TKN
24 May 2016 at 14:20
Hello Sir,
We are family of six. Father, mother, my wife and two children. My father own a property which has two portions. Both are rented and right now we are staying in my own flat which is far away from the property. There was a rift 5 years before and because of that my father wrote a Settlement deed in favour of his wife and me and it is registered as well. Now again the rift is starting to build and my parents want to move to their own house.
When I see the settlement deed, he has written some clauses which says that he can sell the property anytime without my consent and he is threatening me that if I dont give money to him he may sell the property. But if he moves there he is going to enjoy the one portion of rent which comes to Rs.12,000 and he has good bank balance as well. I am ready to take care of them all their life, but I see this clause is included intentionally to threaten me. I currently hold all the original docs like Settlement Deed, Parent document etc. I am attaching the content from the settlement deed here. Please let me know what can I do to prevent him from selling the property.
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Text from Settlement Deed
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Settlor – Father
Settlee 1 – Mother
Settlee 2 – Son (Myself)
1. That in consideration of natural love and affection the Settlor hereby settles, transfers and assigns all rights, title and interest whatsoever in the property described in Schedule-B unto his wife Settlee1 (being one of the Settlee herein) fully and absolutely up to her life-time with absolute powers of alienation and thereafter (i.e., upon the lifetime of Settlee1) in the event of the said Settlee1 dying intestate, to his son Settlee2 (being the other Settlee) to the exclusion of any other person.
2. That this settlement shall take effect only and immediately upon the life time of the Settlor up to which date the Settlor shall continue to enjoy the Schedule B property as its sole, absolute and full owner with absolute powers of alienation.
3. That in the event of the Settlor’s wife Settlee1 pre-deceasing the Settlor, the said property shall vest in favour of the Settlor’s son Settlee2 upon the life time of the Settlor up to which date the Settlor shall continue to enjoy the Schedule B property as its sole, absolute and full owner with absolute powers of alienation.
4. That the Settlees shall peaceably hold, use and enjoy the said property described in Schedule-B as their own property in the manner provide above, together with all rights and interests thereon and including easementary rights and the amenities provided therein, all fixtures and fittings without any hindrance, interruption, claim or demand by or any other person whomsoever
5. That all persons claiming under the Settlor shall and will from time to time upon the request and at the cost of Settlees do and execute or cause to be done and executed all such acts, deeds and things whatsoever for further and more perfectly assuring the title of the property described in Schedule-B and every part thereof unto the Settlees according to the true intent and meaning of these presents as shall or may be reasonably required
6. And it is hereby further declared that the property set out in Schedule-B settled herein is free from lis pendens, all claims or demands and the Settlor has not done anything whereby the said property may be subject to any attachment or lien of any court or person whatsoever.
Thanks
mangesh kurup
24 May 2016 at 10:42
If I purchase a land from land owner and goes for developing under SRA scheme as there are houses built over it as slums, do I need to give public notifications under section 3c and 14? Is it mandatory? Is there a way out without giving notifications?
Please help.
Srinivas
24 May 2016 at 09:39
Sir This is to inform you that I have owned a property through ancestral of my grandfather through a registered release deed by my uncle (fathers brother) my father is expired please tell me is there any dispute arise in future by my uncle or their children at the time of disposing the property or they have any right on the property after the release of the same
Sivakumar
23 May 2016 at 23:34
Property given to grandmother X (mother's mother ) by her father. X has 4 daughters A, B, C and D. All are married. X gave B' s share. B has two daughters B1 and B2. Both are married. With the help of govt B built a house in that property. What are the rights on the property B1 and B2 have?
Sivakumar
23 May 2016 at 22:38
If it is a intestate property which is devolved by inheritance then, Can father sell it not for family needs? Can father sell it for waste and damages? Any deadline for recover sold ancestral property? If any, is there concession on time?
vinda a. kawatkar
23 May 2016 at 17:37
A "will" handwritten in yr 2000, signed by deceased & duly attested by [2]witnesses has been spoiled in a sense ink flayed on some paper accidently . The handwritten text, signatures etc are visible/readable . can this accidental act prevent "will" being probated / 'wiil' rendered invalid ?
Deceased died in 2015.
SAA_Bombay
23 May 2016 at 15:42
Our society has some on going disputes with developer in court. Right now the matter is under arbitration. Meantime, we received a letter from developer mentioning that they want our office bearers to sign a Supplementary Lease Deed for additional space of 105 Sq ft used for redevelopment of our Scty. We want to know 1) why this deed is needed by developer? 2) how Scty benefits by lease deed? 3) Post signing can scty ask for other pending grievances of scty? 4) wht if scty does not sign this deed?
Please revert & guide us further.
adv.bharat @ PUNE
23 May 2016 at 13:56
a newly formed society memebrs wants to know AGM conducting procedure. Plz refer it for maharashtra.
adv.bharat @ PUNE
23 May 2016 at 13:52
Builder have constructed 5 story building in GP.
TP had given permisiion for 4 floor.
Now resident wants to form society.
Occupancy certificate is required for society formation.
Plz guide how to get it?
Thanks
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Landlord breaking lock-in period of leave and license agreement
Dear Sir,
I had taken a flat on leave and license agreement for 2 years with a lock-in period of 12 months. Registration and police verification were done. Now the society apparently had a bylaw that no bachelors would be allowed which the landlord was ignorant of.
The landlord initially said that he would fight against them but later backed out as he didn't want to jeopardize relationships and said that he has got a notice from society to ask me to vacate upto 21st June. He hasn't given me a notice yet but just asked informally. I am okay with moving provided he compensate me with an amount of Rs 30000 (equaling my brokerage, stamp duty, moving costs etc) plus returning my Rs 1 lakh security deposit.
If the landlord refuses can I refuse to vacate? As it is the landlord who has broken the lock-in period. I have been regular with my rents and have not broken any of the clauses of the agreement.
If I refuse to vacate will the society be able to take any action against me or just the landlord? Also if the landlord seeks to evict me legally what will be the procedure and how should I appeal? Also if it ever goes to court how long will it take? If it takes over 12 months I am fine as I will leave anyway after 12 months.
I am attaching the leave and license agreement.