LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ajayveer singh   25 October 2017 at 17:44

Land sale deed

My father had a agricultural land sale agreement with brother for 6 lakhs in 1994. Family issues had held him from filing a suit within the stipulated period. Now,after retirement, he asked his brother for registration but he declined.
He thus sent an advocate notice DT 5th October 2017 to brother asking for registration or else he would have to file a non performance suit with the court.
His brother has today 25.10.17 sent his reply saying that all alligations are false and the sale deed was a trick. We should not be stepping on this land or pick any contractual money or he will suit us.
How legitimate is this answer and do we loose our rights?
Do note that the sale deed was on a 100 rupee stamp with notary and witness signatures. My father himself is contractually handing the land to tillers annually and has all proofs on stamp and in black and white.

Darius Engineer   22 October 2017 at 23:19

Rcs

I've filed a RCS as a POA holder of my aunt who's old and physically fragile against a fraudster claiming that he has purchased her property in Vasai vide a forged Agreement for Sale. Can the court ask me to deposit with the court the original documents that I'm in possession of to prove my bonafides when I've already filed copies of the same as exhibits to the RCS. I requested the court to have the originals examined by a court personnel and return the same as I have serious apprehension that these documents can go missing from the court considering the devious conduct of the respondent during thee last few years. I am willing to produce the same during the trial and cross examination as and when required. The opposite advocate has objected to this and the judge is inclined towards his view point.

Darius Engineer

Anonymous   03 October 2017 at 20:39

Share certificate not issued

My society FSI rights for a property where a building was constructed and society registered. After 2 years of registration she took approval of Municial Corporation and approval from society in General body and constructed a flat. The society is not issuing share certificate stating that we are not aware of the approval given in earlier AGM. Municipal corporation has issued Building completion certificate (BC/OC). Please advise how to deal with it

Further share certficate for a shop was submitted to soceity for transfer based on gift deed registered from fathers sister to my father. The society did not transfer and my father got order for transfer from registrar. The society passed resolution to return the share certificate without noting the transfer. Long time has passed and they are not even returning the share certificate. please advise

My father had a closed Garage used for commercial purpose in tenanted building. The was converted by landlord into CHS but garage members were not taken as member not issued share certificate but have noted ownership in my fathers name. Please advise if society is correct. There was a highcourt judgement that closed garage requires consumption of FSI and thus owner can be independent member.

Amisha   03 October 2017 at 18:42

Builder floor apartment selling rights

In a builder floor apartment consisting of G+3. We own ground and first, can we only sell these two portions we own.. The 2nd and 3rd floor have other owners in fact my siblings, can the other 2 top floors put a case against me selling my 2 portions ... Or the building has to be sold as a whole and the land value divided amongst the owners..

Darshan   02 October 2017 at 19:42

Name on society share certificate

I looked a property for purchase in Navi Mumbai (Old panvel). I have query on that property.

Flat is purchased by 1st owner in 2007 from builder and sold to 2nd owner in 2008. Society is formed in 2009 and issue share certificate on 2nd owner name. 1st owner name is missing on share certificate, but chain agreements had 1st owner name.

Is it right or wrong?
If wrong, please give me path forward on this and legal clause number, so that I can convince society members.

yogi   28 September 2017 at 20:42

Parking rights when flat is given on leave and license

mumbai based society - registered in 2009, charging NOC when given on Leave and License
all the spots has been taken but one member has taken two spots who happens to be secretary
when i have insisted parking for my self, i have been denied parking as a NRI living abroad
now i have given the flat on LL and when i insisted parking for my Licensee, parking is denied
and they have passed a resolution in board meeting that parking is not allowed when given on LL
beside society is not charging any parking fees as most of the parking spaces are taken by MC
when i have asked about the parking rules / regulation / fees / procedure to follow, they do not reply
on the contrary chairman has built his own shed in society compound to park his car and scooter

please guide me further - what my rights are ? what action needs to be taken to secure the parking ??

Abbas   23 September 2017 at 16:58

Mutation of non za land

Hi,
Can a Khewat of non ZA (Zamindari Act) land (in UP) be transferred to a legal hier under the Section 229 B. A revenue officer, however, chose to do so, after striking down the names of illegal occupants. The process was not done under the Tenancy Act 1939. Is it deemed valid? If not, what is the remedy?
Thanks

Nitesh   23 September 2017 at 14:32

Slum rehabilitation authority

Dear Sir,

Slum Rehabilitation Authority currently are surveying our are i.e Ghatkopar West, Asalpha Village. They are threatening residents of chawl to sign Jodhpatra Form - II, otherwise they will lose ownership of their home.

My questions are as follows:

Do SRA have authority for development of slum without obtaining NOC from land owner.

Do they have the authority to revoke the ownership of the house of the resident in case he does not fill the Jodhpatra Form - II issued by SRA.

How much % of people of a particular slum have to consent, for SRA to go ahed with the redevelopment.

What happens to people who does not give their consent for redevelopment.

What is a proper line of civil action (i.e. court etc), if a person has not got his end of the bargain and has been bullied by the govt. / private syndicate to accept their norms.


NITESH SINGH
7588401922

Vikas   14 September 2017 at 23:56

Gift deed execution on equitable mortgaged property

Dear All,
My Dad is sole owner of a residential plot.My dad age 59,my mom age 51 and myself age 33 we jointly applied for a home loan in year 2015 for construction of a bungalow for self use.We took the loan from a nbfc and its on equitable mortgage,we submitted the original sale deed of 1986 and the original municipal corporation sanctioned plan of the bungalow as title deed deposits.
The construction of the bungalow is nearly complete and we want to shift in the bungalow by November 2017.
My query is
Can a Gift deed be executed by my father to myself even if the home loan is still going on?or will i have to clear the home loan first and then get the gift deed done.
If we can't close the home loan can The nbfc grant us permission or something in writing to go ahead with the gift deed?whats the procedure for the above
Also is the completion certificate from municipal corporation compulsory before getting the gift deed executed or can the gift deed be executed and then the completion certificate be applied for.
What will be the charges incurred for the gift deed father to son in Pune Maharashtra?

Mohammad Ali   13 September 2017 at 13:00

Tenants rights under pagdi system

I am residing in South Mumbai and my building falls under cluster redevelopment project. My problem is landloard is giving alternate accommodation almost 15-20 km from our current premises and when we are asking for rent he is not ready to give rent and insisting to go in transit camp only.

is there any provision which help tenants to get rent or alternate accommodation nearby there current home?