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Amit   12 September 2015 at 15:39

Registeration of old unregistered property

Dear Sir/ Madam,

The house/property in which I stay was purchased by my grandfather on 21.10.1985 from the builder in Mumbai and no stamp duty was paid and the property was not registered at that time.

My grandfather has 4 sons and 4 daughters. My grandfather died in 1991 and my grandmother died in 2001.

After a long dispute between the brothers, the house was transferred in the name of 2 brothers (my father and my uncle)(other 2 brothers have their own property) after execution of the required documents and to the satisfaction of the housing society. The house is now in the name of 2 bothers in the society records and share certificate.

As per the terms between the 2 brothers(my father and uncle), my father has to pay him some amount and once that amount is paid in full, the house will be owned completely by my father on execution of proper documents.

Also as mentioned earlier the property is not registered and stamp duty is not paid.

I have doubts with regards to paying stamp duty and registration the property- whether to pay now or later.

I have the following query:

1. Option1 :
Should I pay the stamp duty now and register property in name of 2 brothers. Once the payment (as decided between my father and uncle) is made in full to my uncle, he will gift his share to my father by executing and registering a gift deed.

2. Option 2:
Once the payment is made in full, my uncle will execute a gift deed in favour on my father gifting his share in the property. After that I will pay the stamp duty and register the property in name of my father.

3. Any other simple and better alternative available to my father.

Thanks in advance

Rupayan Bhattacharya   12 September 2015 at 15:23

Registration of a co-operatve flat

We eight friends have formed a cooperative and have built a G+4 building comprising of eight flats. The land was allotted to the cooperative by WBHIDCO, WEST BENGAL. Mutation has been completed. My question is do we have to register the flats in individual name and if yes then what will be the charge for registration in each case ?

naveenraj jain   12 September 2015 at 14:40

GPA and Affidavit of sale of site

Respected sirs,
Regarding one site formed out of 9 sites. The owner of the property who carved the layout is since dead. The site formed in the layout was sold to Nirmal by way of notarized GPA and affidavit of sale wherein it is mentioned that the executor owner has received the entire sale consideration amount. Nirmal has than applied for change in name of khata ( mutation). Based on the khata nirmal has paid up-to-date taxes to the corporation. The problem now is in the documents of nirmal GPA schedule of the property it is mentioned as A village whereas in actual it is B village. Now when nirmal went to build compound wall the sons of the owner resisted and stopped the work. Kindly help

krishna   12 September 2015 at 13:20

Legal procedure

My grand father-in-law purchased a lease hold property (House) in 1960’s at new Delhi. He died in 1985 without leaving any will. My grandfather-in-law left behind two sons & two daughters. In 1992 my father-in-law and his brother applied for mutation and conversion of property into freehold after obtaining NOC from their sisters and mother. Land & Development office converted the property into freehold and conversion deed was duly registered in their joint names. Now the property stand registered in the joint names of my father-in-law and his brother.

my husband and brothers in law running a general store in said Property.

My query:-
1.Is said property is a HUF property
1.What is my child's legal right in said property.
2. Since my child is their offspring what will happen to his share.
3 Is there any legal way to protect my child's right in that property.
4 Can I file any type of suit to ensure that my minor child's right in the said property is safe.

laveena   12 September 2015 at 09:01

Noc from society for legal heirs.

Sir, We sisters are legal heirs of our deceased parents flat(panvel)As per the LEGAL HEIRSHIP CERTIFICATE from Panvel Court.Now I want to transfer the flat in all sisters name first then through Release deed I suppose get transferred rights in my name with of course NOC from my sisters.
1.I have to apply in Cidco for transfer of flat in our names for which they are asking NOC from SCTy regarding BYE-LAW 37.Our SCTY has been registered in JULY 2015.Hence they don't know the format of the NOC. Cidco also not givivg me any format.Now Society is telling me it is your responsibility to bring the right format from CIDCO/AGENT/LAWYER for Society NOC . Agent is also dilly-dallying the work and not helping me.The same agent is doing the Society Conveyance. Pls tell me whose duty it is to give the format
2.Pls help me with Format of the Noc with mention of Byelaw 37
3.Society is also telling me that they can't give me NOC as flat is in my Deceased father's name My query is isn't the Legal HEIR SHIP CERTIFICATE from COURT AT PANVEl enough proof that we are legal heirs and few are even telling we have no right to attend the Society GENERAL Meeting
PLS guide me on this

THANKYOU

RAGHUNATH G L   12 September 2015 at 05:52

Grand fathers property

Deatils:

1. MY grand father has 3 brother, out of which 1 was not married remaining 2 were married.

(GF1-My Grand Father ,GF2- Not married GF 3 & 4 - Married)

2. For my GF1 my mother is the only child

3.Now my GF 3 and GF 4 brothers children are fighting for the property of GF 2 and they registered Case in 2014 (Court).

4.GF3 has created fake documents and taken all property of GF1 and GF3 30years back

5.GF3 has sold GF1( My grand fathers property 10 years back ) and it is resold to some one else in 2013 again

6.We were not aware of property that my Grand father having (GF1) .Recently GF 4 sons told about this to us.

7. Now my mother is not alive.

8.Is there any possible for filing case or just to leave.

9. In fake documents created which states, property has been sold from my mother to GF3 children Year-1987.

10. In 1987 my age was 35years and my 2 sisters age was 25plus. None of our names or signature recorded in that document (sale Dead).
Only My mothers Thumd impression present

11. If My Mothers thumb impression found to be fake or proven fake. Is there any chance for getting those property back.


jaideep   12 September 2015 at 00:53

Transfer of ancestral property to nephew namr

Namaskar Experts! I belong to Haryana. My father has 5 siblings (3 male & 2 female). One among them is unmarried and is living with us. He has equal share of 2.5 acres in ancestral land (excluding females). The KHEWAT/KHATAUNI is still combined. Now he wants to transfer his share (ancestral) to my name. Though he has full consent but his other siblings are not agreeing. I fear that they will try to challenge it either now or after demise of my uncle (age 78 yrs)
1.Please suggest me the best option to get it transfer in my name or
my mother's, father's, my wife's or my son's name i.e almost non challengeable after demise of uncle.
2. A Release deed executed in whose favour will be the best and immune amongst me (age 25) , my wife, my father, my mother or my son (age 2 yrs).

P Patel   11 September 2015 at 19:11

Elder brother denying share in property

My father is youngest among his 4 brothers. My grandfather expired well before my father's birth.
2nd no. Brother migrated to Mumbai in 1965 in hunt of livelihood. Later on 3rd no. Brother then my father migrated to Mumbai and they all started working together.
After they accrued some money jointly they got a plot registered under the name of 3rd brother in around 1980.
In the same plot my father was having hotel and other two brother jointly work in their textile printing, the work which all 3 used to do earlier. The income generated from all source was sent to native to eldest brother and he has registered many plots in all four brothers name.
1)Now share is denied by 3rd brother in the plot registered under 3rd brothers name.
2)None of them were married when plot was registered, except eldest brothers looking after native.
3)There is lot of evidence by which joint family can be proven, and non of the other property is partitioned, yet. Same house in native.
4)How to proceed to get justice, to get equal share for all brothers in the property registered under 3rd brothers name in. Mumbai.
5) Documentary evidence is difficult to get that they worked together, except witness

Ravi Chand Garg   11 September 2015 at 17:51

Litigation

Haryana Urban Development Authority had acquired my land measuring 1270 Sq yards in 1987 under LA Act 1894. After long litigation in the Hon'ble P&H High Court it was released in 1991 as similar other lands were released.
However Haryana Urban Development Authority again issued Notification Under sec 4 Of LA Act 1894 for acquiring the same land in 2001 . After long Litigation the same was released on 23.5.14 by the hon'ble P&H high court due to applicability of Sec 24(2) of LA Act 1914. The court put a restriction on sale or construction for one year giving the the acquirer one yr time to a time to acquire again .This time has also ended in May 1915.
Now we have learnt that Haryana Urban Development Authority is seriously considering to Appeal against the High Court Judgement. This has put serious doubts in the minds of people, as no body wants to purchase this land and I also feel reluctant to do any construction.

My query is

1) Whether they can Appeal even after more than 15 months have passed after the high court order. Normal time for appeal is 3 months.
2)Whether the HUDA can acquire the same land again and again and put the land holder in trouble.This way HUDA can indefinitely go on acquiring land again and again and put the land holder to perpetual litigation
3)Is principle of RES JUDICATA and Estopple not applicable to land acquisition. A representation sent to CHIEF Minister Haryana recently giving more details is attached
R C GARG

Rajendra   11 September 2015 at 14:55

Maharashtra housing registration

Respected Sir/Madam, I have collect all document related housing registration exception NOC from builder and building complication letter. My question is
1) Can i submit file in housing registration
office?
2) what can i do for that both NOC?
3) what type of problem will face next? Please need ful help me?

Regards
Raju 9881294031