Hello All,
I have a typical problem. The itigation is on muslim property. 'A' died leaving behind his only two sons 'B' and 'C'. 'A' filed a partition suit in the year 1979 during the pendency of the suit 'B' sold away all the property and there is no property left over. All the property has been sold by 'B' and the subsequently the purchaseres sold the property to some others.The third parties approached High Court and obtained a direction that the third parties can join the partition suit as parties and High Court has directed that they can join the suit and the decree is binding to them. High Court also dierected the thied parties will get equities only in the share of the 'B'.
Surprisingly 'B' has sold all his property and there is no proprty left over to 'B' which can be alloted to thirdparties. Now can some one suggest me any citations which can protect 'A' from the third parties. It was earlier a agriculture land now the agricuture land is converted in to layout and there is no open space left. Third parties have made constructions in teh said lands.
Appreciate if any one can provide me latest full bench judgements or any citation if any that third parties are hit by lispendency and they can not be entitled for quities.
Please help me by providing any good citations.
Regards,
Rathan Singh
Dear All
I purchased flat in 2000by builder in Kurla West. Builder was insisting to buy the stilt car parking. As I was aware that Builder can not sale stilt car parking, I refused. so he harassed us in parking matters. Builder was reluctant to form society,so in 2005 we formed the society of A,C,D,E,F wing as some of the member of B wing was puppet of builder so they formed separate society after our formation of society.
The builder has not transferred the title till date as the B wing not coming with us, and they are in the same plot. In AGM 3 years before it was decided if builder is not supporting/ doing his job of transferring land to the name of society then we must approach to Society registrar / Authority but 3 year pass no output from society Secretary/ committee members.
Earlier very less car in before our A wing, so the society alowed the other members to park their car before our wing, There is enough space avilable before other wing but some of the members are not allowing the A wing members to park their Car and doing Dada giri by Parking their cars before our parking space.
The society says now due to their pressure of dadagiri, that it is common space? Anybody can park the wherever he wants. Is it justifaiable? I think A wing member should get priority in parking of their vehicle before their wing.
Or shall we make anther society and leave C,D,E,F wing? As all member wants to separate now themselves. from the clutches of C,D,E,F wing.
What is the procedure for it.
Please guide us.
Shabbir
We are muslim family. My in laws have 3 sons and 3 daughters. My wife is 3rd child and second daughter of her parents. The other two daughters are unmarried and live with their brothers. My mother in law expired 5 years back without leaving any will. She had properties in her name at native place. My father in law has reportedly bequethed his property to his 2nd son with consent of other 4 childern but without informing my wife. The brother have number of properties in their own name, in the name of their wives and childern acquired from the income of a joint business which is htherto in the name of my father in law where my wife's name is also shown as share holder at 2/16 as per Mohemmedan Law but only for saving tax as no income had been distributed to her after her married since 33 years. Now we understand that my brothers in laws and sisters in laws have appropriated all the properties among themselves without even informing my wife or by placing some body to impersonate for my wife to sign on her behalf. (This is yet to be confirmed)
What course of action is available in this case. Whether RTI act to obtain full information of transactions can be of any use or should we go straight to civil courts.
Hi
I am planning to buy a flat in Pune but owner said it is gunthewari flat. HDFC and ICICI bank refuse to offer loan whereas Cosmos bank is ready to offer loan. What document should i check with builder? will it b eproblem to sell such property in future.
Thanks,
Chetan
9503095681
Dear sir my que is i have land in ratnagiri its a common land of 5 share holder nobody nos there plot ver exact its is no i want to no that the plot is vacant and open can i acviere my share of land and can i sel to 3rd party and after selling the 3rd party dose the title gets clear for selling me my share to 3rd party do i need sing of all remaning patners hw do i acvier my land in this case request ur needy help for the same.
Thanks
vishal patil
i have a property in mausam vihar in delhi,
i have deposited property tax every year but has not file any return from 2004-05 to 2010-11
Now i have recd notice from mcd U/s 123d of dmc (amendment) act 2003
What should i do
Tell me the procedure as i have no idea about it
hi
i am harish,my grandfather was purchase land in 1987,all document was prepared when purchases take place only 7\12 uttara was remaining,talathi says this land under kul kayda ,pls reply
Hello if I want to buy a property under SARFAESI Act then do neeed any qualifications?
And can i apply for a loan to buy the property?
If i can what kind of loan will i be eligible for?
Thanks in advance
Dear Sir,
Please advise me that a property at shahpur dist thane Maharashtra selling by a developer.
That developer scheme is :
Plot area 807 sq ft
Total amount Rs.80000/- in instalment and if pay cash amt is Rss. 55000/- only
Total Property divided in 3 parts and on property card (7/12) xerox papers i saw name of the 3 developer individually
Payment terms Rs 5000/- cash on registration then Rs 1000/- per month by cash or cheque. After paying first chq they will us MOU franking by Bank. And after five years they will give registration, or if we pay full amt now they will transfer immed.
This is agricultural property and they promised after 2 years they will give us NA.
Its a pvt ltd co. They all 3 are director of that co.
Pl suggest me is this ok? Awaiting ur reply soon
Thank you
Raj
Agreement for Sale
Purchased property under "A" survey no by 5 people (1, 2, 3, 4 & 5). Another Property under "B" survey was purchased by (1, 2 & 6). a tenanted land. No 1- sold his share from Property "A" to No. 2, 3 and 4. And whereas No 1 sold his share of property "B" his 1/3rd share exclusively to person No.4. In the agreement it is clearly mentioned that No.1 received total amount being the full and final settlement of his share in survey no "B". And whereas he received part payment at the time of agreement for sale for survey no "A" from No 2, 3 and 4 person. This agreement for sale was executed before notary and it was mentioned in the agreement that the possession is given and that the Person No.1 will come to sign any documents pertaining to the development purpose. Based on this in order to escape open space due to lot of court settlement area lost to the tenant. Therefor area was partitioned with meets and bounds. Both the survey no were partitioned. Including the development of roads was done by No.4 , all expenses for development etc, was borne by no. 4 even partitioning of the property "A" n "B", the original partition deed of A n B is wid No. 4. I was paying him on behalf of me and 2 and 3. No 5 was given his share. We made payment by cash and by bearer cheque , amounting to 50 percent of the total amount and the balance 50% amount was paid upon his signature on sale deed executed , out of 4 sale deeds. So into saledeeds his other 50% was paid. making it amount cash received 50% and amount received vide sale deed. Once he got his amount, he executed a power of Attorney in the name of Person No. 4 only for the his share in plot B. The two notarised copies of the power of attorney was given to person No. 4 . The original was retained by person No. 1 . We have agreement for sale, we have receipt on revenue stamp with his signature, 50% amount received by him, The person No. 1 dies leaving few more plots on his name. After all the account was taken by the heirs of No. 1 and after giving all the documents wid them in the year 2001 , that the agreement for sale, the receipts, the power of attorney is forged. Although power of attorney and agreement for sale are notaried and receipts are signed by him on the revenue stamp in the year 2000-2001. When they came to know that there was another few plots left on person No. 1 , The heirs of No 1 started dodging saying that they will transfer when they (heirs meet alltogether)and finally one of the heir told me to leave(give them) the remaining plots to them, if not then I will file a suit. ulitimately the heir told me in 2007 that he is filing a suit. To that I agreed and in 2008 they filed a suit giving reason that in 2007 jus before filing the suit they saw that one house is built and the entries in form 1 and x1v is of diffrnt person. Entries on from 1 and xiv is already in the year 2001 and the other entries and two houses are built before 2007 having housetax and electric connection. After this they tried to sell the remaining plots which were on No. 1's name by deed of partition. Which was executed because of development. What is my stand in this case.. as they r saying that every thing is forged. Please suggest what i have to do, and wher i stand..