KETAN J SHAH
21 December 2014 at 12:27
Sir,
I am a landlord of property in Mumbai. I have filed an eviction suit against a tenant who has carried out illegal additions/alterations in the premises given to him as alternate acomodation. The Tenant is using the premises as commercial.In 1973 when he started his work in the premises the I was running a polyclinic and this tenant like other doctors he was alloted a room space in a garage. I stopped my business and closed the polyclinic and sold the premises to other person but since this tenant was in a garage I retained the garage When the Tenant was with polyclinic he was paying the rent to the polyclinic and after the closure of the clinic I started taking rent in my main property A/C. The rent receipts were issued in the name of poly clinic and now they are issued in the name of property a/c. Even today he is the tenant on the same terms and conditions which prevailed at the time of polyclinic.But he thinks that he is the regular tenant now. Inspite of taking order from the court for depositing rent in court he has not deposited the rent and the property tax has not been paid for last 4 years.I was running my business from the other garage next to the garage of Tenant.But after filing the eviction suit the tenant complained to BMC against me and I had to stop my business. The rent paid by the tenant is very meagre. In his WS he says that the rent includes tax, maintenance and all other outgiongs whereas I pay all the expenses from my pocket. I want the premises for my use and business so i have filed a Bonafide suit against him. The tenants daily earning is 40 to 50 thousand and still he says he cannot purchase a premises in other locality.In this situation can I get the premises back for my use and what orders would the court pass in this situation. The tenant is a pathologist but NOT a qualified M.D doctor He is a technician running the Lab
Please advice.
Thanking you in advance
Vijay Kumar
21 December 2014 at 02:53
Hi,
I am about to buy Agriculture Land from the Seller who is having Registered Agreement of Sale cum General Power of Attorney (GPA) of the Land. I have verified the documents and it's properly registered GPA in the nearest SRO office. But I have few doubts before I proceed to purchase this Land.
1) Does this Seller who is having Agreement of Sale cum GPA has full rights of the Land and can sell this property to anyone without any LEGAL issues
2) Also, I couldn't find the signature of the Buyer (now the seller to me) in Agreement of Sale cum GPA document. I could only inf the original Land owners signatures and the witnesses signatures. Is it general format of the GPA or is it something that is suspicious.
3) Since there is no transfer of Title/ownership, transfer of the property/Land through GPA, can the original Land owners cancel this GPA anytime in future and is it possible to revoke the GPA from the original LAND owners, Or Is it true that Agreement of Sale cum GPA is irrevocable
4) Since as per Adaani and Pahani Documents of the Agriculture Land, the land owners are still the original land owners but not the Seller who is having Agreement of Sale cum GPA. So if I buy the Land from th Seller who is having Agreement of Sale cum GPA, is it Possible that the there is Title transfer of Land / Transfer of ownership of Land is possible. I mean after buying the Land from the Seller, can I have the Ownership of the Agriculture Land and whether I can get my name reflected as farmer in Adani/Pahani documents and get the Farmer Pattadhar Passbook. Please clarify the same.
5) If I am purchasing the Agriculture Land through Seller who is having Agreement of Sale cum GPA, what should be best process/procedure to follow to buy the Land, whether it should be through Sale Deed/Title Deed or it should be though only Agreement of Sale cum GPA. Please clarify.
Above are the few doubts/questions that come to my mind when I have gone though these documents, I request experts here to clarify my doubts and suggest any other things that I should be careful before proceeding to purchasing this Agriculture Land.
Thanks & Regards,
Vijay
ankur3042
20 December 2014 at 17:51
Hi
My father is doctor who got land from huda in 2002 in 3 lakh. Later they inhanced its cost to 12 lakh. We file case in high court. Huda did not pass our building plan yet.
High court once ordered to pay half payment in 2012 and we forget to pay it. Later in 2013 we paid full amount 12 lakhs to huda. Huda said that they want interest also in court. So few weeks back we win CM in high court as they ordered huda to pass building plan as we have paid full amount now.
Now we reach huda personally and they were still not passing the building plan and asking for interest. So my father write the letter to huda asking that we will pay interest in installment if they sanction the plot. All this discussion is on personal level and not yet in court.
So does this personal written letter have any legal complications. ?? Will it harm us. Does huda have authority to disobey cout orders.
What action can huda take againt this orders. Can huda go to supreme court?? What should be our further steps??
Please advice
Manoj k Soneja
20 December 2014 at 17:33
Dear sir
I saw your site need advice my father had property in huf name now I being elder son want to transfer in my name my father has expired I have mother one sister and two brothers Telme procedure do I have to pay stamp duty and registration charges what procedure
Nand kishore
20 December 2014 at 17:32
Nakul sold a portion of land(in 1992) ,after his fathers death,according to his share to Ram for a valuable amount settelled between them.This sale purchase was made by registered sale deed in presense of 4 witnesses and 1 of the witness was sellers own SON.Ram take his name mutated in govts register 2 and he got the rent receipt in his name for the land purchaged and till now the said land is in peacefull possesion of Ram,s SON(Ram died 2 years ago). Now Nakuls son (HE is also the witness) says that HIs father(Nakul) has done mistake ,and he (son) will is not going to accept the transfer of land, NOW MY QUERY IS that whether the Purchaser( Ram) and his son will suffer for that objection made by sellrs Son.?
Anonymous
20 December 2014 at 17:04
For case laws in Mundkar laws which website do I visit?
Anonymous
20 December 2014 at 16:59
Is there any Regular format to be used for Title Clear Report for property in Goa and which act do I need to refer? How many years title report should be done? What should be an advocate's eligibility for compiling Title Clear Report in Goa.
Pankaj Patil
20 December 2014 at 13:13
Dear Experts,
I am residing at a society in Pune, and here the builder has not provided some of the amenities and is just giving false commitments that he will look in to it and resolve but nothing is being done.
Now he is insisting us to take over the society and completion letter. I wanted to know if we should take over the society from him and then send him a legal notice or shall we not accept the society and ask him to complete all the commitments?
Please provide your expert view on this.
Regards,
Pankaj Patil
Samba Murthy Madeti
20 December 2014 at 11:47
Respected Sir,
This is Samba Murthy Madeti, from Visakhapatnam and I would like to have an advise on this.
My Grand Mother had purchased a land in 1981 and later she realised it as Assigned land. Infact she is really unaware of the fact that the land is assigned land. However, she got the land registered in 1981 and also got a passbook. Later she was not allowed to enter the land and she protested it and were in the possession of land. We did not pay any taxes as we were afraid on what can happen further.
We did not make any developments there but were regularly checking the land. Area slowly developed and my father and his brothers settled in various locations by virtue of Job. We neglected the land since 1990's.
Now we went back to see that government boards were placed in our land. We were surprised and for our surprise the land was unrecogised due to huge development in that area. However we were able to locate the land from unofficial sources and found the land to be in existance.
We file for status quo and go status quo from High Court of Andhra Pradesh. We applied for Survey and the local govt people are not helping us officially even after we paid the fee and required amounts. We went to High Court for Survey also.
However, I am writing this to understand the legality of my land. I am ready to pay all the expenses I need to pay to government to regularise it. Can any of you help me in providing case laws and references in which such lands are regularised? Apart, please do suggest me on how can this be regularised with out any hurdle.
Thanks
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Property Laws
Dear Sir/Madam
Is there any regular format to be used for Title Clear Report for properties in Goa and which Act do one refer to compile the same? How many year Title Report is considered usual and what should be the advocate's eligibility to compile the same?
Thanks and Regards
Adv. M. Mesta