Anup
06 July 2015 at 21:52
My fatehr- a freedom fighter and advocate - made a registered will, describing the ownership rights of different houses/ plots etc - booked/ bought in his name by his children.
A flat by GDA Ghaziabad, thus was assigned to me, as I paid all its installments. It was clearly mentioned in the will, as was the case of houses bought by my brother and sister too.
GDA defaulted in terms of construction of the flat, and a case was filed by my father, during his life time, with the consumer court.
Orders were passed to payback amount paid with interest, to my father. But, my father died before the amount could be paid, though the cheque was deposited by GDA in consumer forum, while the order said its being paid back to my father directly.
This cheque remained un-cashed with the consumer forum, without any intimation to me/ my fatehr.
Consumer forum has asked GDA to submit new cheque to it, which has een done.
copy of the will also has been submitted in the forum.
Is a 'probate' of this will, a must; and can the forum ask for it - on its own or on the demand of the GDA lawyer?
REgards,
Colonel Saxena (Retd.), Advoacte (AFT lucknow) Mob: # 09335324474
raj
06 July 2015 at 21:11
What does it mean, can any one buy title under this , any risk in buying property under such condition..? If not what is the procedure....?
Manish
06 July 2015 at 21:03
Hi, I had taken plan approval for G+1, but constructed G+2. Recently got a notice from BBMP to submit docs related to property as we don't have approval for 2nd floor. Could some one suggest and help me how to go about resolving this issue.
Rgds
Manish
Anonymous
06 July 2015 at 20:39
Hi, I live in Mumbai, our property is going for redevelopment. After my grandfather's demise(1988), my grandmother was living in the said property. Our family I.e my dad mom me and my brother are living here from past 17 years. My grandmother made a will in my dad's name for the said property. But we could not register the same. Now my dad has 7 elder siblings who have claimed for the property in mahada, and the builder is not ready to make an agreement with us. He is asking us to issue a possession letter signed by dad, and in return he is giving us the rent cheque and no other legal document from his side.
Documents with us:
Grandmother's will
Ration card - in the name of my dad
Light bill in grandmother's name
Rent receipt in grandfather's name
Can we demand for an agreement.
How much % are we entitled.
We do not wish to sell the property.
As occupants are we entitled for an agreement.
Can we file a suit against the builder.
Need help!
Thanks in advance!
vidya
06 July 2015 at 20:15
I purchase industrial gala at nasik MIDC with terrace. Can I close that terrace.
One of the neighbours oppositing me to close that terrace. Which exclusively purchased by me.. and that neighbour using that terrace without my permission. .
Pls. Suggest me appropriate remedy..
siva
06 July 2015 at 19:41
We bought a land and made an agreement of buying the land on which we paid a quarter of the total amount as an advance and the balance money will be paid as soon as the person registers the land in our name .in that agreement it was even written that if any problems occur in the process of registration the seller will be responsible and will repay the amount paid as an advance with 1.50 interest .so after five months we came to know that the land that was shown to us is a d.form land and will not be registered so how can I solve this issue
virus_111
06 July 2015 at 18:18
if someone has a unregistered will and during its probate time other parties have issues as they too want the share and challenge the will as the language of will is different from hindi..so what will be the result of their objection on the case..but the witness'es have already given their statement to the court in favour of the authenticity of the will..it is supported by the other documents that the author of the willl was familiar of the other language in which he declared his will
what could be the possible judgement for the issue
lakshmi
06 July 2015 at 17:46
Dear Experts,
My mother being a GPA holder has transferred her self acquired property to her last son out of 3 children. Now in consultation with my mother , the son who got the property wants to sell and give the consideration amount to mother for disbursement as per her wish.
Now if he wants to sell, then is it necessary to obtain singature of other 3 children. Or is it necessary to be consulting witness of these 3 children in the selling transaction?
Please let me know the legal point in this matter. Regards.
N SURYANARAYANA
06 July 2015 at 16:30
Facts of the case
We are having 325 Sq.Yds( 37 ft X 79 ft) of site in prime area of Kakinada Town. The said site was purchased in the year 1978 and subsequently a house thereon was constructed in the year 1985. We are paying all the municipal taxes including water tax and electricity bills. Since then, we are peacefully enjoying the possession of the property. The said house is now in a dilapilated condition. Therefore, we intend to demolish the existing structure and construct a new house on the said site.
When these facts were briefed to the Kakinada Municipal Authorities, it was stated that around 175 Sq.Yds of site has to be given a gift to the Municipality in order to regularize rest of the building construction (under BRS scheme) and when questioned about the facts behind such a proposal, it was stated that the site on which the old house was constructed in the year 1985 was a non-layout plan and a provision has to be made for proposed 50 ft road. Actually as on date there is an existing 30 feet road. Thus, the municipality desires that we have to gift around 175 Sq.ft of our house towards road which would intrude directly facing our house and thereby we will be left with only 17 ft X 79 ft(150 Sq.Yds) of land for construction.
My querries are:-
(1) How come the proposed future plan of the municipality of laying 50ft road be enforced on us since the land and house was constructed by our forefathers 3 decades ago ?
(2) It was stated that the house which was constructed in the year 1985 was on a non-layout plot. How can this be questioned now by the municipality ?
(3) Whether any legal remedies are available to us to ensure that the municipal laws would not come in the way of our peaceful enjoying of the existing property and also to construct thereupon a new house as per our requirement ?
(4) If the Municipal authorities question the very proposal of our construction what are the legal remedies available to us to ensure that our plan of construction goes smooth without any hurdles ?
(5) Is the Municipality empowered to enforce such a law at this point of time and deprive us of the legitimate right to live in the property devolved on us from our predecessors?
(6) What is the correct position of law and what shall be our legal recourse if the Municipality deprives us of giving any permission for construction on the proposed structure.
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Agreement which not registered
I purchase the plot in 2012 and then give yo the builder to developed in 2013 we make agreement and both sign the agreement but agreement is not registered still unregistered agreement is valid