Dinesh
15 May 2015 at 13:48
Dear Experts,
Am in negotiations with a builder for purchasing a house.
Its around 8 years old property.
They were granted full occupational certificate 5 years back in 2010, which says certain conditions should be met like 1). Society should be formed and registered 2). Conveyance should be given to the members.
Now the fact is that neither the society has been formed nor has the conveyance been given since the last 5 years since the Occupation certificate was granted though many members have bought flats in the building and are staying there.
I want to know that, is it safe to purchase property in such a society where the society has not been formed and the conveyance is also not given by the builder yet.
The builder says he's waiting for 70% of the property to be sold as only then a society can be formed and that will take another one year.
Thanks for spending time for reading my query and your expert advice.
Sashi Kumar
15 May 2015 at 03:14
What is the time limitation for filing a Money Recovery suit by the buyer.
Unregistered Sale Agreement signed & Bayana Paid on - June 10 2012
1st payment due date - Aug 10 2012 - (Buyer did Not make payment)
Execution of Sale deed Registration & Final Payment due on - Oct 10 2012- (buyer did Not make final payment also)
Contract was cancelled, deposit was forfeited by seller due to non performance in Dec 2012.
My Question: By what date can the buyer file money recovery law suit?
anilgupta
15 May 2015 at 00:08
my father build a residential house in kanpur (u.p)1970. after my father death this house is tranfer in my & my brother name in 2006 by kanpur nagar nigam. I am unmarried & financially weak .due to this my brother &his six son want to forcely acquired my 1/2 share in this house. so please tell me partition court fees of my 1/2 share .so that I manage money before file partition suit.current Market value of my house is 1carore & house tax is Rs 5000/ per year value of my house was Rs3816/-in1970 pls help me
Member (Account Deleted)
14 May 2015 at 12:42
My maternal Grand father had around 650sq yards plot of land in Mumbai alloted by the Bombay Municipal Corporation in 1948, who asked him to pay Rs.2728/- as ground rent for next two years. He then transfered the land to the religious head of our community for building a temple in year 1951. Meanwhile a sizeable amount had accrued to be payed to BMC towards ground rent which was payed by the Rel Head. A consideration amount as mentioned in one of the old correspondance says is Rs.2948/-(which seems to be towards cost incurred on the Ground rent and land filling). Prima Facie, it was an act of charity with no other consideration except the Ground rent payable to BMC.
However, an oral agreement for allotment of a flat and two commercial shops in a proposed building in an adjacent plot existed between my grand father and him and accordingly, in 1960, he alloted a One BHK flat to my Grand Father on tenancy basis which later on was transfered in my Father and Mother's name in 1970. Pl note the shops were not even given to us. Now in 2015, the new Religious head wants to evict us from the flat. He may send notice anytime.
My queries are:
1. Though tenancy is protected by Rent Act, can we also claim ownership to the flat or a permenant tenancy on the ground that being allotees of the flat in view of the oral agreement. The Landlord has already transfered the tenancy from my grand father to my parents joint names and there is also a will to that effect.
2. Can we also claim ancestral rights for any future development of the plot of land.
My parents are very old and are not in position to fight legal battle. We are only interested in protecting our tenancy if possible on a permenant basis and put ann end to the bickerings between the Religious head who owns the property and us. Can you guide on best course of action?
Sashi Kumar
14 May 2015 at 02:39
Experts Please Advice
I sold my property to my Daughter last week and the sale deed was registered with the sub registrar.
Now I have received a lawsuit in the mail from a previous buyer with whom I had a purchase contract 3 years back which was cancelled by me due to non performance of the buyer. The buyer did not make the part payment or the final payment before the specified contract date. The 10% deposit was forfeited due to non performance of the contract.
Now after 3 years the old buyer has filed law suit for specific performance.
1) Is the sale to my daughter valid?
2) Can the court get the new buyer (my daughter) involved in the court case?
3) While the law suit is going on can my daughter sell the property?
aditya dwivedi
13 May 2015 at 11:33
Hello,
We are going through a long unresolved dispute on the encestral agricultural land between my father and my uncle. My uncle is much yonger tahn my father.
My uncle is not allowing my father to take a single penny from the property. My grandfather is alive and he is under the control of my uncle. He says the same thing what my uncle ask him to say.
He is not allowing the partition and my uncle is taking the benefit of whole land from last so many years.
My father has been retaired from the services.
Also my uncle has taken away 2 acers of land on his wife's name from my granfather.
Kindly suggest us what we can do for the partition and how.
Looking for your kind suggestions.
Regards,
Aditya Dwivedi
9958288195
BRIG SHYAM HANDA
13 May 2015 at 10:18
A freehold plot was registered by my father 50 years back on the name of my eldest brother since he was to raise loan from the department to complete construction of single storey.It remained joint family venture till 86. A family agreement(unregistered and without witness in attendance) written by father and duly concurred by the eldest son whose name the property was registerd, was sent out to all brothers and sister. Youngest two sons were permitted to construct their respective floors and the existing floor went to the eldest brother. These three brothers compensated the 4th brother as per directions contained in the agrrement. There is no will. two floors were constructed with self financing but it stood in the name of the eldest brother. Subsequently he declared ownership right and freedom to use respective floors by his younger bothers. He also declared that he had not spent any penny on these floors though water and electricity meter remained on his name. House tax was shared by three on completion of two floors. First Father died and eldest brother also passed away suddenly due to heart attack. family deed remained in draft state. Ground floor was occupied by his widow, and with partition in between, two sons. First and second floor remained in possession of the respective younger brothers for 18 years before they physically moved in after retirement. New Water and elecricity meters after obtaining NOC from the legal heirs, were installed/ trqnsferred on their names and rather sharing , they started paying house tax for their own floor. After that nephewes started misbehaving and harrased 2nd floor occupant being a widower and all alone by himself that he handed over possession of his floor in exchange of some token money. For 18 Years after death of brother, the property was not mutated on the names of legal heirs wife and two sons. Within two months of mutation second floor only the constructed portion without roof right, was sold on three times the amount paid to uncle to some close friend the eldest nephew. Then the younger uncle on the first floor became target but he withstood the slaught. He and his family is continuing to occupy his floor. Unfortunately younger nephew expired followed by mother, widow of the late eldest brother, original registered owner. Now first a partition deed was struck between eldor son and the widow of the younger son and in that it has been declared the complete three floors were constructed by thier father.They have 50 % of the Ground floor, and roof which was in common usage of three floors occupants till than and where water tanks are located and also unconstructed area on the second flloo. And the first floor under occupation of uncle is shown as common. After this she sold off one half the grund floor ander within year she rented out her new flat and in calendestine manner under the garb of temporary shed constructed fabricated shed with bath room and tiled and AC fitted room. The mounty is used as kitchen.Access to roof has been denied by putting lock and kitchen enroute.Plan is to rent it out to PGs and subsequently claim further share in case building is sold. She once again disturbed peace and also unlawfully served legal notice demanding rent for the floor.First notice was duly replied. Without disclosing notice she moved to another lawyer and repeated the notice. As senior citizen and retired senior army officer one feels cheated and disheartened after spending hard earned money he had to face such painful situation. However 7 months have elapsed since issue of 2nd notice but there is no furthe development. Advice is sought how to remove an un approved ftabricated structure from the roof now falsely claimed as floor, where no one used as dwelling place. Secondly what remedy is available to obtain title to floor under occupation for 30 years with owned meters, and house tax receipts for 10 years with affidavit from the original owner. What are the irregularities and improprities committed in all transactions done by tal heirs in overtaking the 2nd floor, on mutation document selling it , getting partition deed without any court clearance, claiming solo right on the roof etc. What is leg he leg al implication of issuing a notice of rent/ eviction and not following it up with proper court case.
kishore kumar
13 May 2015 at 00:00
Hello Sir/Madam,
My grandmother (Hindu Family) had a property on her name and she passed away and she has 7 children includes 3 males and 4 females, one them passed away, so now 3 males and 3 females.
Here these 3 brothers informed 3 sisters that they will construct a house on property by taking a loan in the bank and bank informed to get "NOC" from the sisters. They signed the document believing that they would construct a house on property, but these 3 brothers sold the property without even informing these sisters and took away the whole share(Money) of the property.
Is there a possibility to ask for the share(money) of the property from these brothers, as these sisters already signed a NOC document?
Regards,
Kishore
ashishshrivastava
12 May 2015 at 20:26
Hi Friends,
I have a bit tricky question about my property (saying tricky as I didn't found any single post on this issue in any sites) please help me as I am not able to find solution till now.
I have a property in Nagar Panchayat (Chhattisgarh) area which is now inside city limits though not under municipality limits. Friends its a 4 acre land which has a completely dried pond. On papers it shows a pond (Talab) but its my personal land.
My question is can I get it diverted to residential or commercial land. Or What does the byelaws says about conversion of pond land to residential use.
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Transfer of property to co-owner
My friend owned a residential house jointly with his wife , in the state of Punjab.Recently he expired leaving his wife , a son and a daughter . He did not make any will.
My understanding is that , being a co-owner surviving spouse , the property devolves on the wife automatically .Is is correct?
If my understanding is correct , what will be the procedure for removing the name of deceased husband from the title deeds ? Please advise.Regards.