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nagaiah usurupati   23 June 2016 at 22:43

Property dispute

Dear sir, my sister is having a property in chennai and it was given to a family on rental basis. After some years my sister needs some finance and she made a sale agreement with the tenant for selling the property for Rs.8,00,000. The tenant was given three lakhs as an advance and the balance of Rs.500000 would be given after one month.

The tenant failed to pay the 500000 and the time given in the sale agreement also lapsed. When my sister went to the tenant and explained about the lapses of agreement and also offered to return the advance amt.what they have given and asked them to vacate the house.The tenant rqstd us to to continue in that house till they find a house, until that period they said to recover the rent from the advance amt. After exhaust of the advance amt, we went to tenant to vacate the house or pay the rent. But now they are refusing to vacate and challenges that property had owned by them. In this circumstances what we have to do to get vacate them?please suggest me the ways to get back my sister's property.

Saurabh Gaur   23 June 2016 at 19:21

Hello everybody, i have a query, please help.

(URGENT) There is a Joint Family (Hindu) comprising of Mother and Father and 3 sons. All 3 sons are married. Mother is having a property in her name which was her parent’s self-earned property and after the demise of her parents the property got mutated in the mother’s name (there is original Mutation Deed). Currently the said property comprises of a ground floor only.

Now the mother wants to transfer the title/ownership of the said property to her three sons equally after reconstructing the said property into a 4 story building. The cost of reconstruction will be borne by her sons (mutually decided) and after completion of said construction the property will be equally distributed among the 3 sons.

Mother wants that everything shall be in writing from the inception of construction.

What procedure shall be taken in order to achieve the said goal?
(If I had failed in making any point clear, please forgive me and feel free to ask)

Thank You.

Sree Sagar   23 June 2016 at 16:59

(urgent) validity of power of attorney

I am planning to buy a joint property (wife and husband). Wife is in india and husband is in USA.
Husband gave power of attorney to wife with all powers(find buyer,fix price,enter into agreement,take money,execute sale deed) to sell his portion in property.
the power of attorney is attested by indian embassy (USA) with husband signed only on last page of power of attorney and embassy stamped on all pages.
the same document(husband sign in last page) after courier to india, registered in india with wife signature in last page.
i entered into agreement of sale with wife to buy the property but now i am getting the following doughts.
1)is the power of attorney valid as all pages are not signed.is there any risk if husband tells middle page is replaced.not sure if this done intentionally missing signatures in all pages.

can we send the registerd power of attorney courier again to husband(USA) to sign all pages?
but the certified copy won't be having signatures in all pages.
how to rectify this error now? is there any way to re register so that only scanned copy is effected with out deed of rectification?
2)wife signature issues
her signature in passport is(xyz) where as in pancard is (xyz with two underlines),signature is matching except underlines
signature in previous sale deed is (xyz) where sale of agreement/power of attorney - signature is (xyz with two underlines)
will these types signatures causes any problems in future?
3)also wife's name has below issues.
wife maiden and husband surname is not included marriage certificate , and all id proofs are in maiden surname and sale deed and power of attorney is with husband surname.
i took affividat for both names are same but having signature is (xyz with two underlines)

as vendor is asking more money advance asap, please help on this quickly

Sanjeev   23 June 2016 at 14:08

Gram Samaj Patta

Hmara makan 20saal phle gram samaj ki zameen PR bna hua h Lenin uska abi to patta nhi hua h..
To kya ye possible h ki agr dusra pradhan us zameen kisi aur ko ptta kr skta h..
Aur kya ye possible h ki goverment chahe use khaki kra skti h...ya for hme ptta kr skti h...
Please provide me the full procedure...
Reply as soon as possible...

gaurav   23 June 2016 at 11:50

Transfer of home title

If a person wants to transfer his house on mother's name, is registry required. Any way to avoid charges

Shahidm228   23 June 2016 at 11:20

Do minors in muslim law have share in grand fathers property

Hi sr/madam,

We have bought a land from a widow women, whose husband and grand father in law expiered at that time.

Widow women and her 6 children signed registration deed in 1995 , now her minor children filed a suit in 2005 tht they have right in that property.

Please help us to win this suit

Shahidm228   23 June 2016 at 10:21

Muslim mother sold property after died of father and grand .

Hi sir,

My father brought a property in 1995 which is sold by a muslim mother and her sons. But she had 3 minor childrens. Who put a case in 2000 that her mother and brothers cheated and sold ther share . property was der grand fathers . and trail court order degree that pardanashi cant sell a minor property . and limitation time is 12 years and given share og 2/17 .

Please help me out how to win this case

sairam   23 June 2016 at 10:04

Reconstruction of apartments by owners

Hello Experts
1] I am a resident & owner of a Flat / Apartment in Chennai, majority of our residents/owners wants to for the reconstruction of entire Apartments thru a joint venture of with flat promoter, in this situation what are the legal / important points we have to keep it in mind before entering into an agreement with the promoter.
2] If any one of the owner oppose this proposal then whether it has to be stopped, is there any other ways and means to continue by ignoring the opposing individual owner. There are 28 houses in the compound.
Please give your experts opinion it will be very useful to us. Thanking you all.
SaiRam/23-06-2016

Ranbir   22 June 2016 at 23:22

Non transfer of property

Dear sir,
A person had purchased one property from the owner of the property and the person paid the entire purchase amount and the person started residing in the property but the owner of the property instead of transferring the property dragged the matters for years but know the person who was residing in the property died and the family members including wife and children are scared and in turmoil sir they are residing in the property for 15 years what legal step can be taken to save the property as it is known to the neighbours and the whole society but the owner is cunningly not transferring the property in the name of that person

savitri anamouli   22 June 2016 at 14:53

Is sec 23 of hindu succesion act, 1956 applicable on a daughter who died in 1996

Following the judgement rendered in

Civil Appeal No. 7217 of 2013 Supreme Court Judgement in Prakash & Ors v. Phulavati & Ors of 16 October 2015

facts of a case as below continue to be in question

a. An man bought a house ( living on first floor and rented ground floor- rented portion covered under rent control act) in 1944.

b. In 1944, he had 1 unmarried son and 1 unmarried daughter + 1 married daughter who never lived in the house.

c. He died intestate in 1964. His married daughter died intestate in 1997.

d. The son of the married daughter now wants a partition of the property claiming that

- his mother was a legal heir

- above SC judgement is not applicable to him but only to his sister

- since there is rented portion the house, Sec 23 of HSA, 1956 cannot become applicable (section was deleted in 2005 amendment)

Is he right in his assertions ? Will he be eligible to 1/3rd of the property ( that is his mother's entire right in case she was elgible in the first place since she was already married before the property was acquired by her father and moreover she died in 1997)