Swapan Kumar Sengupta
04 April 2016 at 13:15
I am a resident of Howrah, West Bengal staying in the same house continuously for 46 years. I am residing in the ground floor of a 2 storied house, the upper floor of the house being occupied by the family of my late elder brother.
My father was the original tenant. On his passing away, my mother became the tenant. On my mother's passing away in 1990, and on being prodded by the landlord, I had agreed to the rent receipt in favour of my late elder brother. However, I have credible evidence, at least upto 2005, that I too was paying half the rent. Further, all my close relatives (all siblings and their progeny will also testify accordingly)
I have documentary proof of living here continuously - ration card, voter card, passport, gas & telephone connection in my name at this address.
What legal recourse I have to prevent legal eviction, if such an eventuality occurs.
Can I take any preventive legal measure to avoid any attempt at surreptitious ex-parte Judgement, as is reportedly arranged, by non-servicing of summons?
I shall be grateful for any response.
adv.bharat @ PUNE
04 April 2016 at 13:01
sir wife have take efforts and hard work to take residential house. While registering documents both names were included in document. Now there is quarrel between husband and wife with reference to the said property. Both party were leaving seperately from each other.Now wife want to remove her husband name from that property. What is the best way
1) Can husabnd make Gift deed to wife?
2) Can he make release deed in her favour?
3) If husabnd is not ready for such transfer then can court can give such order for transfer?
srinivas
04 April 2016 at 12:48
sir
my mother agd 80 is staying with me in pune .she has a plot in her name in tumkur karnataka. she wants to go GPA in my three sisters name for taking care of the same and dealing with various authorities.
whether Gpa notarised in pune will suffice for this if yes on what value of stamp paper or it has to be regd .if regd whether all my sisters have to be in pune for registering the Gpa .
if this is not possible whether Gpa can be done in bangalore or it has to be done in tumkur itself.
sharad maheshwari
04 April 2016 at 12:21
DEAR RESPECTED EXPERTS,
WE ALL ARE "HINDU""VAISHYA"
RELIGION, AND LIVED IN UTTAR PRADESH FROM BIRTH..
(MAI YE SAB ISLIYE POOCH RAHA HOON KI WO TEEN BETE YE KAHTE HAI KI KAISE PROOF KAROGE KI TUM FATHER KE BETE HO BHI YA NAHI OR KON SI MAA PAHLI OR KON SI DOSRI HAI .MERA KAHIN KOI ADHIKAR NAHI HAI.)
First Question -- When your father married first wife (Year)
ANS-THERE is no documentry proof ,she was illitreat
, When first wife Died (Year) .
ANS-JAN-2000
When your father married second wife(Year)
ANS-there is no doc.. proof,she was post graduate.IN her documents since 1977 mantioned WIFE OF aginst FATHER.
when She Died (Year) .
ANS-SEP 2014
What was Birth year of father , First Wife, Second Wife .
ANS-DOB OF FATHER IS 1939 IN HIGH SCHOOL CERTIFICATE,(madam ye hi to poocha hai ki HOW CAN WE SAY WHO IS THE FIRST OR WHO IS THE SECOND).EK KA NO DOC.. PROOF OR EK KA DOB-1946.
(YE BHI TO SAMBHAV HAI KI EK SE BACHCHE 15-20 SAAL BAD HUE HON)
Second question -- Which Religion you and your father and family follow (It is required for determining Personal Law applicable)
ANS-HINDU,OR FATHER NE DONO MAI SE KISI SE TALAAK NAHI LIYA OR NA HI KOI DAVA COURT MAI KABHI HUA.
Third Question -- Which Staten you are from and where both marriage took place.
ANS-STATE-U.P,BOTH ARE FROM U.P.
DEAR SUDHIR JI,
1-DONO HI SHAADIYO MAI PAHLI PATNI KA KOI TALAAK NAHI HUA.
2-MUJHE BATAYA GAYA HAI KI"PATNI KI MIRTYU(2000) KE BAAD AGRICULTURE LAND(PATNI KE NAAM WALI)MAI PATI KA NAAM AATA HAI OR IS HISAB SE PATI KI MIRTYU(2014)KE BAD AB 4 BETO KA NAAM AANA CHAHIYE ;CHAHE wo kisi bhi maa se hon?
sharad maheshwari
04 April 2016 at 02:14
dear SIR,
I am not smooth in ENGLISH
so i desccibe in HINDI.
"mere father ne do shadiya ki thi.Ek maa se teen bete and teen betiyan hain or dusari maa se ek beta and ek beti hai,sabhi marrigde hain.Pita ki mirtyu DEC 2014 mai ho chuki hai abhi tak koi batvara nahi hua hai or na hi hone ki ummeed lag rahi hai koi bhi nahi sun raha kyoki mai sabse chota hoon lagbhag sari sampatti par bade ladke kaabiz hain SO PLS ANSWER MY QUSTIONS AND HELP ME.............
1-kanoon me kon si PATNI pehli or kon si doosari hoti hai.kya unki marridge RAGISTERED honi chahiye agar koi bhi registerd na ho to?
2-pehli or doosri proof ke liye BASE kya hota hai?
3-ek patni litrate or ek illitrate ho to kon se document kam aa sakte hain?
4-dono patniyon ki mrityu PITA se pahle ho chuki hai TO sampatti mai sabka adhikar kaise-kaise HOGA?
5-MAI ek maa ke ek beta-beti maise ek BETA hoon to mera kya ADIKAR banta hai AGRICULTRE LAND OR CONSTRUCT PROPERTIES mai?
6-doosri maa ki agriculture land jo pita ne unke naam se purchase ki thi unki mirtyu(JAN 2000) ke baad us jameen mai kya mera koi adhikar hai?
7-kya ye kanoon hai ki both wifes are equal in properties of any type to kya meri maa ka aadha hissa banta hai lakin unki bhi mirtyu(SEP 2014)mai ho chuki hai/to kya mera adhikar is tarha se ho sakta hai?
SO DEAR SIR PLS GUIED ME AND ANS MY QUSTIONS AS SOON AS POSSIBLE I AM ALONE AND IN VERY TROBLESHOOTING.....?
Ajitpal
03 April 2016 at 15:15
Sir,
My grandfather comes from Pakistan in 1947 and start to live in house in Village-Khosa Randhir Distt - Moga (Punjab). Now, we want to sell that house and patwari tells us that your house comes in red line and it can not be registered. So please sir guide me how can we register that house at own name because we have been living there since 1947.
Sangita
03 April 2016 at 00:45
Hi I have taken property in Mumbai in 2007. After 2 years Bldg gone for redevelopment, but my name builder not forwarde to MHADA annex ire. Everyone vacate premises without stamp duty and registration. Landlord is builder. From seller we did affidavit and power of attorney notarized. We have taken tenancy agreement and rent recipe transfer. Till 2013 we were getting rent yearly cheques from builder. After that he stopped giving by giving excuse of financial loss. Now tower is ready. And now builder asking me to fetch seller to get sign on MHADA form. Seller is asking ransome huge amount. I am really worried for future possession.
Plz advise
RAHUL
02 April 2016 at 18:11
My mother has share in her father property as equall to all (father died) , without partition my mother's brothers(mama) are selling property, in this case weather my mother can registered her share in her son's name??
nitesh thakkar
02 April 2016 at 17:05
Transfer fees query
Respected Authority
We bought a flat in Mira Rd
Under the name of 3 people
My mother my brother & myself in 2010
My mother passed away in 2015
I gave my brother his share of 50% of the flat through a registered release deed document ,I paid stamp duty & registration charges .
Now the society in which this flat is the secretary & comitee members are asking for a transfer fee of Rs 30600.
I need your suggestion is this legal ? For them to demand rs 30600.we have already once paid the transfer fees when we bought the house in 2010.
I have not sold the flat to 3rd party.
I have just purchased 50% of my brother share.
Can u please find out whether it is legal or illegal for society to charge transfer fees in case of release deed with consideration amount mentioned on the document in blood relationship.
Thank you
Regards
Nitesh Thakkar.
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Tenancy termination
Hi,
We own an ancestral property which is ad-measuring 8 guntas. The land is a combination of cultivable land of 3 guntas and natural water reservoir (not cultivable) of 5 guntas.
In the 7/12, our neighbor added himself as a tenant (Sadhe Kul) without our knowledge and is using 3 guntas for cutivating flower plants. Also, 25 years back, he constructed a well in the water reservoir without our/Mamlatdar permission.
We had purchased the said plot of land in 1926 from the ancestors of the said tenant with a condition that they can use the water from the reservoir for next 25 years i.e. till (1951).
The tenant has not paid us a single rupee for using our land. Now last month we put up a water pump on this well to use the water, but he forcefully disconnected that and abused us.
Q1. As a landlord what rights we have in such a case under law?
Q2. since majority of the land is non cultivable, can we file an application to the Mamlatdar for removing the tenant?
Q3. Can we claim for the compensation for use of land and destruction of property?
Q4. Can we put a fence?
Q5. should we file a legal suit for tresspassing/damage to our property?