Padmalatha
07 August 2015 at 18:56
My father bought a flat in the name of both (mother and father). Later my mother expired. I am the only child (daughter) to my parents. Who will be the legal heir for this property. My father wants to marry a widow with a son. What are the rights they get on this property. Can my father gives this property to anybody other than his daughter. We all are Hindus. He is 65 years old. Retired govt. employee. It is a Self acquired property.
Rakesh
07 August 2015 at 18:21
Hi,
I am planning to buy a independent house in Manikonda in survey no: 33. The builder says that building has got panchayat approval, but LRS is not done for the plot. He says that LRS is not required as there is already panchayat approval.
Please advice me if it is safe to buy the house wihtout LRS approval
Thanks in advance....
Mohammad Yasin
07 August 2015 at 16:44
Dear Sir/s ,
I have a commercial shop measuring 100 sq ft in a coop society in Mumbai.The said shop is in myself and my wife s jointly names. Now my wife wants to gift her share of the shop so that it will be fully in my name only. kindly let me know how much stamp duty and registration charges will involve? ( I understand that stamp duty is waived for blood relatives or relatives in Maharashtra)
Moreover as I am a Muslim , does it attract stamp duty or registration ?
And is it legal to process under Muslim Personal Law?
Thanx n Regards ,
Yasin
Tel 9930207080
md ismail
07 August 2015 at 16:21
Issue: My Friend Vijay (age30) and his Co-Worker Sirisha (age 52) has taken a commercial property on rent at vidyanagar, on 5th floor of signing a rental agreement with the land lady. However, her husband use to deal with vijay and land lady never spoken or seen vijay anytime during agreement or during use of proper by vijay. Vijay and Sirisha took the property on rent for 11 months agreement and paid Rs. 50000 as deposit (however in rental agreement, owner used the word caution deposit). Two important conditions from rental agreement are: condition no. 3: The tenant has deposited an amount of caution deposit of Rs. 50000 as caution deposit which is refundable to the tenant at the time of vacating the said premises. Condition no. 9:Three months advance notice should be given by either party to terminate this agreement. Now main issue: Sirisha as said is 52 years old. The lift of building works till 4th floor. she daily used to go upto 4th floor by lift and then take foot stairs for 5th floor. They run the office for 5 months, but due to daily use of stairs from 4th to 5th floor sirisha got sever pain in her legs. There are many times she has to come down through stairs entire 5 floors due to power cuts. Even the students of 4th floor owner sit on stairs causing problem to sirisha and even she made 100s of complains daily they sit on stairs. Sirisha and vijay decided to vacate the place and one day sirisha met the land owner and told him that she cant walk anymore on stairs due to sever leg pain and she wants to vacate the premises due to health reasons. The owner said "ok madam, if you are having problem then you vacate i have no problem. you give me one key so that i can show the space to someone else". when she told about advance money, he told: "i will give you the amount as soon as someone else occupy the place. As you are vacating suddenly without giving 3 months notice". She said ok. after two days they sent office boy with keys and told to the owner that coming saturday or sunday we are shifting. Owner said ok to the office boy too. Now they shifted the everything on sunday. When sirisha called the owner when he will give the amount of deposit, owner asked her to come and meet along with vijay. both vijay and sirisha went and met the owner. now he says: whenever new tenant occupy the place i will give the amount. but i will deduct the amount from caution deposit as you not gave advance notice. if till 3months no one comes, i will forfeit the entire amount. both sirisha and vijay got shock on this, as the owner never said about forfeiture of amount while signing agreement nor at the time when sirisha requested him on health grounds for vacating nor the agreements says anything about forfeiture. Sirisha and vijay are saying that if you have said this earlier, we would have used the office for remaining months till new tenant occupy the same. because of him they will not only loosing deposit amount but also not using the office for 3 months. They are arguing that owner accepted the request on health ground they are shifting and owner never insisted to give 3 months notice before vacating. suddenly after vacating he is asking notice. Vijay said to owner, as soon as you agreed to vacate on health grounds the old agreement got terminated. if you have problem then you would have told on the requested date that 3 months notice is compulsory. Please suggest sirisha the old lady what she can do now?
Anonymous
07 August 2015 at 16:19
Sir
We have land in state of rajasthan in name of 2 brothers and mother.we got our name after death of father in 1990.now my mother has made release deed in my brothers name who is staying with her at village where land is situated and I stay out of village generally
I think that she cannot do in name of selected co heir .if she does then she should do it by gift deed and not release .releasemeans quit and go and no selection as selection means transfer .rajasthan stamp act permits relaxed stamp for release deed if ancestral property is the subject matter.property also includes some which my father got from my grand father.please guide should I challange release deed.
thanks.
r.pratap
07 August 2015 at 16:17
Sir
We have land in state of rajasthan in name of 2 brothers and mother.we got our name after death of father in 1990.now my mother has made release deed in my brothers name who is staying with her at village where land is situated and I stay out of village generally
I think that she cannot do in name of selected co heir .if she does then she should do it by gift deed and not release .releasemeans quit and go and no selection as selection means transfer .rajasthan stamp act permits relaxed stamp for release deed if ancestral property is the subject matter.property also includes some which my father got from my grand father.please guide should I challange release deed.
thanks.
Anonymous
07 August 2015 at 12:45
I had purchased a property on 2007 from a person. And got it registered to my name in same year from the office of revenue department in which the person had mention that there is no loan or any outstanding against the property. But in 2015 i got a notice from SBI that the previous owner had taken loan against the property nd the bank declared it as npa . Now the bank repeatedly issuing notice to me for recovery of loan cost around 7 lakh.What should i do in this cas. Can i have to pay the loan??? or I should take a legal action against the person ??? how to deal with bank???
Sunil
07 August 2015 at 07:06
Dear sir after the death of my grandfather's his second wife's son & daughters enjoying the property . My grandmother is first wife of my grandfather .My mom & his two sisters of first wifes
Rajesh Soni
07 August 2015 at 01:21
Hello experts!
I have recently bought an apartment in a 4-storey old building (built 35 years) at Vile Parle West, Mumbai. The building does NOT have an OC (Occupation certificate). The housing society is NOT registered, it's still "Proposed".
This building has common toilets on each floor, each flat has bathrooms inside, but NO toilets inside each apartment.
1) My first question is, if I am willing to bear all expenses to install a toilet inside my apartment, do I need written permission from the proposed society or BMC or anybody else?
2) Second question, the society is dominated by Gujarati / Marwadi communities and they are insisting the apartments be let to only Gujarati families (No bachelors or students allowed). I know this is 100% illegal to discriminate, and I personally have no objections to let this to students / bachelors of other castes.
I have observed a lot of resistance from residents of the society in these matters. Nobody has ever attempted this before, and the committee members and other residents are going to NOT cooperate and create hassles. I want to know what are my legal options.
Thanks in advance.
Regards,
Rajesh
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Illegal occupation of flat | what to do?
I own a flat ( size of 1 bed room ). I have divided the flat into small cabins each of 250 sq ft approx. In 2008 I had given one cabin to someone a few years back and taken Rs 1.5lakh as deposit to operate the place for commercial reasons. No agreement was made. Up until 2014 I have collected a monthly rent. But now, I want to evict the person as I want to use it but the person is resisting the eviction, also is not willing to sign any agreement.
We are now taking this matter to court.
Will I be able to evict him, given the situation? What are my chances?
Your any advice is appreciated.