SUBHASH SHARMA
06 April 2010 at 09:36
ONE OF MY CLIENT WHO HAVE POWER OF ATTORNEY & RELINQUISHMENT DEED OF RESIDENTAL HOUSE IN HIS NAME AND HIS ELDER BROTHER’S NAME JOINTLY WHICH WAS EXECUTED BY HIS FAHER AND MERRIED SISTER (PROPERTY WAS IN THE NAME OF HIS MOTHER WHO IN NOT ALIVE).
FATHER REMARRIED AND LIVING SEPARATELY.
SISTER IS ALSO MARRIED.
NOW FATHER AND SISTER BOTH CAME TO MY CLIENT THREATENED HIM AND EXPELLED FROM THE HOUSE.
ALL ORIGINAL PAPERS ARE LYING WITH MY CLIENT NOW BOTH FATHER AND SISTER ASK THE ORIGINAL PAPERS FROM MY CLIENT.
1) WHAT SHOULD HE DO NOW KINDLY SUGGEST.
2) ATFTER THE DEATH OF THE MOTHER OF MY CLINET. THEY SHOULD HAVE FILED FOR SUCCESSION CERTIFICATE.
3) POWER OF ATTORNEY IS VOID OR NOT.
4) CAN FATHER AND SISTER WITHDRAW THE POWER OF ATTORNEY AND RELINQUISHMENT DEED.
5) WIFE OF MY CLIENT IS PREGNANT BUT SISTER OF MY CLINET WHO IS INSISTING TO GRAB THE PROPERTY IS THREATENING , ABUSING AND BEATING MY CLIENT AND HIS WIFE.
6) SINCE WIFE OF MY CLIENT IS PREGNANT MY CLIENT LEFT HIS HOUSE AND LIVING SEPARATELY HE LOCKED HIS HOUSE BUT SISTER AND FATHER OF MY CLIENT MAY BREAK THE LOCK ANY TIME.
7) FATEHR AND SISTER OF MY CLIENT COME TO MY CLINET CAME TO THE TENANTED HOUSE WHERE MY CLIENT IS LIVING THEY THREATENED THEM AND TRIED TO BEAT THEM.
8) SISTER AND FATHER OF MY CLIENT ALSO INSISTING MY CLIET'S WIFE TO GET 10 LACS RS AS DOWERY.
5) MY CLIENT ALREADY GIVEN THEM RS. 5 LCAS TO GET RID OF THE PROBLEM BUT SHE IS STILL INSISTING FOR MONEY AND PAPERS OF THE PROPERTY.
KINDLY SUGGEST WHAT TO DO.
Saju
05 April 2010 at 19:07
Hi...
There is a dispute going on between our society members and the builder. People want to form it as Society and the builder registered in as apartment Condominium. I would like to know what are the major differents between both? What is benificial for the flat owner? I am confused on how to go about it? Just to give you some more details..There are 4 building in the project. Last one is not yet constructed? Can you help us with this?
Heaven 2011
05 April 2010 at 17:27
Dear All,
Kindly advise whether prior to selling any immovable property the clearance certificate U/s 230A of the the Income Tax Act is required to b obtained by the seller. So far my knowledge goes the proviusion of section 230A of the I T Act has been obsolete. Then should i refer the same clause in my sale agreement?
Rgds
gulab
04 April 2010 at 11:24
Sir, Can a grandfather make a decree in favour of his grandsons if he is having three sons and two daughters alive.
arjav
03 April 2010 at 09:43
I WANT TO PURCAHSE A OFFICE, THE SAID OFFICE WAS CONSTRUCTED BY A BUILDER NAME X, AND THE SHARE CERTIFICATES WERE ISSUED BY 3 ASSOCIATIONS A B C.
THE PRESENT OWNER OF THE OFFICE, SAYS HE HAS BEEN NOT ISSUED SHARE CERTIFIACTE.
THE THREE ASSOCIATIONS ARE RIGHT NOW NOT AVAILABLE HERE.
WHAT IS THE RIGHT WAY TO BUY THE PROPERTY, AND FIND OUT WHEATER SHARE CERTIFICATES HAVE BEEN ISSUED OR NOT.
THE SEARCH REPORT IS CLEAR.
vishakha
19 March 2010 at 12:34
Hi, I have a builiding and a bunglow constructed in d year 2002 in Bhosri area at Pune. This area falls in the defence or red zone area of Pune. My query is that can PMC levy property tax on this land and if yes then what about section 124 F of MRTP act that says that this land is exempt from taxation as it is under red zone. Please help I have a matter going on for the same in shivaji nagar court Pune, where the question as to whether property tax can be levied in such area, has to be decided.
Shambhu
17 March 2010 at 09:58
Can someone provide me with the latest judgements in property law where the stay order on vacating premises by the defendant is dismissed.
VIGYAN
05 March 2010 at 12:26
Could someone suggest a good advocate in Goa who can handle the matters relating to Land Acquisition, Legal title Search Report and other documentstation for purchase of land in Goa.?
VIGYAN DEEP SHARMA
09717996940
New Delhi
RAJESh TRIVEDI
02 March 2010 at 13:12
WE ARE STAYING IN CHAWL SYSTEM IN MUMBAI,
WE ARE IN PROCESS OF REDEVELOPMENT OF OLD
BUILDING SO I LIKE TO KNOW
1) WHAT AREA WILL TENANT ENTITLE TO GET IT UNDER REDEVELOPMENT SCHEME ?
2) WHAT IS THE BASIS OF PERCENTAGE FOR ELIGIBILITY OF REDEVELOPMENT SCHEME ?
3) IF SOME TENANT REFUSES TO JOINT REDEVELOPMENT SCHEME THEN WHAT THEY CAN DO ? OR WHAT IS THEIR POSITION ?
4) WHAT IS CORPUS FUND AND HOW IT CAN BE BENEFITED TO TENANT ?
5) WHAT IS THE BASIS OF CORPUS FUND AND HOW IT CAN BE UTILISED ?
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Tenant eviction under Sarfaesi Act auction purchase
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?