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A. Amin   12 December 2015 at 12:45

Transfer fee

Dear Sir,

I am staying in a co-op housing society in ahmedabad. The original co-owners of our flat were my mother, myself & my father. In June 2015, we executed a gift deed by paying stamp duty in which my mother gifted her full share to my wife and my father gifted half his share to myself & half to my wife.

I informed the society committee about this gift deed and asked them to initiate the procedure for issuing new share certificates on my and wife's names.

The committee took a legal opinion in this case and informed me that I will have to pay transfer fees to the society as we have paid stamp duty to the government.

My question is transfer fee payable for property gifted in blood relation.

Regards

A. Amin

Anonymous   12 December 2015 at 08:14

dispute with neighbours on boundary of properties

My father had constructed a house in 2003 afterwards neighbours had constructed their building after few year he came to know that one side of my house is only 59 feet where it is 60 feet's on the paper then we asked to neighbours then they are telling that their land on that side is 28 feet's in the paper and also by measuring it b we also known that it is 28 feet's only now what should we do please give me a advice to me

Manikanta   12 December 2015 at 08:12

dispute with neighbours on boundary of properties

My father had constructed a house in 2003 afterwards neighbours had constructed their building after few year he came to know that one side of my house is only 59 feet where it is 60 feet's on the paper then we asked to neighbours then they are telling that their land on that side is 28 feet's in the paper and also by measuring it b we also known that it is 28 feet's only now what should we do please give me a advice to me

Anonymous   11 December 2015 at 16:46

Tenants not paying rent in pagdi system

I have 10-12 shops under rent in pagdi system in dombivli but 2-3 of the tenants do not pay the rent regularly. It has been an year and they haven't paid the rent after repeatedly telling them to do so. What action can I take as an owner to make them pay the rent by law.

Dhanashree J   11 December 2015 at 16:43

Tenants not paying rent in Pagdi system law

I have 10 shops in dombivli , Thane under pagdi system with the rents of 400-500 per shop but

A L ANTONY   11 December 2015 at 12:59

Right to inherited property

Sir,
I am a Christian married women with two children.
My grand mother inherited the properties of my grand father.
After the demise of my grand mother, the property was divided among the four sons. Since all the four were employed outside the state, it become difficult to manage the properties. A Power of attorney was, therefore, given to the elder brother by the other three brothers. The power of attorney authorized him to do whatever he felt good for the family. However, he sold a quite of number of plots and pocketed the money for himself. It is necessary to mention here that there was no addition to the property inherited from the grand father, either by him or by the other three brothers.
After a few years, he (to whom the power of attorney was given )and his wife, passed away , leaving the remaining property to the three brothers, including my father. The total area of the property was 195 cents including 30 cents where an old ancestral bungalow stood. Thus each of the three brothers inherited roughly 55 cents each. The property (30 cents) where the old bungalow situated, was again shared by the tree equally, i.e., 10 cents each. None of three brothers had added any property during their life time.
Subsequently, one of the three brothers, sold his share of 10 cents (1/3rd of 30 cents) in the bungalow property to my father during his life time, taking cash for consideration. Another 10 cents, owned by the other brother, willed away (gifted) his share of 10 cents to my father, who had passed away by that time.
My father has expired leaving a Will bequeathing the entire property (55 + 30= 85 cents) to my brothers. He was kind enough to give me 10 cents.
My question is –
1. Whether the 55 cents received by father could be considered as inherited property; if so what is my (and my two children) chance of getting a honorable share, instead of just 10 cents.
2. Secondly, as I mentioned earlier the 30 cents of land including the old ancestral bungalow, 1/3rd of which was inherited by him, 1/3rd was gifted and other 1/3rd was bought. Where do I stand in getting a reasonable share?
3. If the original Will left purportedly written by my father doesn’t constitute a valid will since was NOT registered and attested by two independent witnesses, However, this was deceitfully added.
4. I do not have any documentary evidence including copy of father’s will for the above. My mother, who hold the above 30 cents, now wants to give the property to my brothers. How can I stop it?
Kindly advise me
ROS
10.12.15

Struggling Landlord   11 December 2015 at 11:18

How tenant legaly protected if i remove display board attached in front of shop?

My tenants are very old (low rent paying) and are protected under regional Mh rent Control act 1999... Litigations are in process... But are able to prolong matter by paying small amount ... (I am facing genuine trouble--due to this attitude)... Now it has become part of my routine life...Your forum has helped me a lot... thanks to all ....

One of my tenant had displayed brand name on his shop along with his firm name....(We have not allowed other tenants to display name of any brands other than his own registered firm name).....

Can I remove forcibly the attached display board..? on such event what legal action the tenant may take ?... (this time I dont want to move court for such petty issue)...

since any other act against tenant comes under criminal act... so I am thinking of this remedy......

Please suggest your valuable opinion...

(My lawyer says we will file injunction application to restrain him for display...) But now I don't want to go to court on my own ....but let the tenant approch to court ......

So I need expert advice....

thanks in advance....

chander   11 December 2015 at 03:14

mcd booked floor

i am a nri and i purchased a 3bhk floor in 90 sq yards area on second floor in tri nagar , delhi. i was not knowing that the property is booked under mcd for unauthorized construction since 2012. the property was constructed in April 2011 and the seller to me purchased it in aug2011. the registry docs shown by seller to me during deal was not having any red stamp for mcd booked status. i purchased it on 25th nov 2015 and got it registered on my name from sub regVI. but when i recieved the new registry documents it is having a red stamp from registrar saying building is unsafe and property booked under mcd for unauthorized construction. when I asked the seller about this he said he was not known to this. property is booked for all already constructed 4 floors. there is parking available in at ground level. total plot area of property is 135sqyards.

what are the disadvantages and effects of this.
how to get it rectified?
if in future i need to sell it how is it possible?
how much money i have to pay now for clearing the stamp?

please advise

Samarth   10 December 2015 at 20:14

Limitation on property

Respected Sirs,

I am confused on what the Limitation is for a daughter to claim Rights on her share in Father's share upon his death in a Coparcenery property in Mumbai.

In a recent judgement Ms Roshan Dalvi had quoted as under -

Paresh Damodardas Mahant … Plaintiff
Vs.
Arun Damodardas Mahant & 3 ors.

31. This Court is only concerned with whether the suit is
barred by the Law of Limitation. If the plaintiff claims as an heir and
legal representatives of his deceased father, suit property would
devolve under Section 6 of the HSA by succession and not by
survivorship, the devolution would be complete on the date of the
death of the father. The right to sue any of the heirs and legal
representatives of the father would accrue on the date of the death of
the father. Hence within three years from such date a suit for
administration of the estate of the deceased upon such succession
would have to be filed.


Can any of the Legal Pundit clarify on this and throw more light? Many Thanks.

Nitesh   10 December 2015 at 18:08

Government land survey procedure in rahtoli(badlapur)

Dear Sir,

I have a land in Rahtoli (Badlapur)1.25 acre. I am looking forward to do a land survey. So please let me know the procedure step by step and also total cost for complete survey to be done.
Secondly i want to know procedure of transfer of certain part of land within family members.

Please advice experts.

Regards,
Nitesh