vineet advocate
06 May 2010 at 11:22
dear advocates
one of my ckient is a real estate company . it has mde full sories as approved by local bodies. now it is willing to sale its top floor space made by covering place available below water tank.
1. will it be legal ?
2. can any remedy is available to sale or make other convenience deed?
pls suggest
thanking you
vineet
DR SURESHA G
24 April 2010 at 22:59
Dear Sir/Madam
My name is Dr. Suresha; I filed a civil suite against all of my family members for my share in the property 2003.
Then we compromised before elders of the society and the shares were allotted as follows:
1. Plaintiff i.e. me.
2. My father and my mother
3. My uncle-1
4. My uncle-2
5. My uncle-3
6. My sister-1
7. My brother joint name with my father.
A decree by Taluk Court for Shares of my father and mother issued with terms and conditions that Father and Mother have to enjoy their shares during their life time and after their death properties will go to Plaintiff. i.e. me. (Because I was living with my parents. Me and my father were looking after shares 1 & 2.) I agreed for this property distribution and I left properties to my parents as I was working in government sector). My brother he was notorious we had a fear that he may sell his share, which was earned by my father and hence I put my father as joint holder.
Everything was fine up to 2007. Me and my parents living together and my brother was living separate.
I, went out on various assignments in 2004 and abroad to Africa. During this period my brother came to my parents and taken in charge of all our properties I,e mine and of my parents and enjoyed all the income.
In 2007 he developed conflict internally and taken my mother with him and went separate again. My father was alone and he started taking care of my share and the share of them. My wife was taken care of him.
Once again I got the abroad placement in Jeddah, Saudi Arabia.
Because of mild heart attach he was in hospital in Jan 2008.
During this time my brother took my mother to Sub-Registrar Office and registered a will from her to his son. (The property was issued to my parents, with terms and conditions and for which decree was issued and this property deed was registered jointly in the sub registrar office). My mother alone registered the will without my father’s consent.
After 5 days my father passed away suspiciously, my brother did not allowed me to participate in his funeral as I was abroad. I went a day after and performed my duties and came back to Saudi.
From 2008 to till to day I cleared all the back debts which was upon my and my parents share (10.5 lakhs). My brother was enjoying all my share and my parent’s share which was previously written a will to me.
Recently my mother also passed away, just before her death my brother misinterpreted her and transferred all properties, which was in joint name of my parents, through will and gift deed.
I request your kind self to clear my doubts.
1. Is there any possibility of losing my property which was supposed to be transfer after the death of my parents?
2. Apart from this my father had few properties in his name. Which were, ancestral and self purchased. After his death my brother transferred these to my mother and then she registered will to my brighter.
3. Is there any possibility of filing suit against my brother who had my father as a joint share holder ?
Please clarify my doubts.
Since 6 months i am waiting for your opinion .
Now my brother illegally wit the help of some gundas occupied my house which was supposed to transfer to me after the death of my parents . He changed the khata by producing the gift deed made by my mother
Please let me know about the consequences.
Very Truely yours
I am still awaiting reply from experts
MUHAMMADHUSAIN A DHADA
24 April 2010 at 20:53
ONE OF OUR CLIENT, IN A VILLAGE OF ABOUT 2500 PEOPLE CULTIVATING LAND FOR LAST 15 YEARS.
IT IS HEARD THAT ABOUT 10 YEARS BACK, SOME PIECE OF LAND WAS TRANSFERRED TO THE OCCUPANT UNDER "RAVDA HAQ".
MAY I PLEASE REQUEST THE DETAILS OF RAVDA HAQ AND MORE PARTICULARLY HOW TO GET THE LAND TRANSFERRED FROM MAMLATDAR.
ANY JUDGEMENT OR ORDER OF MAMLATDAR CAN STRENGTHEN OUR CASE.
REGARDS,
M. HUSAIN
Bobby Mani T
21 April 2010 at 10:18
Rent Control Acts are being amended in various states. Especially in Karnataka and Maharashtra. Anybody who is dealing with such new acts may please kindly state 1. what are the lacunas in the new Acts. 2. Are the interest of Tenants and landlords are balanced in the new Acts. 3. Are there any more provisions to be included in the new act to balance the interest of tenants and Building Owners
Narayanan Sreenivasan
18 April 2010 at 13:05
I stay in the 7th floor of my apartment ,which is a proposed society formation stage. We are facing acute water shortage due to the overhead water tank being too small to ensure water for 20 families.While builder claims no responsibility, other members too are in comfort zone and are not bothered. Can i construct a small water tank in the terrace owned by me,without compromising on safety aspects of the building structure.say a 300-500 litre septic tank. terrace is owned by me in top floor .
M S Prabhakar
17 April 2010 at 23:38
What should be the basis for maintenance charges to Row Houses (RHs) in a CHS which has a mix of both flats and RHs? Should it be based on:
(1) BMC Approved Plan?
(2) Sale Agreement executed between the builder and buyer?
(3) BMC municipal tax assessment, or
(4) any other?
Each row house has been sold under two separate agreements (identified as 101 and 201 respectively) between the builder and the buyer(s). In some cases, owners of 101 and 201 are the same individual(s); in some cases, they are different.
The builder has not yet submitted the BMC approved plan of the RHs to the CHS management. Under these circumstances, how should the maintenance be charged?
In one of the cases of dispute, both units (101 and 201) are held by the same individual(s). The individual(s) claim that although the sale agreements are two, both units are interconnected inside the RH (ground and 1st floor plans of the same RH) and that it's occupied by the same family. Hence it's claimed that the RH be treated as one unit for CHS maintenance cost calculations and accordingly the billing has to be one, not two.
Please advise.
Kumar Doab
10 April 2010 at 22:09
A was allotted a residential plot by State Urban Development Authority in 1986, by a letter of allotment. The Authority has set a time schedule to construct the house on this plot or pay Non Construction charges but A did not construct the house on this plot, and died. His wife B by a transfer letter got the plot was transferred in the name of B and her two sons, but till date B has not got the registry of the plot done in the name of allot tees from authority. The Authority has been extending the time limit for the construction, and as per the last letter the allottees were advised to complete the construction by 31st, Dec2009. For the registry the alotteess were to pay all the accumulated Non Construction Charges, then obtain NDC ( No Dues certificate) from Authority, and then only the Authority would have allowed the registry of the plot in the name of allottees.
After the registry the aloottes could have become the owner of the plot, and could either complete the construction by 31st, Dec2009, or could sell the plot after obtaining NOC from the authority.
As on date the Authority has not received any policy from their Head Office clarifying whether any further extension has to be given to the allottees for completing the construction, after 31st, Dec2009 or these plots are to be resumed, and therefore are not accepting any payment of Non Construction charges and hence are not issuing any NOC, NDC, and registry.
As per the locally available feedback the State Urban Development Authority, usually does not resume the plots and gives the extension.
B states she does not have enough money to pay the Non Construction Charges and for Obtaining NOC, and cost of registry, B wants the interested buyer to first give her some token money (Sain) and then enter into a purchase agreement with her (Biana), and pay her 20% (Rs.2 lac) of the agreed cost of Rs.10 Lac, after which she will get the registry in her name, and after the registry she will sell the plot.
Kindly advice on queries:
It is not known two sons of B are major or minor. What Legal formalities B has to complete to sell the plot.
Untill the Authority gets a clear policy to allow further extension or resume plot, should any buyer enter into Biana. What precautions Buyer should take. What should be the legal language of the Sain and Biana in this case? How much time for the registry and payment should be fixed?
The Biana should be written on ordinary paper or stamp paper. If it should be written on stamp paper, who should purchase it, buyer or seller or both jointly, and should this Biana be registered in the Suvidha Centre and how many witness from the side of seller and buyer should sign.
The interested buyer has seen the photocopy of the allotment letter, through the property dealer, in the name of B and her two sons, in which it is written that construction should be completed by 31st, Dec2009 , but it is not written that if not completed the plot shall be resumed, and it is not known to him the two sons are major or minor, and he is interested to buy this property, and is being advised by the dealer and others that right now B is need of money and cost of plot is Rs. 2 Lac less than market price, and he should enter into Sain and Biana so that he gets the first right to buy this property, as and when Authority gets a clear policy to allow further extension.
In case the authority decides to resume the plot, can the buyer claim that he was not aware of the fact that this plot can be resumed? And how can he get double the amount of Biana from the allottees.
Can the buyer be cheated in this case?
Kindly advise.
Tarun Kalra LL.M, M.B.A
10 April 2010 at 18:35
respected members
if a sadhu, sant, mahant of a gaddi, gets some property from his guru, can he make a will of that property in the name of his nephew? and can that property goes to that nephew?
for example D a guru vairagi, and E is his chela, D gets DONATED property by people by his guru B, and E gets the same from his guru D, and now E has no chela, so he makes a will of that gaddies property in the name of his two nephews, F and G, now what is the procedure to file a case against F and G for providing this property to state Government? under which law this type of donated gaddi property comes,?
plz guide, and if some case law or citations plz provide
tarun kalra
advocate
Anonymous
07 April 2010 at 14:20
I bought a commercial office building, where my company was and still is, a tenant, under Sarfaesi Act 2002 at a bank foreclosure auction. After a 2 year legal battle (appeals upto SC by the borrower/Owner and again at DRT) the title was vested in me. I managed to throw the Owner/borrower out. But a pre-exisiting commercial tenant (actually two companies under same proprietor) refuses to vacate, has not been paying the pre-existing rent etc.).
My attorney filed 2 cases for eviction under the Rent Control courts, against the 2 companies. Almost 2 years later, it still has not come to trial, while the tenant continues to enjoy the property rent free.
Could this have been filed any where else other than the Rent Control ? I am told that this should have been easy and quick and should have been filed in HC, due to purchase under Sarfaesi? Even if I get the eviction order from Rent control (or HC), I am told that this can go onto appeal? The tenant is hard to work with. Answers & advise?
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Stamp Duty & Registration
My husband is executing a Release Deed in favour of my minor son, of one half share he holds in the flat jointly bought by us.
Could you please tell me the stamp duty / registration that needs to be paid for this transaction. My lawyer says that if it was a Gift Deed, the stamp duty/registration, would be nominal, however, Release Deed would attract at least half of the stamp duty/registration as payable in normal sale of property transactions. However, my husband says a recent ruling has made the stamp duty/registration payable on Release DEED within family a nominal amount..within Rs. 500/-
Kindly clarify, urgently.
Thanks
JR