Anonymous
18 July 2016 at 11:25
My fathers property in karaikudi was forged ly changed by a person by saying that my father had given him the property by words and he gave this property to another person by writing and registered where this person sold the same to a person and registered. But in EC which we got in 2012 for our Fathers property.there has been no entry of such sale by any one what should I do
Rakshita
18 July 2016 at 10:31
We got married in Aug 2015. My husband bought a flat in April 2014. His parents,younger sister, elder brother, his wife live in that flat. We both live in another city.
When he bought the flat,he was working in another city so to complete the paperwork for the housing loan on his behalf, he gave Special Power of Attorney to his elder brother. We have now shifted to US.
Can his brother take the advantage and sell it off or misuse his rights? What are the dangers ? What are his limitations? What are my rights as a wife? Do I have more rights or the elder has more rights? What can be done to prevent any misuse by him?
Please note, my husband is the one who is paying all the emi so the liability is on him.
The document looks like the below :
SPECIAL POWER OF ATTORNEY
Known all men by these presents I ___ Son/Daughter of ___ Major, at present resident of WHEREAS I went abroad and stay outside for a long period on my Employment and whereas I intend to apply Andhra Bank__________ branch for a Housing Loan limit of Rs._____ and for the said loan Mr/Mrs. ______is the
Coobligant and whereas in the circumstances aforesaid, it is necessary also expedient for me to appoint an Agent to look after all my affairs during my absence. Now, known by these presents do hereby and here of appoint an Agent to look after all my affairs during my absence. Now, known by these presents I do hereby and here of appoint the said Mr./Mrs._______resident of ___ as my true and lawful attorney, for me in my name and on my behalf, either solely or jointly with some other person or persons, to do and execute all or any of the following acts, deeds and things
1. To execute, carry into effect and perform all agreements and contracts entered into by
me with Andhra Bank_______________ Branch with regard to the Housing Loan to be
availed by me from Andhra Bank ________________ Branch.
2. To execute acknowledgement of debt, acknowledging the liability under the Housing Loan
3. To execute agreement, deeds, under Sec.25(c)of Indian Contract Act for revival of the
debt referred above in case of necessity.
4. And generally to do, execute and perform all other act or acts, deed or deeds matter or
thing whatsoever which in the opinion of my said attorney ought to be done, executed
and performed in relation to the above Housing Loan.
5. To enter into Agreement to Sale and Sale Deed for the property to be purchased.
And I hereby agree and undertake to ratify and confirm all and whatsoever, my said attorney,
under the power in that behalf herein before contain, shall lawfully do, execute or perform in
exercise of the power, authority and liberty hereby conferred upon, under and by virtue of this
deed. This power of attorney is irrevocable during the continuance of the loan to be availed by
POWER OF ATTORNEY
I, _____ son/ daughter of ____residing at ____do hereby appoint and constitute, MR / MRS _______ S/o // W/o Sri _______residing at ___ as my Agent and Power of Attorney holder to deposit my title deeds with Andhra Bank ___________ Branch, on ________________. I do hereby further authorize the said Sri/ Smt._________ to made the said deposit of the title deeds and do all incidental and consequential acts in pursuance
thereof which the Bank demands in this behalf.
All actions taken by Sri/ Smt.__________in pursuance of this Power of Attorney shall be binding
DATE : (SIGNATURE)
Rohit
18 July 2016 at 08:31
Hello sir we are living in house which is in pagdi system as it was only one house but 26 years back the house is partitioned with my father and his brother.The problem is my house was condition of renovation I went to landlord to ask for permission to renovate house but he denied giving an excuse that I had damaged is property but partition back 25. Years go it was done .Now his saying like if I want his permission I have to remove that partition.As of now I didn't gonna remove the partition and doing the renovation work his guy is coming everyday and taking the p becoz itz must .but his guy taking pictures of the work.what should I do.. becoz he told me earlier if i do renovation work without removing partition he will file a case against me for damaging of property. What should I do and both house are different and room no are different but property tax receipt is one only for both house.So what to do now
Neil Dias
18 July 2016 at 07:42
We are 4 joint co-owners to a family property with 4 flats of a Dwelling House. by law, the residual land, we are tenants in common in equal shares. Pre -emptive clause for sale exists. However one mischief co-owner sold his share and of another brother to a third party without our consent. Now the third party/outsider is staying that we havent objected to the sale deeds (bogus and under priced) and that he is in lawful possession to 50% of the property. They lost the case before CTS and SLR at Mumbai. Now gone in Appeal at the DRL at Fort, Mumbai.
I need your help in getting a Supreme Court Judgement that all frauds done in a sale does not amount to a party to lawful possession.
ngopidhar
17 July 2016 at 23:51
now my mothers property case is under trial stage.since she is uneducated and in her old age (65 years) unable to understand and answer what other lawyer is asking we have asked our lawyer to allow anyone of us (her children) to be as friend of the client to help her in understanding what the other lawyer is asking and give proper reply.but our lawyer says it cannot be like that and my mother should face the opponents lawyer on her own in the trial,is this not jeopardising the case by our selves.secongly me completed my llb yet to clear bci exam and my sister practsing advocate can work along with our appointed advocate to deal with our mothers case as that would give immense strength to my nervous age old mother.now dont say why we gave this case to another advocate when we ourselves are tobecome lawyer and lawyer because we stay at some other place and the case is filled at some other place and secondly i am not sure if one can represent thir own kin and kith case . kindly advice us as to what our further course of action should be. thank you.
A.Bose
17 July 2016 at 17:24
Sir,
There is a house property in West Bengal registered in the name of my grandfather(father of my father) who passed away in 1992. He had his widow, 4 children, 2 sons and 2 daughters. One of the daughters is pre-deceased, has one son and husband living.
All of the above have decided to gift the property to me.
My question is, whether it will be a transfer of property to a 'grandson' (therefore relative) for the purpose of Stamp Duty or gift should be treated part wise, considering 'relationship' with each of the successors?
Regards.
Dattatreya
16 July 2016 at 19:50
Dear Sir
I am negotiating the property measuring 25X80 feet totaling to 2000 sft. , the said property is notified for road widening during 2010 by BBMP. (25X20 sft might be acquired for road widening), Whether i can purchase the whole property, if i purchase the property whether i will get the compensation or the previous owner is eligible for compensation.
ASIM
16 July 2016 at 13:12
Sir,
Can one sole owner of immovable property create a trust in respect of the property whereby he creates a trustee of a sole member and that is himself that is creating trustee in his sole own name .
Natasha Prakash Bankeshwar
16 July 2016 at 12:23
I understand that the Maharashtra Government has waived stamp duty on immovable property (including residential Flat) transferred to heirs or progeny OR relatives as GIFT. My daughter, Natasha, holds a Flat which was bequeathed to her under the last Will and Testament of her grandmother (proved and registered before the Hon’ble High Court). My daughter now wants to transfer her said Flat to her mother as Gift. I would, therefore, like to know: (1) whether any stamp duty is payable under the Bombay Stamp Act, 1958, on such transfer of Flat, and at what rate? (2) whether stamp duty is waived on such transfer of Flat under the Bombay Stamp Act, 1958, and from which date has the waiver on such transfer of immovable property come into effect? Thank you. Regards, Prakash Bankeshwar (For Natasha Bankeshwar).
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Regarding purchasing of plot.
Please give me advise regarding purchase of property. I have seen 100 sq. yards plot in which is not in Municipal Committee Area and at this time the plot is in Panchayat, there is no facility of sewerage, good roads and all the works regarding maintenance of roads is under Panchayat. I have met the property dealer regarding purchase of plot and requested to see the map of the plot. Please give me advise regarding purchasing of plots in that area is fruitful for future or not and I am a govt. employee.