aftab
16 April 2015 at 01:05
Hi Sir/Madam,
I lost my mother last year. We have a property registered in the name of my mother and father. Please guide me with process of removing her name and including my name along with my father's name in the property deed.
janak
15 April 2015 at 23:50
I have a plot of land in Howrah in West Bengal and I am resident of Calcutta West Bengal. If I sell the plot I will have to make registry at Calcutta or Howrah. At both the places registry office is there.
abcd
15 April 2015 at 22:44
Dear Sir,
Hope you all are doing good!!!
I am writing this query in context of my grandfather Will.
My grandfather had write a will 11 years ago of his immovable property(home), before he passed away, in which he has clearly mentioned that after his death the owner of this property will be my grandson(specifically name with his father name) and that was registered too also.Now after 10 years from the death of my grandfarher, my uncle(tau)is asking for a copy of Will.
So my query is that can he challange that will on any grounds, if yes then what could be that grounds.
narenmistry
15 April 2015 at 11:57
Hi,
I need suggestion in relation to following situation.....
1. My father and my uncle started living together in Mumbai in 1980 together in a chawl in Mumbai.
2. Upon my uncle's marriage his family shifted to new residence, but my father and mother continued to stay in the current house. Later my father died in 1999 and today we still continue to occupy in the said house.
3. Now the problem is that my uncle is demanding to vacate the said house and provide the possession to him.
The said house is registered in my Uncle's name. Rent receipt is in my Uncle’s name, but rent for all these year is paid by my mother.
Is there any kind of relief available to us ? What are remedies available to us Legally.
Ketan Shah
15 April 2015 at 11:56
During 1992, I have purchased one flat from builder (first sale) in mumbai but I have neither paid stamp duty nor registered the document. The society has accepted the same and transfer the flat in my name. During 1996, I have sold the same flat to another person who has paid the stamp duty and registered the document of his purchase (second sale). Now the second buyer has received the notice from the stamp department at his address for the payment of stamp duty of first sale deed (between me and builder). The notice is in my name. Second buyer insisting me to pay a stamp duty alongwith the penalty on it.
Please tell me, who is legally liable to pay the stamp of the first purchase deed between me and builder?
Thanks in advance.
ajitkumar
15 April 2015 at 11:09
Respected Sir/Madam,
In 2009 there was partition of our family property in revenue court.But i have challenged it and appeal it on higher level now the current situation is that appeal is pending at Pune commosioner office since 2011.Mean while the shares of property which got to my uncle was sold to third party in 2011.
Also there was one decree passed by court in 1979 according to which my father has right on that property. and My appeal in Pune Commisioner office is based on it.Also all land is of HUF so we demand for equal partition.
When I get certified copy of sale deed there was big cheating. i.e since 2007 there was mark and note of penalty of 100000 rupees of Maharashtra Goverment on 7/12.
But on the day of sale deed tha village accountant(Talathi)hide that mark without any registered proof he attach forged 7/12 extract to the sale deed.But after that this penalty note is there till now.
Also for the purpose of shorting stamp valuation he mention that land was not under irrigation but land is under irrigation and as per the government rates there was huge difference.
Sir Please advice me, can I file suite against this forging and Cancellation of sale deed under Section 31 of The Specific Relief Act, 1963 ? and is it possible to file F.I.R against all those are involved in it ?.
Please advice me. Your advice is more useful for me.
Also said decree is never executed by court. Can I submit it to court for execution ??
anu
15 April 2015 at 00:01
so basically my dad gifted me a flat on this march 2015 and i need to sell this flat immediately due to certain personal reasons .though the society has agreed to transfer the property on my name but isnt ready to provide NOC for the party who is purchasing needs it fr loan disburstment procedure .
According to the society i need to wait fr certain time period before i cn sell my flat nd get the partys name transferred is it so ?
if yes how much time should i wait ??
Kshitij Shah
14 April 2015 at 20:24
I live in Ahmedabad. We missed the deadline to pay impact fee due to mistake of consultant we hired. He didn't even process our file in time and now without inward entry before deadline, municipal authority are not taking my application and file.
I found that 40% of the construction is unauthorized which was given by the builder. We live in this society since 2002.
My questions are :
1) What are the consequences now ?
2) Can municipal corporation demolish our house ?
3) Is there any way out based on which we can appeal to take our application ?
4) I read The Gujarat Regularisation of Unauthorised Development Act, 2011. There it was clearly mentioned that there are two ways for filing application of impact fee. One, suo moto. Second, upon notice from concerned authority within six months of commencement of the act.
Can I argue that since we did not receive any notice, it was not our fault ?
Anwaar Mohammed
14 April 2015 at 16:55
My father is the second of four brother's in a muslim family. My father was raised by his father’s (My grand father) brother(hereinafter referred as ‘A’) and his wife(hereinafter referred as ‘B’). ‘B’ was holding a property to which she is the absolute owner, she settled the property in favor of my father in 1960, because A and B had no heirs. Since settlement my father was in absolute possession and peaceful enjoyment of the said property. In the year 1983, my father settled the 3/4th portion of the property to his three brother’s retaining 1/4th portion for himself, however possession was not given to his brothers. Even after settling to his brother’s my father was in absolute possession of the whole property. Even in the settlement deed there is a clause clearly states that no possession is given and the settlees were given life interest on the property and full ownership is only given to the children of the settlees in future, because none of my uncles were married at the time of settlement(1983).
Subsequently in the year 1989 my father cancelled the settled property by a registered revocation/cancellation deed. All my uncles were agreed for the cancellation and also made an affidavit to that effect.Even while cancellation only one of my uncle got married but did not had any child, remaining two were single. Since then lots of transactions were made on that property. The same property was given as a collateral security by my father for loan sanctioning. Since 1960 to 2012 my father was in absolute possession and enjoyment of the said property. All the governmental recors bears my father’s name.
In the year 2012 my father settled the same property to me and my sister absolutely with possession by registered settlement deed. Subsequent to the settlement me and my sister made necessary changes in all the records like Assessment order, metro water etc…Encumbrance certificate shows my name and my sister’s name.
Now a question arises as to whether my uncles or their family have any right over the property. Whether they can challenge me and my sister in the court on any grounds.
Correct me if I am wrong.
1) For a settlement deed to be valid there must be handing over of possession and taking over of possession.
2) Life interest is not valid under muslim personal law.
3) Transfer to a person not in existence is not valid under muslim personal law.
4) This cannot be challenged because it is barred by limitation act(1989 to 2015) 26 years already expired.
5) Affidavit signed by my uncles shows their consent for cancellation and they haven’t challenged till date.
Even now we have applied for construction of the said property in the corporation, the plan was sanctioned and approved.
If my question is not clear please do not hesitate to ask. I would like to know whether there are any chances available to them. I need to be prepared for the all the legal chances available to them.
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Transfer of name
I lost my mother last year. We have a property registered in Kolkata in the name of my mother and father. Please guide me with process of removing her name and including my name along with my father's name in the property deed.