pushpakrishna
28 November 2016 at 17:49
dear experts
what is the difference betwen PROBATE,LETTERS OF ADMINSTRATION AND SUCCESSION CERTIFICATE.
thanq in advance
Avishek
28 November 2016 at 16:17
My grandmother had bought 2 pieces of lands in 1962 and 1964, at Garia, South 24 Parganas (now Kolkata 84). Original deeds were washed out in 1978 heavy rains, and certified copies were collected in 1979. Since then we are using the certified copy for all practical purposes.
In 1999 my grandmother died, and property came to my grandfather, uncle and mother. Same was updated in municipality records by means of an Affiidavit, but not mutated in land record.
Later we constructed an apartment on the land. Sanctioned plan and all applications bears my grandfathers name. Subsequently my grandfather died, but the same was not updated in municipality records. My mother and uncle registered the sale deed for all flat owners, but kept two flats for our own use.
Now my uncle has also died. Completion Certificate and Completion Plan has been obtained bearing my grandfathers name.
My queries.
1. When i went to mutate the two flats, i.e., one in my mothers name, and one in name of my widow aunt and brother, they told me to transfer the land first by means of waarish certificate and death certificate. How to obtain waarish certificate in kolkata? Can't it be done my Affidavit?
2. Then, how to mutate the two flats, i.e., one in my mothers name, and one in name of my widow aunt and brother? Do we require an Affidavit declaring who is taking which flat, since there will be no sale deed?
3. How the above owners name will be updated in all land/ flat related records to enable future selling of the flats (if necessary)?
Please guide us, as myself and my brother are completely lost in this matter.
mukund
28 November 2016 at 15:45
i have rented out my flat
agreement is registered
i issued one month notice to tenet to vacate my flat
he refused to accept notice.
threatened me he will not vacate
and he will move to court
will court entertain him
what should i do
chandra hebbar
28 November 2016 at 14:23
Hi,
I have purchased under construction apartment 3 years back and during that time I have not purchased car parking area separately.Because as per court of law builder cant able to sell car parking separately.Now I heard that law has been changed and he can sold car parking area separately. If yes what is the solution for my case.
abdul salam
26 November 2016 at 12:52
Respected Seniors,
Please provide me legal suggestion in my following matter
I am seeking your advice for my muslim neighbor who is non drinker/smoker is retired now from central government service. He and his wife are central government servants of same department. Thirty years ago when they applied for a housing loan their employer had asked them to choose one among themselves to get a housing loan as per the government policy of one family one house at that time.. Hence, he gave the option in writing to permit to avail home loan in favors of his wife with no objection certificate. Both have constructed double bedroom house of 550 sft through the housing loan of Rs.110000/-(RS. One lakh ten thousand only) Both have invested their previous savings to complete the work.
This year he has renovated the house by spending Rs 1500000/-( Rs.Fifteen lakhs only) to construct additional two rooms and a car park. He also replaced the entire flooring with latest designed tiles for 1100 sft. Also, painted the entire house including grills ,doors, windows and wall. He has spent half of his retirement benefit funds for this work.
Thirteen year ago his wife has removed uterus with prior discussion with Gynecologist without his prior consultation and consent( all of sudden) at the time of second delivery under pressure from Doctors in operation theatre. Since then, there was a frequent quarrels between them. They are separated in their house under one roof. He said that she has denied him conjugal rights after the removal of uterus. She has also instructed her daughters not to speak with their father and his relatives . That made him to lead a lonely life at home as there is no one to help him when he fell sick. Few years back, he got a severe chest pain. He himself called a AUTO and admitted in to the hospital. The night duty Doctor has done a angio immediately. Two days later he got discharged with some medicine. At this crucial time of his life , his wife and daughters have not turned up to the hospital.
Last week it seems there was a big quarrel again between them and she ordered and shouted at him to leave the house immediately ( as the house is in her name) to enable to hear the neighbour of the entire street .
He came to my house with big shock and narrated the above details. At present he is living with me. I therefore request you to kindly guide me in which way I can help him in right direction to resolve his problem permanently as he is afraid to go there. He says that she will kill him by mixing something (poison) in food. He wants to give her talaq as he don’t wish to live with her disrespectfully anymore. Don’t he has the rights in his house as his wife is claiming it is in her name. He has spent his thirty five years of yearning for them. He says that she has not spent a rupee for him and to the family in thirty five years. He has not asked her salary so far .He says that he do not know to where she has saved / invested her salary .She has not attended a birth, death and any social function from his side relatives so far.
Can he stay in the new portion constructed by him through his retirement funds. How he has to claim his rights on his house. Please clarify and guide me in right direction to help him to resolve his problem smoothly within the four walls of his house.
yogesh sheth
26 November 2016 at 10:17
Respected Seniors,
Please provide me legal suggestion in my following matter. We are holding a ground floor flat in Kolkata since 1982.Intially the rent receipt was in the name of my elder brother but after completion of agreement term on verbal request of landlord it was changed to my father's name and the tenancy was continued.In 2000 our landlord expired and converted the ownership of building to a trust and appointing her wife,sister and nephew as trustee. In 2001 the said property was gifted by main trustee - wife of landlord to her adopted daughter and son in law with an intimation to us and confirming the tenancy will continue as it is we are pay rent to new landlord.In 2002 my father expired and we requested to issue the rent receipt in name of my mother's and others I.e we 3 brothers as successor but it only issued in my mother's name.Now my elder brother has also expired and the flat is occupied by my mother, widow of my brother and his son .The total area we are occupying is around 625 sq ft super built up and paying a rent of RS 2200/- and increasing the same every 3 Years by 10%.Now the current landlord has sold the building with an intimation to us.Now the new buyer of the building is claiming a rent of RS 12500/- and asking to vacate the position.Since last so many years there is no written time bound contract and even the old landlord has not refunded our security deposit nor transferred. So please suggest me how to proceed to safeguard our tenancy Can he claim such a huge increment of rent after knowingly the rent he has purchased the building. My mother is already 87 years old will my deceased brothers wife can claim tenancy now or after my mother.
Read more at: http://www.lawyersclubindia.com/forum/Tenancy-right-under-West-Bengal-Tenancy-act-144642.asp
Hitesh
25 November 2016 at 21:39
My mother has a flat worth approx 25 lakhs. In her agreement nominee is my 2 sisters and presently my elder sister stays there on rent by giving heavy deposit to my mother at the time of buying that flat.
Me and my brother both stays Seperately on rent.
Recently, my mother realized and decided to sell flat and give us share from whatever amount she get by selling that flat.
Since last few days her health became very weak so she want to make will and write our rights in that flat.
My questions are
Can she make will at Home? Or professional advocate require?
After making will registration require?
What are registration charges?
What should be the format and require to write on stamp paper?? If yes how much?
Any other information which I missed
Please advise.
Krishna
25 November 2016 at 20:04
On 29th Oct, 2016, I signed an "Agreement of Sale", on Rs 100 Non Judicial Stamp Paper in Hyderabad, with a builder for sale of flat for a price of Rs 20.00 lac as per market value and paid 8 Lacs as advance amount and balance payable at the time of registration of sale deed and a workorder was created for another 15 lacs. I have applied for Bank Loan for rest of the amount and waiting for approval from bank.
Now with demonetization real estate prices are expected to come down, so am planning to cancel my agreement of sale with builder and we didn't had any cancellation clauses specified in AoS.
1)Can i proceed cancelling my Agreement of sale and get my full advance amount back from builder?
2)Is there any possibility that Builder will not payback my advance amount & proceed with legal suite.
Kindly give suitable advise.
Thanks
priya vert
25 November 2016 at 15:41
My elder sister have a 2 BHK Builder apartment in Faridabad, Haryana in her name and she had made all payment and convenience deed is executed and registered in her name and deed of apartment also registered. Now she want to gift this apartment to her real younger sister. In Haryana state Govt remitted the stamp duty for transfer of immovable property within the family member to any of the blood relation (sister(s)). For execution and registration of this Gift Deed we have contacted two advocate. One advised that this will be Family Transfer Deed and another told this will be Gift deed. Please clear the confusion. What will be the Title of the Main Document?
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Society not Registering Shares n Names
Society has been given legalised n registered documents of Gift Deed, Index 2 as well as notarised family settlement MOU. Its 2 months noe society has not registered names & shares in the register . They are still contemplative
Under law can the society be made to include and register the names and shares. Any reference Law and Bye law no. under which it can be done plz hekp and guide
With gratitude