saurav jain
14 October 2015 at 21:28
HELLO ,
In 1967 a mother and her 3 sons has sold me her husband's property which is about of rs. 2000000 now.At that time two daughters of her were minor.so mother and her sons didnt said anything to them..But now daughters wants to claim their portion of share in their father's property..Are they entitled ??..or if yes then what would be the timelimit to file a claim ? and from whom she is eligable to file a claim ? And what is my liability in this case ? i was simply a buyer.
Sanjay
14 October 2015 at 18:05
Sir,
I am residing in CHS, Mumbai.
I had purchased flat in 2012. Society asked for 75000 as transfer premium. Society gave me receipt of 25000 for Transfer Premium & rest 50,000 (25,000+20,000+5000) 3 nos receipt for BUILDING DEVELOPMENT FUND). I paid amount when I was purchaser, means I was not member of Society & was in need of NOC for purchase.
Later I came to know its only transfer premium is 25,000.
Sir, after 3 years can I ask Society to refund 50,000 back to me ?
Simultaneously can I directly register complaint in Police ?
I am doing all these cause MC is acting like dictator & not solving members problem & lot of harassment of members happening.
Other 2-3 members paid 40,000, 60,000 for the same but no resolution pass for 75,000 ever.
Expecting valuable expert's opinion on this.
Thanks in advance.
Mangalesh
14 October 2015 at 13:40
I have opted for a minor index two correction on 1st october,2015.
I have been visiting the registrar office for the past two days and they are not coming up with any answer.
I wanted to know after how many days they should process the correction and make the changes according to indian law and what should be my next step?
Shweta Shah
14 October 2015 at 11:27
Dear Sir,
We have purchased Flat at Andheri situated on a plot which is leasehold for the period of 99 Years. Currently 49 years have been completed and we tried to approach landlord for converting leasehold to freehold but they denied for the same.
50 years are still pending but we are unable to sell the property as no one is interested in buying leasehold property.
We would like to know – What happens when the lease period gets over? Are the owners required to vacate the flat?? What kind of payment is required if the lease is to be renewed?? Can the lessor ask for termination of the lease even before the lease period is over?
Does the law anyway protect the flat owners in such case when the landlord does not want to renew the lease?? or we should give full possession of flat to landlord without getting single penny?
Also our landlord have sell the 50% of property to one of the builder without intimating us, do we have any rights to oppose for that??
Thanks,
Shweta Shah
Manohar
14 October 2015 at 10:09
Dear sir,
My aunty filed a false complaint on me, for asking one more time property share. We have given her share but partition deed not done. Now again she wants to misuse of this. The property rights transferred to her name then she sold that property. Now my query is they filed case and case number updated in computerised RTC, stay is up to 10/06/2015 only.
We are not received any notice from court, her lawyer sent notice.
In this case is there any provision to remove the case number in the RTC. Please advice.
Thanks
Manohar babu
sunil kevin
14 October 2015 at 08:49
Respected Sir /Madam
my father who had expired 12years back and my mother expired 8 to 9 months back, we have a house which is still in my fathers name now i want to sell that house, there is no will ( this property is in Hyderabad)and i am christian.
1. Do i need to transfer the said property in my name first and then sell
2. can i sell directly to any person.
3. if i can sell directly what are the procedures of then what i have to do to sell the same .
kindly advise
regards
S.patrick
Prasad Pohekar
13 October 2015 at 23:11
Dear sir,
As i serch property in keshav nagar area it comes under grampanchyat and builder is saying that it has not pass town planning and so i have to take loan from cooperative bank. Also he is saying that the land is collector na approved. Please guide me can i go for it or not also is there any legal processing if i purchase it.
sukrut patil
13 October 2015 at 17:37
Hi,
I stay on 2nd floor in 5 floored apartment.
My flat has a 10x12 terrace attached to a bedroom. It is a private terrace. Above the terrace there is nothing and it is not covered.
There is a leakage in 1st floor flat from this terrace. The owner of 1st floor flat is asking to get it fixed.
I want to know who should pay for the repair charges. Do I need to pay for complete work or 1st floor flat owner should contribute in the repair work.
I read that society should do the terrace repair whether it is private of common as for 1st floor flat it is like top terrace.
More info.
1. MY flat is in a co-operative society.
2. I am paying monthly maintenance to society.
3. Its a 7 year old building. (So I don't think it is because of some construction problem)
Thanks & Regards,
Sukrut
Anonymous
13 October 2015 at 17:12
In 1964 my grandfather A was given a license to enjoy a rent-less stay in his house by his elder brother B. This was just a verbal agreement that whenever ‘B’ or his successor’s needs the said portion it will be vacated and handed over to B’s family.
In the year 1973 A passed away. Meanwhile in the year 1979, the local municipal authority mistakenly put the house tax of the said portion against the name of A’s wife AW (my grandmother). This was corrected after the series of written objections by B, from the year 1979 till 1989. In 1989 the house tax of the entire property was restored back in the name of A. In the year 1993 AW passed away, after which A’s son AS and his family kept enjoying their stay in the said portion.
AS and B, both passed away in the year 2010. House tax of the entire house was transferred against B’s wife BW. In the year 2011 govt of Uttarakhand introduced a free-hold policy to get the property freehold. BW applied for the same, which was objected by me in Jan/2012.
Later in 2013, while searching the old papers and bills we came across a document “Zubani Khandani Batware ka Yaddasht-nama”. This document is dated 03/11/1977 and says that A and B came into a verbal settlement in 1964 that the portion of house each one is residing in belongs to them, and the doc was needed now so as that no conflict arises in future. The document is signed by my grandmother AW and B. This doc is neither notorised nor registered, just on a simple plain legal sized paper. This doc has 2 witnesses, no. 1 is the eldest brother of A & B, and no. 2 is my maternal uncle. Witness no. 1 died in the year 2012, witness no. 2 is still alive and I have taken an affidavit from him saying that the above document was made in front of him and he remembers to sign it. This affidavit is notarized in Delhi.
Now B’s wife has served upon us a notice stating that the license to stay in house is revoked and we must vacate the house. She has also moved to court making my mother as defendant.
What should we do? How much is the document dated 03/11/1977 important? Does it hold any good as it is unregistered? I feel BW made a will in favour of his wife, but the will is also unregistered.
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can a registered will be challenged
Hello Respected Advocates,
I have a query,
My grandfather was a building contractor and his wife was selling breakfast and milk and had two daughters. Elder one is my mother and younger one is my aunt.
My mom was married to my grandma relative wthin a month of marriage my mom came back to my grandma house ask she couldn't tolerate him since he was a drunkard. Later they separated and my mom fell in love with a tenant and they both eloped and got married.
I'm the only son for them and my aunt has four children. Two sons and two daughters They're all elders to me. Expect the elder son of my aunt rest all lives in Tamil nadu.
In the year 1986 my grandpa and grandma wrote a will on their property that was executed by a lawyer and registered with their signature and the witnesses were lawyers people and no where related to our family. Will states as below
"my eldest is not living with us and has no children and my youngest is living with us with her family and taking care of us and this property should be occupied by their elder and younger son"
My mother eloped and married My dad in 1981 since then she not in contact with My grandma and grandpa. Will was written in 1986 and I was born on 1989. After my birth my grandpa and grandma was in touch with our family again but we didn't live with them.
My grandma was a heart patient since 1995, after work my mom used to go to my grandma house in the evening and cook for them and come back this happened till my grandma passed away and later we shifted to a house in that property since my aunts son and my grandpa was alone and we were asked to take care of them a live with them. We agreed as a courtesy as it was requested by my uncle and aunt and other relatives. Later My aunt's second son passed away in heart attack will at 18 who was a share holder as per the will. Then my aunt passed away due to cancer. Once my grandpa asked us seek a lawyer to share the property but did not tell us about the will. He passed away in the year 2011 after which we got to know a will was executed in 1986 that has no favour for us.
Will states my aunt took care of my grandparents but no way they were taken care by my aunt's family. My uncle is a government teacher in Tamil nadu and my aunt and her second son and two daughters lived with him there and they still live in the same village. It was my mom who took care of my grandma also after her death when we shifted my mom spent all her earnings for their family sake also my mom had taken care of my aunt when she was bed ridden.
We filed a case at Bangalore city civil court under family tree asking for share. And our case was dismissed this Tuesday as unfavorable due to registered will.
Now please help us in this situation can we challenge that will at high court?
Is there any chance of getting our share?
What is suggestions?
The lawyer who executed the will and my grandparents and younger son of my aunt who gets a share as per that will are no more on this earth..
I request you all to kindly help me with this issue. My mom should get justice. They completely back pinned us..