Dileep Vaidya
15 June 2016 at 20:42
I have N.A. plot in Local Grampanchayat area at Maharashtra.
Is it necessary to take permission or Grampanchayat or Tahasildar to construct compound wall for N.A. plot ?
KETAN J SHAH
15 June 2016 at 18:09
Respected Doeb Sir and all the experts.
My query is if I am ready to share the 20% rent with three other family members then do I need to go for probate.
As I have said earlier in my query the will of my father is not registered and I am the benificiary of the assets of my father as per the will. I have received all other assets except the rent received from the Bank.
Please advice wether I need to take a probate even if I being the benificiary and I have No objection to share the Rent with the other legal heirs
Thanking you in advance
sudhakar s. yeradkar
15 June 2016 at 17:54
Respected sir,
My wife is the member of Co-op Housing Society as the flat is on her name. The society is charging undue and unofficial charges in the maintenance bill for every month which are not permissible by the Bye laws of the Co-op Hsg societies.
Being a member of society my wife and few members are resisting for the charges but society committee is not considering their request b'coz of lack of majority. What would be provision if I wanted to become a member of the society and to attend AGM of the society.
I came to know that I can be a associate member but no permission to speak in the meeting or take part in the discussion in the meeting.
I seek your kind guidance how I can attend the meeting and discuss with the society committee members for justice.
Waiting for your expert advise.
Thanks.
Karunesh
15 June 2016 at 17:22
I have purchased an apartment in electronics city Bangalore which is under construction. Recently Delhi high Court Ordered Service Tax Exemption for under construction apartments. I checked with my builder but he says it's not applicable to Bangalore. I have asked for justification which he will give by next week.
I need your help.. is it possible? What should I do next?
Ramamurthy
15 June 2016 at 07:38
I have two storeyed house in Bangalore. My family reside in first floor. Ground floor was rented out to a businessmen in September 2015. But I took rental agreement in march 2016 ( he did not tell his age , so age not mentioned)
Now tenant paying rent after multiple remainders sometimes it went up to month end. I fed up asking rent many times. He is saying multiple reasons while paying rent. And also his spouse( she is illiterate) creating nuecence , like gathering with neibors in parking area , gassiping , shouting or talking bad about others etc..
Really their actions distracted from peaceful life.
Can I give legal notice to evict the house? Anyhow I am planning to occupy the house , I don't want this nuecence in future.
Waseem
15 June 2016 at 01:26
I am a Sunni Muslim and have 3 brothers and 2 sisters. My father died in the year 1996 leaving behind the following three properties:
1.Undisputed - Self Earned, 20 Acre Agricultural Land at prime location
2.Undisputed - Self Earned, 10 Acres Agricultual Land at prime location
3. Disputed - Ancestor property of 25 Acre Land Agricultural Land at rural location.
Property 1: My father had divided the 20 Acres land amonst all his children during his lifetime, this property remains undisputed
Property 2: In the year 2000 (6 years after the death of my father), all the 4 brothers and 2 sisters got the mutation of this property in our names and still possess this property as joint property.
Property 3: My father gifted the 20 Acre Agricultural property to me in the year 1994 (2 years before his death) via oral Hiba, in presence of witness. At the time of gifting the land he handed over an original sale deed pertaining to the land which was bought by his father (i.e. my grandfather) in the year 1954. I got the mutation of the said property in my name in the year 2001 (7 years after the oral hiba & 5 years after the death of my father)
Last year, in 2015 (19 years after the death of my father & 17 years after the mutation transfer of the land in my name), all my brothers and sisters have filled a partition suit against me, claiming their right on the suit property. They were well aware of the fact that the Property 3 was gifted to me by my father via Oral Hiba as I used to take care of him during his olden days. My siblings were also aware of the fact that I am the owner and sole possessor of this Property No. 3. However, there was a delay of 7 years in the mutation, the mutation of this property was done in the year 2001 on the basis of the oral hiba.The delay was due to my ill health and my work location being very far away from the property location.
In the Written Statement to the suit filed, my advocate has mentioned the following facts:
I am the absolute owner of the suit property on the basis of oral hiba that was done by my father during his lifetime. Alternatively, I claim adverse possession since I am in possession of this land for more the 12 years (20 years). I had informed about my possession and oral hiba to my siblings at the time of Third Day death Ceremony of my father (i.e. In the year 1996)
My advocate has suggested 2 options to me about the inheritance of this property:
Option 1: I mention that the suit property has come to my father through his father (i.e. my grandfather) and I produce the original sale deed of the year 1954 when my grand father has purchased this land. As mentioned, my father had handed over this sale deed to me at the time or oral hiba, in the year 1994. My father became the absolute owner of this property after the death of his father (i.e. my grandfather).
Option 2: I mention that the suit property was earned by my father itself. My father being the absolute owner of this property has the right to make a gift of the property in my favour.
Kindly suggest which of option 1 & 2 would be better. Follows are the Pros & Cons of both the options in my opinion
Option 1 Pros: The handing over of the Sale Deed by my father at the time of Oral Hiba. If I produce this original sale deed in the court, this will serve as an additional evidence for the act of Oral Hiba.
Option 1 Cons: My father has one sibling, a brother, who is deceased. His hiers may claim the property later if they come to know that the said property had belonged to their grandfather. Although they are not aware of this property at this moment, they live in other part of India.
Rishikesh
15 June 2016 at 00:59
Hello, I have purchased a flat last year and also applied to society for share certificate. But still society chairman and secretary are not responding to my application.
Please suggest.
Thanks,
Rishikesh
Srikala
14 June 2016 at 22:24
Sir/ Madam,
We had entered into a sale and construction agreement over an upcoming project ( not yet launched ) . We have paid an amount of Rs. 10,50,000( which is 10% of total cost ) .
The agreement is made on Rs.20 stamp paper ,made on 22nd October 2015. The registration is yet to be done.
We now want to cancel the agreement as the project is not being launched or started , which was initially believed to have started a year back, as per the oral commitment from the builder .
The agreement says that in case we have to cancel the agreement now we must pay 15% of the total cost , which happens to be around 15,00,000.
What is our stand here ?? Do we really have to loose our money for this project ???
Thanks.
Srikala.
Mrunmai Deshpande
14 June 2016 at 18:17
Is the nomination alone is sufficient to get the residential flat transferred to the nominated grandson after the death of the owner or all the legal hairs have to follow some legal procedure to complete the transfer procedure ? Please explain.
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Construction related problem
Dear Sir, currently our society is facing related to unauthorized construction over certain floor, as an society member as well as individual I am concern how we should handle this situation, although builder is communicated to us and working for us as he is sharing the information but we are not sure current situation is how much our favor and how much not, can you advise what should we do ? or what As an individual I can do?