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C R Muralidharan   09 January 2015 at 23:43

Purchase of tamilnadu housing board property in trichy

Sir, i am planning to purchase a Tamilnadu Housing Board (TNHB) property (Area/Size - Plot/Land 344 & 645 sq ft) at trichy in india. The following are

1. Plot/Land allotted by the Authorised person of the TNHB in August 2oo6 to allottee under a lease cum agreement.

2. Sale Deed is having in the name of Allottee and it was executed in April 2008 between TNHB and Allottee.

3. Allottee purchased TNHB plot through Auction.

4. Allottee is having a right to sell a plot to others?

5. TNHB is insisting to construct a building within a year, otherwise THNB is having right to get back the plot and relesse an advance and installment amount without interest to allottee under TNHB act 1961.

Above situations, I can buy a TNHB plot/land only, it is legally acceptable?.

Kindly advice in this regards.

C.R.Muralidharan, Chennai.

ankquo   09 January 2015 at 21:20

Documents required at registration

Hi,

I booked a flat in 2013. I gave 25 thousand (I gave cash to Uncle and get a check of his account) at the time of booking by my uncle account. After that all payment made by my account. Last month, When I took home loan then Bank asked me to present all payment receipt with bank account statement.

But now I do not have good relationship with my uncle. But some how I presented my uncle account statement, Pan Card also with payment receipt to bank and Bank approved my home loan.

Now my question is "Do I have require any document from my uncle at the time of registry of flat ? " Because my uncle will not give any document and support any more.

jwalamukhi   09 January 2015 at 20:33

Transfer of flat to the nominee

a flat was in the name of my mother. she had nominated me(son) as the sole beneficary my giving nomination in the society. now my mother has expired. i have one sister who is married and my father is no more. I had submitted all the documents to the society for admitting me as member as i am the sole nominee. i have also given indemnity bond to the society. The society chairman is telling me to get legal heirship certificate from the court.but he is not giving me anything in writing. suggest me what should i do and where should I go.

Arati Fernandes   09 January 2015 at 18:41

Property card

we have house at sawantwadi that house is on our grants Mothers name but she is dead in 2005. On all light bill, Ghar patti all legal document is on her name but only Property card name is different she brought house from which person that person name written on this Property card, so how can we remove that name from Property card and put our father name on that Property card. please guide me.

rahul   09 January 2015 at 17:24

Change name in 7/12 utara

I have bought 3.5 guntha plot in ratnagiri now i want to change name in 7/12. so please tel me the procedure for that

pvlnapparao   09 January 2015 at 16:51

Agreement of sale

My builder is constructing 540 flats in Ph 1 ( with 2 towers) . during 2012 I entered in to an agreement of sale (AOS)with him for the purchase of 1 flat.
about 175 flats have been sold with the same clauses in AOS . No mention of Phase 2 in these AOS.
Subsequently, the builder has acquired adjacent land(s) and started some more phases- for which entry and exit is through Ph1 area. Club house meant for Ph1 is also to be shared with the other phase people.
The builders after the first 175 , have made different clauses in the AOS - making the buyers agree for sharing all amenities , clubhouse etc.
My question is : Can the builder have different clauses for different buyers of the same venture? ie, my AOS is different from my neighbor's . Is it allowed ?

vinayak limaye   09 January 2015 at 15:13

Cancellation of development agreement

One of my client's friend gave POA to her brother in Pune from abroad for entering into development agreement in respect of her property. My client has vested interest in property; i.e. he has prospective buyers from abroad, also he has introduced a builder & is ready to provide finance for development work. The builder had promised my client to make him party to the development agreement upon mutually agreed terms. Later on, while my client was abroad, the builder got executed Irrevocable GPA & development agreement in his name alone from the brother of property owner, who possesses POA for the purpose. Builder has mislead this person, being very old & not fully conversant with pros & cons. Builder verbally told to give 40% share, while in the document he put 30% that too for only 50% of total construction. Builder also dodged my client & intentionally excluded him from the deal. Builder is lacking finance & now again wants to enter into separate deal with my client for availing finance. However, my client wishes the entire deal to be revoked. Builder is helpless on finance & didn't think that my client will be so serious about the deal.
The questions are:
If the original POA given by landowner lady is NOT made Irrevocable, can it be revoked by her?
Are the Development Agreement & Irrevocable GPA executed on the strength of POA which itself is not Irrevocable; are valid legal transactions?
If the landlady will now revoke the POA, can she do so & if yes, what will be the status of Development Agreement & Irrevocable GPA?
Can POA holder willingly terminate the deal & issue public notice of termination?
If yes, such notice is to be issued by him in his personal capacity or through lawyer?
Can he display a notice board on the property notifying termination of agreement?
If the builder will not respond to notice, will notification of termination to sub-registrar construe the termination?
What is the remedy available to builder to avoid termination & keep the agreement in force?

Prasad   09 January 2015 at 12:04

Property

This is for my friend
My friend has 4 brothers 1 abroad and 3 in India in Bangalore with their family. My friend father has written a will in 2001 and he expired in 2012. Friend father has 2 houses and it was for 2 (including my friend) in a house and next for 3.
NOw after demise of friend father no brothers looking after friend mother . If his mother is ILL or wants to go to doctor for a routien check up or any requirements friend wants to take leave , and most often authorities cut salary . He is fed up and it matters friends family earnings

What is procedure to initiate that all brothers either turn wise to look after their mother

Hari Prasad   09 January 2015 at 10:38

Release deed/will validity

Hi,

My father was the sole owner of a self-acquired property. He passed away recently intestate, with no WILL. His legal heirs include myself (his son), my mother and sister. In this situation, it is clear that myself, mother and sister would be the joint owners of the property.

However, over the past 10 years, I have been taking care of my parents and the maintenance of the property. I had also helped financially with my sister's marriage. My sister is a homemaker, so I have continued to provide some additional financial support to her even after marriage. Due to these things, it is the desire of my mother to transfer her share of the property to me, so that I would have 2/3rd ownership of the property.

The questions I have regarding this are:
1. My mother can execute a release deed in my favor. However, the property has still not been transferred to our names and might take more than 1-2 years since I work abroad. From a purely legal standpoint, if she executes the release deed, and god forbid something happens to her before the property transfer takes place, would the release deed still be valid?
2. Would a WILL executed by my mother stating that her share of the property be transferred to me be a better option? However, the same question arises about the validity of the WILL if the property has not yet been transferred to the three of us.

Your kind help is greatly appreciated.

Thanks,
Hari

Sashi Kumar   09 January 2015 at 09:49

Gift deed by power of attorney

Please advice.

Can one NRI gift property to another NRI using Notarized Power of Attorney? They both are blood relative.

Both party will be using power of attorney for the transaction.