Ankur Bansod
10 December 2014 at 18:27
MY TENANT IS STAYING SINCE 23 YEARS. WE ARE THREE BROTHERS AND THE HOUSE WAS ON MY MOTHERS NAME. THIS HOUSE CONTAINS TWO ROOMS AND BELONGS TO A GRUHNIRMAN SOCIETY. NOW MY MOTHER AND FATHER BOTH ARE EXPIRED. WE ARE TELLING THE TENANT TO VACATE SO THAT ONE OF US CAN GO AND STAY THERE. BUT HE SEEMS NOT READY FOR THAT. HE WORKS IN PWD AND CAN GET QUARTER BUT ALWAYS MAKES EXCUSES. WE ARE THREE BROTHERS AND ONE SISTER. AS PER SOCIETY NORMS MY MOTHER NOMINATED MY ELDER BROTHERS NAME AND SECOND WAS MINE. BUT WE THINKING OF THE OTHER FAMILY MEMBERS ADDED ALL FOUR NAME IN THE SAID PROPERTY. NAMES ARE NOW ADDED IN CITY SURVEY TOO. WE WERE NOT TAKING ANY RENT SINCE WE WANTED HIM TO VACATE. BUT MY MIDDLE BROTHER DUE TO MONETARY NEEDS TOOK THE RENT FROM HIM AND GIVEN HIM IN WRITTEN THAT HE TOOK THE RENT FOR THE PERIOD OF ONE YEAR AND HE IS STAYING SINCE 1991 ON A STAMP PAPER WHICH IS NOTARIZED. NOW MY FAMILY MEMBERS ARE IN DEPRESSION AS TO WHAT SHOULD BE DONE TO THIS.
RANDHIR SINGH
10 December 2014 at 18:09
We are a Hindu family residing in Haryana. Our father married three times and the third wife is alive at present. There are two children from 1st wife (Son & Daughter), three from 2nd wife (two sons + daughter) and four from 3rd (1 Son + 3 daughters). Our father transferred equal share of inherited land among 4 brothers and kept one share with him after a unwritten family agreement(as is the custom in Haryana). Share with father was left untouched with understanding that it will be shared among all brothers equally after father's death.
However, our father wrote a will in favor of present wife with out knowledge of children of previous wives, with the intention that present wife will transfer that share to her son. My father is a retired govt. teacher and draws pension of Rs.20000/- and his present wife in entitled to half of the pension after his death. My question is:
- Is the will legal and can it be challenged.
MAHENDRA CHAUDHARY
10 December 2014 at 14:22
AT THE TIME OF PARTITION BETWEEN 2 BROTHERS PROPERTY OF BIG BROTHER TRANSFERRED TO SMALL BROTHER.
SO TO LEGALLY REGISTER THE PROPERTY IN NAME OF SMALL BROTHER WHICH OPTION IS BENEFICIAL TO SAVE STAMP DUTY.
1 ) TO EXECUTE GIFT DEED OR
2 ) TO EXECUTE SALE DEED OR
3 ) TO EXECUTE A DEED FOR RELEASE IN
PROPERTY RIGHTS.
ak yadav
10 December 2014 at 13:56
Sir,
1. If the court has given a standing stay order in year 2003 to the applicant in a land dispute and the same has not been followed by the opponent and the applicant urged to many officials and authority about the same.The applicant was not aware about the subject proceedings.Now pls guide me.Can applicant move with the contempt of court proceedings against the 11 years old stay order which is still in operation.
2 .Pls guide if there is time limits for appeal and the finalization of the .
thanx sir.
rajendra bhatia
10 December 2014 at 13:29
I have residential premises in Gujarat which was given to a person known to my father.the person to whom premises given for residence purpose is expired and same premises presently occupied by his mistress which seems to be illegal heir.Under which law I can approach court of law.In this case whether FIR against mistress can be lodged?
Struggling Landlord
10 December 2014 at 13:29
One of my old (40 yrs) tenant is paying 1 rs /sq ft where as adjacent shops are giving 100,150... 250 per sq ft) ?
Tenant is also landlord, he had rented his shop at Rs 70 /per sq ft in 1 km distance... Tenants says he will delay the case for 3-5 years..(also as did by other old adjacent tenants (7 yrs) during bonafied need litigations)...
So can I pray in PLAINT and ask to DEFENDANT to deposite at least 50/% ie (50rs per sq ft monthly rent in court till pendancy of suit...So that at least tenant shall also be punished/ have some trouble.. and may not prolong the suit?) , I am also ready to donate 10 % of deposite to legal welfare a/c for poors, So I can ask this type of prayer in my PLAINT for bonafied need for my wife...
I am landlord having more than 20 rented shops (heart of city), After long litigations I tried to vacate/increase rent etc. But some (2-3) tenants now become landlord (rented their owned shops at higher rent) But occupying my shops at very old rent...
As per MhRent C1999 act I can demand bonafied (I did so for another 3 shops and get them vacated for me)... While vacating I also kept humanity on top (by sharing with old tenants ..gave 1/3 shop though decree was for full shop tenant being poor)... But for these 3 tenants(who are now landlords ) I am demand bonafied need for my wife, I could not demand increase in rent (Since in MhRC1999 standard rent is not supporting for getting Fair rent, It says I can demand 4% per annum on base rent... and base rent is just 5% above rate of rent at 1987 rate...In this way it becomes just 1.80 rs per sq ft)
Thanks in advance
Rahul Khemkar
10 December 2014 at 12:17
Respected Sir,
In case of resale of flat in Maharastra , who is liable to pay following taxes on market value or sale value
1.Stamp Duty 5%
2.Registration fee 1%
3.Service tax 3%
4.LBT 1%
5.MVAT 1% applicable or not?
Can seller pay the above taxes please guide me.Property is 4 years old and located in vasai Thane.Thank you in advance.
Karthikeyan R
10 December 2014 at 12:10
Sir
I closed my Mortgage Loan with Canara Bank,on 05-12-2014, hence I need to do discharge receipt on my own at Sub Registrar Office with canarabank, so anybody have soft copy of Bank MOTD discharge receipt, please share..
ChandanLawyersclub
10 December 2014 at 12:04
Dear experts,
I have seen a flat in Bangalore for which builder is not providing OC( occupancy certificate). Apartment is ready to move .
Actually I came to know there is deviation in compound wall and building distance where deviation is 30%-40%( distance left is lower). Builder is saying it will be converted in A khata in next Akrama – Chakrama by paying some money. SBI is giving the home loan.
I have seen 60% builder are selling without OC.
What are the risk if I book such flat? How govt. is allowing such construction in Bangalore 60-70% construction is without OC. Can BBMP demolish such buildings latter on?
Regards
Chandra
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Agricultural land purchase in other state of india
Suppose the man Naming Rama is from Kerala and he purchased the agricultural land in Karnataka.
Now he thinking to sell the land but some land grabbers are pressurizing him to sell that land them only in half rates otherwise they will file a petition in court against Rama that he cant purchase the agricultural land in other state bcoz he is not a farmer or agricultural worker.
kindly Advice if thr is a place in law that a non agriculturist cant purchase a agricultural land/in other state than residing state.
also if amendment is thr in law kindly refer