Naresh Malhotra
28 October 2022 at 17:43
Sir, I bought a plot jointly with my brother. There were mistakes in the sale deed for which we executed a rectification deed. The seller told me that I would have to prepare the draft . I got the draft typed one day before the date of execution. It was not sure which witnesses would come. On the day of execution the witnesses were finalized in the morning. But there was no space on the last page to type the details of the witnesses so the typist added another page and typed the details of the witnesses on that page. This page now became the last page. Nothing else was written on this last page, only names and addresses of the witnesses and their color photographs. The stamp duty was already paid by an estamp. The seller arrived late and sat in a room. The advocate getting the deed executed took the signatures and thumbs of me and my brother on the stamp papers and also the signatures of the witnesses. When I asked him to call the seller he told he would get it signed by the seller. The documents were then taken away and we waited for sometime and then called to appear for webcam and electronic finger print capture. The seller appeared for electronic finger print capture with us. I don't know when he signed the document. Next day when I got the document I found he had not signed on the last page containing only the details of the witnesses. When I contacted him he said since nothing was written on the page about him or anything else, only details of the witnesses was written, there was no need to sign. I called him many times but he did not come. Now the last page contains only the names and addresses of the witnesses, their color photographs and signatures and the signatures of the second party (me and my brother). The signatures of first party, the seller is missing. More than two months have passed and the deed has now been registered so nothing can be done. Is this deed ok. Would I have any legal problems later on. I might have problems selling the plot due to this so the seller may have given me financial loss on my property. Should I go for a cancellation deed. I have asked the seller about cancellation deed but he has refused saying the draft was mine so he was not responsible for that and I should have written something about him on that page for him to put his signatures there. Should I go to court. If yes, is there any possibility of getting relief. Can I get a cancellation deed on grounds that the seller has not signed in front of my witnesses thus violating the rules and that I might suffer financial loss/difficulty selling the property or any other issue. Also we are not sure whether the signatures and thumb impressions on the deed are those of the seller or somebody else since he did not sign in our presence. So, in future in the event of any dispute with someone my witnesses would not be able to say that the seller signed in their presence. They would only be able to say that he appeared for electronic finger print capture and webcam in their presence. Is there any other way (without going to court) to fill up the deficiency left in the deed due to absence of signatures of one party on the witnesses page.
Anonymous
26 October 2022 at 18:18
My apartment MC wants to incur Rs 25 Lakhs for STP/WTP plants repair works and replacing the parts. It's been 4 years since the first installed and a few services were done in the past. It's working well in the senses that the flush water is fairly good and uninterrupted. There's been no issues so far but our Management Committee (MC) insists to do without owners approval. What's the procedure to get this done by MC
Please advise
Have purchased a property in August 2021 in Hyderabad and on request of the seller allowed him to stay in the property for one year on rental basis. Now in the month of August 2022, the seller has vacated the house and his parents are not vacating the house in pretext of dispute between the seller and his parents.
They inturn are demanding money either from us or his son to vacate the house. the seller is showing his inability to vacate the house as parents has lodged criminal complaint against him.
Police are not filing any case and are telling that this is a civil matter and we have to go to court.
Please suggest if we have to file eviction suit as the seller has paid rent from August 2021 to August 2022 or suit for possession of property. Can i file criminal case against parents and son as i feel they are doing it purposefully.
Further they are from SC/ST Community and threating us with filing of case under atrocities of SC/ST.
Its more that 3 months now and i am not getting any solution as to how to deal with these aggressive people
Anonymous
23 October 2022 at 06:13
50 years Collector lease expired on 2-7-1999
On request of Lessee Collector raised Demand of Lease Rent for the period ending 2-7-2017
Lessee made payment of same on 28-11-2016 and intimated Collector
Collector issue notice to Lessee for renewal of expired lease on 21-4-2017 and Lessee applied for renewal on 1-8-2017.
Without hearing /considering Application dated 1-8-2017 in response to intimation dated 21-4-2017 and payment intimation dated 28-11-2016 Collector issued Show Cause Notice on 28-12-2018 with penalty from 1-1-2012
In view query is whether Collector issue Show Cause Notice without considering/hearing application for renewal made on 1-8-2017 and/or Payment made as per demand on 28-11-2016 period ending 2-7-2017
My Son-in-Law's father (Party[C]) bought a piece of land from a Party (B), who had previously bought from Party (A), having a minor son.
Now the minor son (Now Major) of Party A is claiming relief against the land owned by Party[C], who is also deceased.
Please clarify whether Party (A) son has right to claim on above property.
Rajan
21 October 2022 at 21:10
I want to know that if a property is registered with name of partnership firm and all partners after signing the dissolution deed ,can sale the property? If yes ,after selling the property how the name of purchaser can register their names in revenue records if the firm have not registered any bylog (rules) with registrar.
Lets say I have my house towards north and my neighbor just opposite to my house. He doesnt have a space to keep his shoe rack outside the his door. And me on the other end have a huge wall as i have 2bhk house (the neighbor have 1bhk so they didint get the space), so they started putting their shoe rack against my wall, which make my end of the floor dirty. I asked them to not leave their shoe rack against my wall, then one of their son came so rudely and said we wont, its not your floor and all, blah blah… So i wanted to know is there any way to keep them away from my end of the wall?
We had been allocated with darkas jamin by the Karnataka state government around 1970's It was made to my brothers name as he was senior of the family,later unknowingly the property was sold to others without being informed to us.Later the money was used to Buy another land and had registered to my brothers wife.
I have registered a case on my brother for equal share of the present land will the case stand on our favour in the court and will the property be given equal share?
Prashant Taneja
18 October 2022 at 09:31
My father and his brother (my uncle) bought a house few years ago together both having 50% share in it. My father transferred his share to me and is not alive now. Both me and my uncle now share the house jointly. Recently we have started to have a dispute about some open space at the backyard of the house with the neighbor. I am thinking of going to court about it but my uncle lives far off and is unable to come due to distance and poor health. He can come once or twice but not on every date. Is it necessary for both partners to appear in court on every date. Can I take a power of attorney from my uncle and appear for him.
Family arrangement
We have a memorandum of recording of family arrangement-cum-compromise which contains the declaration of heirship, and specify the rights of each heir in ancestor property in future when parents cease to exist. This family arrangement is being prepared, signed and notarized in Maharashtra but the properties mentioned are in Bihar. Request kind guidance from experts if that is ok, and whether any particular issue needs to be taken care in order to ensure validity of this document. Thank you.