clarification whether the rule of agriculture Land celling have changed r not as mentioned above by lawyer Bhadra Garu
Rajendra
12 January 2017 at 15:03
Dear Sir,
Please guide me how to Consult the concern court registry to know about it.
In which department the court Registry is filed in Bombay High Court?
Please Guide me.
Mani bharathi
12 January 2017 at 14:21
My dad's brother sold a property in 1997 but unregistered. From that year my family agriculture that land till now. My dad expired in 2015 and now 2017 my dad's brother came forward and give complaint that i am using their property and they need back their property. I have all the proof like witness and their sign sale in 1997 but unregistered. What shall I do?
lawyers
12 January 2017 at 12:35
Hi,
I stay on Leave & license basis in a Mumbai CHS. I live in the same apartment since more than 5 years by renewing the agreement with the owners.
The CHS has open car parking on first come first occupy basis.
The parking charges are different for owners and tenants. Rs 100 and Rs 300 resp.
I have a second car now and suddenly the CHS is asking for Rs 1000/- as parking charges for the 2nd car.
The car parking space is easily available as there are hardly any cars of owners in this CHS. No owner has a 2nd car.
I feel this is extremely unfair practice and is there a way to challenge it legally?
What is the process that I should follow? Does the law allow a CHS to charge any amount as per their whims and fancy?
Your help will be highly appreciated.
Rajendra
11 January 2017 at 20:42
Consent Terms duly signed by the parties and
Their Advocates tendered, taken on record and marked “X”.
Decree in terms of Consent Terms.
Refund of Court fees as per rules.
Prothonotary to act on the Minutes.
Smt. Ramrati Radheshyam Gupta ) . . . . PLAINTIFF
Versus
1. Ramesh Ramdeo Gupta & Others )
2. Rajendra Ramdeo Gupta )
3. Pushpa Ramdeo Gupta )
4. Kamla Ramdeo Gupta )
5. Devendra Radheshyam Gupta )
6. Mahendra Radheshyam Gupta ) . . . . DEFENDANTS
CONSENT TERMS
1. The Defendants waive service of Writ of Summons.
2. Defendants admit that the properties described in Ex ‘A’ to the plaint were the property of Hindu Undivided Family consisting of plaintiffs and defendants.
3. Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, admits that under an Agreement of Family Settlement dated 1.10.1998 at Ex ‘D’ to the plaint, defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta received from the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta a sum of Rs.75,000/-(Rupees Seventy Five Thousands only) by cheque no. 434494 dated 25-1-1999 and another sum of Rs.75,000/-(Rupees Seventy Five Thousands only) by cheque no. 434495 dated 2-2-1999 drawn on Shramik Sahakari Bank Ltd., Sakinaka, Mumbai branch totaling to Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) in full and final payments of the value of their share in the property mentioned at Ex ‘A’ to the plaint and in consideration therof they have relinquished, released and surrendered all their right Title and interest therein in favour of the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta. Defendants admit the correctness of the contents of the said Agreement of Family Settlement at Ex ‘D’ to the plaint. Defendants further admit that they have duly signed the said Agreement at Ex ‘D’ to the plaint after being read over the same to them in Hindi language. Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, admits that they have now no right title and interest of any nature whatsoever in the said property described in Ex ‘A’ to the Plaint.
4. Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, agree and undertake that they will neither interfere with the management of the said property by the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta as exclusive owner thereof, nor shall they interfere in getting the said property transferred in the name of plaintiff And defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta.
5. Decree in terms of Consent Terms.
6. No order as to cost.
NOW PLEASE GIVE SUGGESTION TO BELOW MENTIONED MY QUERY :
IF PLAINTIFF EXPIRED AND DEFENDANT NO.1 IS ALSO EXPIRED AND THE GIVEN RIGHTS WERE NOT EXECUTED IN 17 YEARS BY THE RIGHTS HOLDER i.e. DEFENDANT NO. 5 & 6.
NOW I WANT TO KNOW THAT IF RIGHTS WERE NOT EXECUTED IN 17 YEARS BY THE DEFENDANT S NO. 5 & 6,CAN DEFENDANTS NO. 5 & 6 WERE EXECUTE IT NOW?
Abdulla C
11 January 2017 at 15:18
Incase the husband dies leaving wife and children's behind and there is no nominee registered, does the transfer of share certificate of the flat needs succession or legal heirship certificate.
Godfrey Gigool
11 January 2017 at 13:27
My family lives in a one room kitchen under pagdi system. We are six members in a family. We are staying there since my grandfather's time about 50 Years. Firstly the land lord was a other fellow who used to take the rent including the water bill. Later he sold the property to another fellow who used to tk rent but water Bill section Was not written in it. But from About past 30 Yes. The water line is used by me and my neighbor. He is the land lord. Sudden in December The water stopped. When we called the water department he said the water bills are not being paid. We spoke to the landlord so he said due to increase in tax we have to pay 200rs extra. We even agreed for it but still the water was not started. Two days back my father And my neighbor went to tlk to him again so he Said that we wil have to pay 30000rs each . I am even ready to take a new connection of water line but I am sure that he won't giv me an NOC. For information the landlord want me to vacant the place since 10-15 yrs. Bt he is giving us less than half the value of d property n so we have denied him. Kindly advice what to do because it has been 20 days since no water.
Nishant Agrawal
11 January 2017 at 09:33
We have taken SME loan from a bank for our pvt ltd company and one of few collateral securities includes one immovable property in the name of relative of the directors. This property is jointly owned by a Mother (Aged 90 plus) and his son (Aged 60 plus). Recently son has expired unfortunately. He did not write his will and as per succession rules his share has devolved to the following family members, deceased's one son, deceased's two daughters, deceased's wife and deceased's mother (90 years plus as mentioned above). Now all these members namely deceased's old aged mother, two daughters, deceased's wife want to do haq tyag (relinquishment deed) in favour of deceased's son. So he will be single owner. Now the questions arises as follows:-
1. Sub Registrar has denied to register relinquishment deed without seeing the original registry of the concerned property. Original registry is kept in the custody of the bank as mortgaged property. Whether registrar is legally right in saying so. There is a difference of opinion on this.
2. Whether such relinquishment will attract stamp duty which is already paid on the mortgage of the property to the bank. (Here I am not asking stamp duty on relinquishment deed, I am asking stamp duty on Equitable Mortgage, please note that there is no enhancement in loan amount).
3. Bank is saying that relinquishment can not happen of a mortgaged property and first it will have to release the property by taking approval from competent authority and then re mortgage of the relinquished property with new owner will take place, but this will attract heavy stamp duty to us. Stamp Duty in MP on EQM is max. Rs. 10 Lacs which will get attracted in this case. Can this be not done after taking NOC from the bank instead of releasing the property from mortgage.
4. If we give NOC of the bank to the sub-registrar for relinquishment then also he may insist for show of original registery and deny to register haq tyag.
Idea is only to save heavy stamp duty and get the work done.
Mrunmai Deshpande
11 January 2017 at 07:09
Thanks for the help.
My Mother is 88 years old. She is totally bed ridden because of severe osteo arthritis and severe osteoporosis. She owns a flat in a registered CHS which she wants to sell. As the sale deed or power of attorney can not be registered due to her physical disability for to be present at Registrar’s office, will you kindly suggest the way out !
Can we Notarize the Power of Attorney Document and go ahead for Registration. Please advise !
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Title suit
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?