Atul
14 January 2011 at 02:42
Can the rights of sebiait regarding a temple along with its concerned property transferable by Gift deed ?
Can it be transfered by will ?
What in case would happen if someone transfers the right to sebiat with property via gift deed ?
parveen jain
13 January 2011 at 10:33
Sir Please solve my problem. I am a professional. My facts are:
I have inherited one pucca house measuring 190 sq. yard and situated in lal dora urbanized village Azadpur. There were 7-8 tenants inducted by my father and subsequently my elder brother inducted another tenant in 1980 with my consent and my elder brother was my attorney without power of sale. In 1985 that tenant got a agreement to sale, will, a cash receipt registered before sub registrar Delhi in the name of wife and daughter of the tenant without my knowledge. The cash receipt did not mention any subject. The amount specified in the agreement to sale was not paid in full. My brother then served the notice to the tenant on behalf of my self as attorney and himself in the year of 2000 under DRC act asking to pay the rent.The tenant did not reply and after 30 days my elder brother has file a suit for eviction on the ground of 14(a) and J which is pending for disposal.Mean while the tenant has got the whole house evicted from other tenants and got the house restructured. His main defence in eviction petition is that I have purchased the house and admitted that i got the other tenants evicted after paying the amount, also admitted that i got the house restructured.
Lastly the Honble Rent Controller has denied the right under 15 (1) & (2) and deferred the order on my application citing the reasons of alleged purchase of the house and denial of land lord tenant relationship by defendents.
Worth mentioning here that i have not sold off my share of this joint property nor given any no objection for the same.
In delhi if the land is in lal dora then there is no paper of the ownership of the house or land. It is only by possession.
1.Now my concern is what should i do for the rest of portion of the house which was got evicted from other tenants and is in possession of tenant against whom a eviction petition is pending.
2. Issue of ontensible owner.
3. issue of adverse possession.
Please advise me the appropriate line of legal action to safe guard my rights against the defendants.
F L SHAIKH
11 January 2011 at 20:59
My Grandfather has expired back in 1994 and my Grandmother is alive.We are Muslims, My question is there are 2 rooms in a chawl system in Mumbai and it is still in my grandfathers name, My grandmother has 6 sons and 4 daughters and now my grandmother does not have a place to stay because all her sons have sold her property except that 2 rooms and divided the money and her 2 sons are still staying in that 2 rooms in chawl system and they are not willing to allow my Grand Mother to accompany them in-spite of that home being in Grandfathers name.
Please Guide me what steps to be taken and can my Grand Mother transfer both the houses on her name by approaching any authority pls Reply asap as the action should be taken asap.
upendra pal singh
10 January 2011 at 20:01
my father was a founder member of a cooperative housing society he paid price for one plot in 1965 & society purchased land.As per a Layout Plan in 1983 Registered Sale Deeds was done.Development work stopped as an organisation took up case with UP Govt to acquire the land.By Govt Order of 1993 Society got the land out of jurisdiction of the Organisation. Though Layout was passed by Agra Development Authority in 1974 no Agreement could be done for various reasons.NO construction could be done only small boundary wall made.1993 Society made another Layout of smaller plots & now getting our Sale Deeds cancelled through Registrar.In 1993 Society changed the old Layout of land and made new roads as per new Layout assuring us we would get land equal to our Registered Deed Some members objected & filed Civil Suit also. Till 1996 Society took development charges from us as per the old Layout and not from new Members inducted,though their induction was objected to.Since than Society has been inducting new members and Registering plots in their names.What is my legal standing My Father died in 1992 me & my brother are now members and so are our Four Sons.
Lt Col UP Singh
sampat mane
10 January 2011 at 13:14
Dear Experts
We are the residents of B & C Wings of the Building known as “Kailash Park” Bhandup W Mumbai 400078. of which M/s Umiya Associates is a Builder/Developer of the Plot.
Most of the Flat owners had purchased in the range period between 2007-2009 vide sale agreement which was supported by initial layout plan shown in Brochure. In this the open area was in front of the C wing was shown as common area for shops & flat owners of B & C wings.
Even after complete occupation of the flats the builder did not form a co-operative housing society or co-operate with the residents to form so. Also the maintenance & property tax from the date of occupation was regularly paid to him. This was not reciprocated in the account books of MCGM. The property tax was not paid in full. Also the flats were not properly maintained despite charging huge rate.
Hence the flat owners decided to stop paying the maintenance & property tax and further to go ahead to form a co-operative housing society despite the objection from the Builder. On 12th Oct’ 2010 the co-operative society was registered accordingly.
After the initiation of the formation of society, the builder got this layout amended to suit his requirement. His intention was to exploit the potential of plot in question for his profit at the cost of the flat owners.
Now since the co-operative society has finally registered and a subsequent notice / letter was duly served to the builder for executing conveyance for the layout as mentioned in the plan shown during the sale-agreement. The builder did not heed to the request and started his construction at the open space which was common area for shop owners & the Flat owners.
I would like to ask the honorary experts the following:
Can the builder change the layout plan once the occupation is done in the building.
The plan of constructing shop was beneath the c wing earlier but after getting sanction from the Municipality upto plinth level, now he has left some 6 feet space between the building & new construction of shop. Is it valid? What if any fire incident occurs?
The proposal is constructing shop on grd floor & terrace on top which can be varied at his whims.
What the registered society can do take action against this unscruplous builder for stopping the said construction?
How do we proceed to recover our old outstanding paid to the builder?
How to we go for conveyance deed?
Can we file court case in civil court & consumer court and on what grounds?
Please advise.
Sampat MAne
sampatmane@yahoo.com
ashajagadish
08 January 2011 at 22:25
Our land at Mangalore belongs to Sc who got land from govt in 1933 and in 1974 mulageni is registared in my father-in-law's name but not entered in RTC till now. will this land still belongs to Sc person or is it possible to change the document in my father-in-laws name.
Anonymous
07 January 2011 at 18:18
Please send me allthe detials of tenents right when the landlord wants to redeveloped the building which are in diplited condition as per the notice issued by Municiple corporatin of greater Mumbai to the landlords under section 354.
ARUN KUMAR SONI
07 January 2011 at 16:03
Respacted Sir/ Madam
My Father have an Agriculture Land Alloted jointly in name of My father and his two broters out of Five Brothers from my Grand Father. at That time they were living as joint family with My Grandh Father and his Brother.
The Said agriculture land was alloted amonth my father and his two brothers, Ladn was situated in Two arraji in different Location in Rajasthan. A disput arrived when one of the file for Suitable "Bantwara" and We won the case. Beside of these one of my second grandfather's son who was only one child from him was taken in to his ownership since 40 years without any written agreement and he doing agriculture activity their.
The Bantwara among my father and his two brother taken place as per Revenue court Order at both place in 2008 and the give us. one of my uncle has taken kabja on behalf of the court order at both place.
The question arrise that Grandfather's Brother son file a suit in court for transferr the property in name of him on behalf of Joint Family and his Kabja since 40 yrs from my father and his two brothers name. on behalf of Oral acceptance by my father and his brothers. The Court has summed to Parti Name araji Opened and asked to present their owenership.
The case should be accepted by the Oral acceptance and his Kabja since 40 years and one of Quarrl Case amongh the party filed in a Police Station againt him ( The Cusine uncle ) and my father ?
The Question is arrived that could the Court intertain the case on behalf of the above to transfer in Cusine Uncle beside that the property was allotted in name of my father and his two botther and we fought suit between them and won and taken kabja in paper of Govt. TAhsildar orders on behalf of Revenue Court Order or reject the case ?
and one thing I would like to mention whole property partition case was in knowldege of Cusine Uncle and his father ?
please guide
sagar Rao
05 January 2011 at 15:03
Dear Sir/Madem
My father had won 400 square yards land and myself and my elder brother built the house by investing an amount of Rs.9 lakhs in which i contribute Rs.6 lakhs and my elder brother is Rs.3 lakhs and we are four brothers and my fouth brother had build bouble bed room portion on first floor by investing 2.5 lakhs and he had died 19 months back and my father expired last 6 years back and my mother/bothers want division of house in three equal parts of 133.33 Sq to each of them,my third brother had not invested any money on property.
As there is no proof of money invested on house, in written document or accounts had been not maintained, only Father/mother and relatives/society people knows.
We brothers are not co operative and having different attitude in sharing of property and my mother had approached our community elders to divide the property by calculating amount invested by their sons on property in the month of June 2010.
Our community elders are given 138.5 squar yards + first floor of two bedroom portion to my elder brother, me 138.5 square yards and my younger brother had given 123 square yards + he had to give Rs.35000/- to me for which they have given one month time to my brother,
We all brothers had to give Rs.2000/- per month to my mother for her expenses and we should provide one room to her if she come and stay with is sons.
All above sharing of property details was written on community letter head we and our community (Society)president & secratery have signed on letterhead.
But now after 6 months are over my two brothers had not given her Rs.2000/-to my mother and my younger brother is refusing to pay Rs.35000/- to me stating that he don’t have money with him, and I and my mother had informed same to my community elders and they also stating to forgive my brothers as they dont have any money, but fact is that their are having the money but dont want to give it me or my mother.
My mother stay with me from last 15 years and from day of division of our house i was little bite angry with my mother,from last two months onwards my mother is staying with my younger brother and my younger brother and his wife had show worldly pressures to my mother by not providing proper food and accommodation in their house, spoken unhealthy langue and my mother is very angry with the way their are treated and now my mother wants to divide the house in four parts so that she can stay in one part of the house along with me and my family, as my elder brother also not behave good with my mother and my mother not at all likes to stay with him.
My mother informed to society members and to all his sons but my two brothers are not accepting and society people are not showing or responding properly.
So i request you all to inform me the legal procedure to get our house divide in four parts so that me and my mother stay in 2 parts together (i,e 200 square yard land ) as my two brothers are not willing to sign on papers and threating to kill my mother if house is dived in four parts and their took away documents of our house(tittle deed) which was with my mother and please inform how to get the document back as they may sell or mortgage house without our consent.
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Parking agreement
Dear All,
I had bought a flat with open parking and all details are there on registerd agreement document.After some time I took cover parking in place of open parking, builder is agree to give Parking allotment letter on letter head. My query is :-
- Is allotment letter is sufficiant or correction deed is required and registered agreement is required for that?
- After society handover can I do agreement with builder for this parking?
Waiting for valuable suggestion!
Kind Regards,
Subodh