ngopidhar
15 July 2016 at 23:14
is there any limitation period to file a partition suit.my mother and we wish to file a partition suit for my mothers share in her deceased fathers inthestate property.but we only have information of survey nos of those lands which are partionted by my mothers brothers among themselves.but we are not sure if those lands belong to my mothers father or her grandfaughter. is she entitled to properties owned by father only or both her father and grand faughter. her father died in 1990.before we file a case do we need to serve any notice to my mothers brothers,and also what further steps to be taken by us other then such knowing the survey nos the land partioned by my mothers brothers. kindly advice us as how to proceed in this case.
ngopidhar
15 July 2016 at 22:42
can brothers and their children by taking advantage of my mothers absence in their village and by paying revenue to that agriculture land gifted to my mother by her father(late)wide registered gift, are now claiming that agricultural land as their own on the basis of adverse possession and on the basis of those revenue receipts.now how shall we proceed. can they claim on the basis of adverse possession? since my mother is their own blood relation.secondly does she have any right in the other inthestate property of her father which her brothers partioned among themselves with out giving any share to my mother when the same was brought to their notice they said that there is no law where daughter is also given equal share in inthestate property of deceased father.since my mother is old can i (her son)represent her in any court of law if a case is filled.the above mentioned property is located in kadapa district of andhra pradesh.kindly guide me how to handle this case.
Anonymous
14 July 2016 at 23:49
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
maxmoon
14 July 2016 at 22:02
Respected sirs
I had taken 2 flats from ansal api in Lucknow.
They were purchased in 2010. The builders office informed me that I would get posession by 2012-2013. They have dragged the construction for long and I have been offered posession and registration for the flat 6 months back which I haven't taken and not done yet.
I have been living on rent since so long awaiting for my flats.
I wish to file a suit against the builder for compensation for delay.please tell me is it worth it? Also should I do the registration now or Hang on.
ars
14 July 2016 at 17:48
1. In absence of any express writing, the share of the joint shareholders / members of the society or Company is always equal ?
eg. : if A & B are the members then their individual share is always on 50:50 basis or if there are three hodlers then they all share 1/3 part of the share / property ?
2. can the joint holders appoint different persons as their nominee i.e. going by above example can A' appoint X as a nominee for his 50% share and B' appoint Y as a nominee for his share?
3. can A' simply write in his WILL that his share be allocated to X or Y? without mentioning his % holding?
4. In case of death of a member, where the nominee was appointed, the Society has to , while transferring the shares in the name of nominee, write that X or Y is a nominee or that they are not entitled to sell the property? how to disclose prohibition on the nominee from sell of shares unless they are proved to be legal heir?
5. In case of shares of a Company - can the nominee gets shares transferred in his name and sell?
SANTTHOSH SHETTY
14 July 2016 at 14:43
I bought flat in redeveloped building in 2013, which got OC, and i got possession in May 2014. building has conveyance. In 2015 MC members and other old members started doing illegal extensions of chajja, dry area by demolishing the internal wall in the building. meanwhile we sent letter to MC members to stop illegal letter as new flat purchaser being our admission as society member was not done. till date we did not receive any revert on that complaint letter. now in 2016 builder is getting us added as member in the same old society and not forming new society.
1. can we take action against the MC members for doing irregularities in terms of illegal extensions during 2014-15, post completion of our admission as member to the society in 2016?
2. if yes then which act/bylaws or section is applicable and what action can be taken against them?
3. if no, what action can be taken now being member and illegal work of post obtaining OC and but we are staying since then.
4. Had it been builder added us as society member in 2014 post obtaining OC and conveyance, what was the action we should take against the MC members?
pls share any case study reference in the above matter
Arvind Singh Chauhan
14 July 2016 at 07:42
Property has been muted in UP. Now after two years, relative has approached to tehsildar for cancellation of mutation. Sir whether tehsildar has power to cancel such mutation which has muted according to law two years back.
Dinesh
14 July 2016 at 02:14
Dear Experts,
I have purchased a flat in mumbai from a builder who gave us an allotment letter when we booked the flat.
Now when the flat is ready for possession n we have paid almost the full amount , the builder says that the agreement for sale will supersede the letter of allotment which stated agreed terms n conditions.
Now they have changed some terms n added new heads of expenses in the agreement for sale which was not mentioned or informed to us at the time of allotment letter.
I would like to know if an agreement of sale can supersede the letter of allotment , and also if new charges can be added in the agreement of sale which were not mentioned in the allotment letter.
Thanking you all in advance for taking out time for reading my query,
Regards,
Dinesh.
suresh
13 July 2016 at 17:23
Dear Sirs,
I had purchased a Residential Land and got registered in my name in January 2015 without taking Original Title Deeds. I have been following up with the Seller of the property for Original title deeds but unable to get these from him. I have checked the Encumbrance Certificate (from Registration Dept.) before completing the registration and found that there were no mortgages registered against this property. I doubt that Seller might have mortgaged this property by deposit of title deeds.
Kindly advise what can I do now to protect my interest in the property.
Will such mortgage expire after certain point of time as per the Law?
What should I do to make the Seller liable for any encumbrances on the property prior to transfer of property on my name.
Many Thanks
Best Regards,
Suresh Babu.
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Gramthana property
Hello all,
My father bought a property in Mysore at Bogadi village in my name. He bought it from a farmer who sold his agricultural land in the form of sites to others. Huge piece of land was split into pieces and sold.
When I see the documents I can see only site allotment letter, possession certificate and one sheet from mandal panchayat register which mentions the khata number or jhunjuru number. My father has paid the charges at mysore city corporation also. He is no more now. I don't know why there is no sale deed. He never talked about it anytime. May be for gram thana sites there will not be any sale deed perhaps. I am not sure.
Now is there any way to know whether the plot is still in my name. When I went and asked in gram panchayat office they are not taking tax now saying that again it has been sold by that farmer to someone else and things like that. Is there anyway for me to find out what is happening with the above mentioned documents.
Kindly provide information on the same. Without sale deed is title verification possible for the plot of land. Kindly advise. Will there be any information in sub-regitrar's office for me to find out.
I have the encumberance certificate which doesn't talk about any transaction. However I am not sure if that is the right way. Kindly advice.
Regards,
Chitra