Theresa Margaret Dsouza
08 June 2015 at 10:19
The said flat is owned by 'A' and he nominated his wife'B' and brother 'C'. The nomination is approved and registered by the society. Now the owner'A'passed away in 2010 and also the brother 'C' passed in 2014. Now we need to transfer the share certificate and ownership to wife 'B' and heirs of brother 'C' which is his wife 'D'. The manager of the society told us that it is too late for this transfer. Only wife 'B' can be a member and not owner. She also cannot will out this property nor can nominate the flat.
Question : Can 'B' and 'D' be joint owners and can their names be reflected in share certificate.
Kindly assist.
vrujeshnarendrabhatt
08 June 2015 at 10:05
Sir mera naam vrujesh bhatt he.mere father 2010 tak.gujarat me farmer the.but usnka land GIDC ne purchase kar lie.in2011 mere father ne land agrement kia .but land ka tital clear na hone ki vajah se till2015 tak hum vo land purchse nai kar paye.in feb 2015 me mere dad ki death ho gai.ab mere father ke naam se 7/12 me koi land nai he.to kya vo agrement se me land buy kar sakta hu.?kya vo agrrment abhi valid he.?plz solve my qry.
Milind Kalyankar
08 June 2015 at 09:35
Hello,
My father had purchased flat in 1992. He died around 2007. I have one brother and three sisters. We, both brothers, has not contributed at all during purchase of this flat. We were still undergoing education during that time. After his death, my three sisters removed their rights from property with proper agreement. So now my mother has first name in property followed by my elder brother and then me.
We are planning to sale this property now. So will this sale affect me or my brother from Income tax perspective though we want to give and submit all money in my mother's bank account. She is at present 72+ age.
Also as per capital gain tax rules, I guess we will have around 2 Lakh as capital with this sale. So will it get exempted for my mother being senior citizen or we need to pay capital gain tax on this? If yes, how much - 10% or 20%?
Please advise and thanks in advance.
Regards,
Milind Kalyankar
Debabrata Gupta
07 June 2015 at 17:06
I am a senior citizen in retired life. I want to sell my flat now. Can i sell it in cash?
Pawar Pankaj
07 June 2015 at 00:12
Respected Experts,
In 2012, I was planning to buy a Property being listed on 99 acres.com in Mumbai. The Property was Mhada redevelopment, but all the tenants of the Building were trying to convert the property into Ownership. No such procedure was completed from Mhada end, but the Building even then formed a Society, made Share Certificates, made Society letter heads, coloured the building making the Mhada sign/Logo disappear, etc.
I as an Outsider didnt knew any of this. The seller "THOUGHT", that Property was ownership due to above incidences and told me that Loan is available on the said property. He being the Society Secretary or so gave me in writing on Society's letterhead, that the Property is saleable legally.
Public sector Bank also didnt perform their Due diligence and told me that, Loan is available on the Property.
Old Custom House also accepted the Stamp duty and Registration of the Same.
The final step, Bank asked for Mortagage Lien on the same property to disburse the Loan, it was then one Chairman of the society, who told us, the Society Ownership Conversion Process was still not complete and hence it is still a Mhada Property on which no loan is available and hence, No Mortagage Lien is possible.
It took me over 2 years to recover the Stamp Duty money from Old custom House, Registration of ₹30k was nonrefundable.
The Seller returned me 70% of black money in parts over 6 months but other losses like Registration, Interest, etc was never returned by him.
He was threatening me actually (due to which, my family never allowed me as a Single Woman to file FIR), even though, it was his mistake and foolish of thinking, that Property is saleable.
He of course, sold his Property in 100% Black and refuses to reimburse my losses of ₹ 4 to 5 lacs and refuses to accept, it was never my mistake.
Is it possible to sue him and send a legal notice against him now after 3 years? What are my chances of recovering my losses in this Lawsuit? I have all the Stamp duty and Registration Documents and Society Letterhead.
Do i need to file an FIR before suing him?
Please help me to get justice and guide me through this..
Rupendra Porwal
06 June 2015 at 20:37
Dear Friends,
A consortium loan of 5 cr has been obtained from three bankers namely SBI, UBI and OBC.
SBI is lead banker
Now borrower avails loan of Rs. 25 lakh from SBI and mortgages the property having value of 1 cr. Mortgage is registered and title deed is ALSO deposited with SBI.
This loan of 25 lakh has been obtained outside of consortium.
NOW BORROWERS WANTS TO CREATE SECOND MORTGAGE BY DEPOSIT OF TITLE DEED IN FAVOUR OF THE CONSORTIUM.
ALL DOCUMENTS INCLUDING TITLE DEED RELATING TO CONSORTIUM ALWAYS REMAINS WITH LEAD BANKER.
QUERY:
CAN EQUITABLE SUB MORTGAGE BE CARRIED OUT IN FAVOUR OF THE CONSORTIUM?
PLEASE SUGGEST SPECIFIC LEGAL POSITION.
Rupendra Porwal
Advocate
Lucknow
jagdish dubey
06 June 2015 at 03:44
DEAR SIR/MADAM
WE HAVE PROPERTY IN OUR NATIVE VARANASI IN THE NAME OF MY MOTHER(SINCE MY FATHER PASSED AWAY 6YEARS AGO). AFTER THE DEATH OF MY GRANDFATHER AND GRANDMOTHER NAME OF OWNERSHIP OF ALL LAND HAVE BEEN TRANSFERRED IN THE NAME OF MY MOTHER AND OTHER CHACHA'S(UNCLE). BUT MY CHACHA(UNCLE) IS NOT WILLING TO DO THE DIVISION OF LAND,HOUSES ETC. HE IS ENJOYING A LUXURIES LIFE BY TAKING ALL THE PROFIT OF LAND AND RENT OF HOUSES ALONE.MY MOTHER WORKS VERY HARD FOR OUR STUDIES AND SHE IS UNDER A LOT OF TENSION AFTER LISTENING TO MY CHACHA WORDS.MY CHACHA HAS BECAME GREEDY AND HE SAYS HE IS NOT GOING TO GIVE US ANY INCH OF LAND TO US AND HE IS HARASSING US. .
SO I JUST WANTED TO KNOW THAT SINCE IN THE FILE OF GOVERNMENT THE LAND BELONGS TO US THAT IS IT IS IN THE NAME OF MY MOTHER
SO CAN WE SELL THE LAND??
PLEASE HELP.
THANKING YOU
REGARDS
JAGDISH DUBEY
ENGINEERING STUDENT
Mohammed Rizwan Shaikh
05 June 2015 at 22:24
Hi Experts,
A company purchased an Agricultural Land in Mumbai-Maharashtra, the directors of the company are not the farmers, the company did not get the certificate or NA permission from the farmers before purchasing the property, the said land is still in possession of Mr. X since 1971. Now the 7/12 extracts and Property Card has the bears the company's name, but the land is in possession of Mr. X in spite of the sale between the land owners and the company.
How can the mutations entries be cancelled?
Is the purchase or sale is legal or illegal?
Who is at the fault Land-Owner/ Company/ Tehsildar or the Registrar as he registered the documents of title without verifying/ scrutinizing the documents, Can Mr. X file an FIR against them?
Regards,
Rizwan Shaikh
Pallavi
05 June 2015 at 19:09
Hello,
I need help upon following matter;
Me n my brother have booked 2 BHK flat in Pune. We had given builder Rd 11 lakes. Rs 5 lakh as advance through cheque, Rs. 3 lakhs in cash towords construction charges and Rs 3 lakh through net banking towards stamp duty.
We were about to enter into agreement with builder. We found certain suspicious points in agreement. Builder is reserving right on construction even after society formation. For this reason we wish to cancel the booking and recover paid amount to avoid future loss.
We had conveyed builder our intention of cancellation of our booking during meeting. We have told him that we are cancelling booking due to financial problems although we know his nuisance.
He is refusing to cancel our booking and refund of money.
Can I file a case in consumer court against builder?
How shall I proceed with complaint?
Will I be able to recover my money? On what ground I have to file case?
Do I have to take police action?
Please advise
Pallavi
8956984541
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inaam land belongs to our grandmother
Sir I need one more information Regarding will for our Grandmother she is 80above And oppositions (grandmother's siste) who involve with tenancy peoples and they waiting for her death To ocupay property..in this matter is will writting will be use full? & Here one clarification I want to give you that. In this case court Deleteted the tenancy peoples and said that in total 6acre 2.something goes to land reformer under land reformer act & 3. Something acre goes to my Grand mother as she is doughter of who granted land by name late Muddaiah, But my grandmother sister involving with tenancy people going to sale the property and asking my grandmother to sign, for this One Lawyer in tumkur Supporting them for this kind of disposes. Actually it has to dispose to two part but that lawyer Who going to sale the property to Politician, going dispose 5 parts one for my grand mother and her sister and one for tenancy people, one for land reformer. But till date we don't know the present status of owner ship, As per my grandmother she applied for regrant but my grandmother sister involving with tenancy people Did that application in pending and make it TA