Rudolf Rodrigues
02 July 2015 at 16:55
Dear learned lawyers,
I had booked a flat in Dahisar, Mumbai in 2010 which was to be completed by 2013 for which an agreement was made and duly registered and stamp duty paid with an agreement to pay in installments as per a schedule.
I regularly paid all the installments till the terrace slab of the building, but the final installment (the second out of five for the car park) got delayed by 3 weeks due to some confusion with the bankers from whom I had taken the loan; but still I send them check for the same which either got lost or they purposely did not present in the bank for obvious reasons. However, I cam to know about this after another one month as I had not checked by passbook during that time so I immediately made NEFT transfer of the installment along with the demanded interest to them, but I was shocked to hear from them that they have terminated my contract for delay in payment and they are not accepting my payment. They have sent me a notice of termination of agreement citing certain clause from the agreement. When I pleaded with them to take back the same, they said I will have to sign a new agreement to cancel the termination in which there is mention of me having to pay Rs. 1000 psf extra. I have paid almost 80% of the total amount and just for a single delay of car park installment worth 1 lac they are harassing me mentally and forcing me to sign the new agreement. FYI, they have delayed this project for above 3 years and still no work is progressing giving flimsy reasons for the same.
Now, I am in deep mental and financial strain as I am staying in rental accommodation paying high rent and my entire savings is blocked plus paying interest on bank loan.
I would urge you, learned lawyers, to advise me on what best course of action I should take to tide over this crisis which is being forcefully pushed on me without any legal backing.
Thanks in advance.
Sincerely,
Rudolf. R
Member (Account Deleted)
02 July 2015 at 15:53
Hi, I would like to know if there is anyway that I can make certain if a certain land parcel is free of legal complication Viz no claims or legal cases in the past or present in Bangalore as a third person interested to buy or develop that property other than Encumbrance Certificate. Is there a certain authority that keeps track of any past or present legal cases on land parcels that has changed multiple owners over the years? I have come to know that lot of time Encumbrance Certificate may not have the record. Thank you in advance for your response.
Y RAJYALAKSHMI
02 July 2015 at 15:51
I am a Govt employee aged 45 years married and staying with my husband (working in a private organisation) and two daughters (studying). I have an older brother, working in a private organisation (aged about 47 years - married with a son) and an younger sister (aged about 35 years) who is mentally retarded.
My father, who was a Central Govt employee, owns an independent house (valued presently about 2 crores). This house is not hereditary. He was staying in that house along with my mother(house wife) and my mentally retarded sister. He had suffered with paralysis for 12 years (completely bed ridden - he was able to talk and only left hand was working) and expired in 2007.
My father had given terrace rights (1st floor) to my brother during he was suffering from paralysis. My brother has constructed a house in 1st floor and staying there separately with his wife & son.
My mother, along with my mentally retarded sister is staying separately in that house after my father's demise. My mother is a beneficiary of family pension. We are still getting the electricity bills etc., in our father's name only. My brother is not in talking terms either with me or with my mother. My mother and my sister stay in ground floor and my brother stays in 1st floor. My mother once told me that after my father's death, my brother quarreled with her and took the house documents from her.
My brother has not taken care of my mother and my sister since then. I used to take care of them in case of any need.
My mother expired recently in June 2015 at an age of 68 in my house. She did not leave any will. My brother is not willing to take care of my mentally handicapped sister. So, I am taking care of her. My brother is talking as though he is the only legal heir of the house - like talking about giving the house on rent, locking it etc.
Now, my query is,
(i) Do I have any legal right in the house? My father had gifted me a separate plot (present value is about 50 lakhs) at the time of my marriage which is registered in my name. Whenever I talk about the house with my brother, he always says that I do not have any right in the house since my father has already given me the plot at the time of my marriage.
(ii) Do my sister get any portion? She will also get family pension after my mother.
(iii) Our close friends are saying that my brother has all the necessary papers that the house is in his name (signed by my father). Even my mother once expressed this doubt. In case this is true how do I know about it, since my brother will never talk about it and also the house documents are with him. He is already having the house key in his custody after my mother's death.
Please guide me in these matters, as we do not have any elders (like uncles, aunts etc) who can solve this problem.
kishor
02 July 2015 at 10:34
Dear All
Any one provide me or explain Mumbai kul kayda notification date 08.10.1969
plz mail me kishoresurseca@gmail.com
Thanks
Sonu
02 July 2015 at 10:01
Hello,
My Father is no more. My Father did his will in yr 2003. In the will it is written that my sister is married and after my Father's death, me(son) and my Mother will be equal owner's in the home property.
The will has witnesses, my Father's signatures and his thumb impression. Plus there is a rubber stamp at the back of the pages. So it seems will is registered !
First, I need to know what all documents needs to be prepared to tranfer the home in my Mother's and my name. I think we need to submit the documents in GDA (ghaziabad development authority). Our's is a freehold property.
secondly who will prepare the document. do we need to hire a laywer ?
thirdly, there are many typists who sit in the court. These typists are stamp paper vendors too. one of them says that he knows how to type the application but not sure what all documents may be required ?
Is it ok to get the documents
prepared from him. he has all the application formats with him.
fourthly. There are notaries sitting in/outside the court. Is it ok to get the work done from him/her ?
regards
sonu
Sukumar
02 July 2015 at 00:40
Dear experts, recently I had posted a question on sharing the property and the solutions provided by some of you were of great help to me and I thank all those for their kind support. I have few more queries. 1) What is the time limit for the opponents to go for an appeal after the lower court's judgement? 2) Do I need to register the property in my name that I bequeathed through the will? I intend to sell it. 3) Do I need to Probate it or complete any other legal formalities before selling it?
Raj
01 July 2015 at 15:39
I need funding for my project against NA immovable property.
the lender wants a certificate of equitable mortgage issued by the bank or a SKR , Safe Keeping Receipt.
Need to understand the procedure to hAve the same from a bank.
Member (Account Deleted)
01 July 2015 at 13:37
We have some property in tamil nadu which is my grandfathers seif acquired property. he deceased few years ago without leaving any will.
MY Grandfather
____
/ \
First wife Second wife
(Deceased) (Alive)
____ _________
/ \ / I \
Son Son Son Son Daughter
Dead) (My father)
my grandfather had his second marriage during my grandmother was alive. Now in the legal heir certificate my father ( first wife son) has included his step mother name in legal heir certificate. because of that she is not letting to divide the property from past 6 years. so from past 6 years my father is taking care of the agricultural property. before that from my grandfather's death, the second wife second son had taken care of the property for 5 years. till now they are not letting to divide the property.
Now they wanted us to sell the property before partition for which we agreed. As her name is first in legal heir certificate, they tell we have to transfer all the property to her name first. Now we got to know that they are planning to transfer the property to their name and to betray us... from past 6 years my father is asking them but no good things happened till now. she also scolds the ppl who come to work in our land. and also us ( My mom, me and my sister) that we are doing prostitution to earn our daily needs. Is there any way to get affidavit and get her name changed in legal heir certificate.
vasukvs
01 July 2015 at 10:31
Dear all experts,
Greetings,
Pl clarify and suggest .reg. one of my friend have on his name 200 Sq.yd land with 2 rooms small building, last week my friend expired. but few months back he sold to his sister (who was total care taker for my friend for past 15 years ) with proper registration. He have 2 sons (Age 19 & 17 years ) last above 15 years they don’t have good relations , suddenly the two sons came and threatening friend’s sister that you by force registered on your name from my father and like that.
All the related and original documents with my friend’s sister, can she sale the property to third party is there any problem , and also my friends sons have any rights legally. Is there any possible to my friend’s sister to take an injunction from court.
thanks
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Property me hissa milega ya nhi
dear sir/mam
meri sister ki shadi 11 june 2015 ko hui thi sadi ke 6 din bad 17 june ko unke husband ki ek accident me death ho gai hai ab ham unhe apne ghar bapas le aye hai mera question ye hai ki kya unhe apne pati ki property me hissa milega ya nhi hme kya krna chaiye kuki unke ghar wale to ab hamse bat hi nhi kar rhe hai please answer me