Adv. Amarkumar A.Pethe
02 August 2013 at 22:14
sir,
a]as per land reform suggestion by central govt 2 all states recently whether maha govt do changes in ceiling act 1961
b]if govt reduce holding of ceiling, whether govt allow compansation for new surplus land? ,effect will prospective or restrospective?
will govt give any time to sell or transfer?
c]will it be constitutional to exit someone from [as per present law] lawful possession of land [as he purchessed land within ceiling limit]
without any compansation? by making new rule.
i am waiting for ur valuable comments
Prasad
01 August 2013 at 14:19
This is regarding a query for a property.
My father purchased a property in 1979 .In this property on EAST side is our gate and on WEST side my fathers 2nd sisters son lives (for easy reference let me give name as A). On NORTH side of this property plot my fathers elder sister plot ( for easy reference let me give name as B) and on SOUTH side a neighbor lives .
My father has given 2 cents of this plot to A (west side) , ORALLY and father build a compound wall. My father requested B to give 2 cents of her land (north side) and she gave 2 cents ORALLY and on her presence itself compound wall constructed in 1989 - 1990. B sold her complete land to a Christian on 1991.(B -she is no more living now)
There was a court case in 1992 when on heavy rain compound wall on East side fell down due to a tree of neighbor fell on EAST side and at that time the authorities came for investigation and at that time it was recorded that how much is our property and what all measurements etc and they recorded 2 cents that we got ORALLY from B (still we have that judgment papers where at time how we got 2 cents from B).
our father expired in March 2013.Our father has written this property on three sons name., on records this 2 cents which we got from B and 2 cents which we gave to A is not there as it was done ORALLY.
B is no more living and as i stated earlier has disposed her properties and now in a christen name .A is my fathers sisters son , and 2 cents properties is holding as father has given on fathers sister son ORALLY. fathers sisters son A also dont have any documentary proof to say how he got this 2 cents from my father .We are not in good terms with A and day by day he is creating problems.Now as we don’t have documentary evidence of 2 cents which we gave to A and 2 cents which we got from B , how this can be sorted out. Please advice. latest rule has come into force ROR in Kerala
waiting for an answer please
AJIT KAWATKAR
01 August 2013 at 13:01
a member of co op hsg socty in Mumbai; has submansfted a request for transfer of his rites to his son & daughter. whether this Family transfer attract STAMP DUTY or is exempted under any provision of law ?
Milind
31 July 2013 at 17:36
Respected Sir/Ma'm,
I am facing a lot of problem for transferring ownership of the unregistered will on my mother's name .
here is the following case -
Testator A1 had written a will on my father's name F1, on August 8,1986 ,after that A1 died and my father never tried to get ownership of the will and unfortunately my father F1 Passed away on January 27,2012 .
Testator A1 has 3 son S1,S2,S3 and my father has 3 children (one son K1, two daughter D1,D2) and wife W1.
Testator A1 had written a will for small portion of the property, and after A1 died rest of property's was divided between his 3 son S1,S2,S3, and his son S2 did an agreement to local purchaser P1 for selling the entire property on the basis of the then Power Of Attorney law and son S2 left the property, Now P1 used his Power of attorney law and sold out most of property until his power of attorney law closed.
after my father F1 died we went to local Property Tax Department, and according to P-Tax department property is on the name of son S2.
when we asked for local patwari for solution he said submit an application with attachment of will Xerox and F1 death certificate to Tahsildar and if there will be any dispute you case would be forwarded to civil court .
we asked second Patwari he replied that now testator A1 and also F1 is died, A1 had commitment for F1, not for F1's Family member K1,D1,D2 &W1, so according to law property will be transferred to testator son S2 and will is closed now.
Different view of different patwaris and lawyer made me so confused about how to transfer the ownership of the will on my mother's name.
Plz if there is someone with rich knowledge of such case plz suggest me the way and document and all the step with procedure for transferring the will on my mother's name.
seriously it would make a huge burden come down plz help me ! :(
Nagasrinivas
30 July 2013 at 19:43
Hi,
I want to purchase agricultural land in Karnataka. I know there are various restrictions for non agriculturists to buy agricultural land in Karnataka (like, Sec 79A/B.. etc.,
My father had agricultural land inherited from my grand father, which he sold in 2004. I have documents like RTC, Patta Book, Sale deed pertaining to that land with me.
My query is can i purchase agricultural land claiming i'm from agriculturist family ? if not why? if yes, what documents i have to submit for registration?
please reply as early as possible... Thanks in advance.
Net
30 July 2013 at 00:17
Dear respected sir/ Madame.
My father purchased a revenue land in 1987 measuring 2400 sft ( 60x40), and purchased another piece of land adjacent to this one 1n 1988 measuring 600 sft ( 20 x 40 ). the second piece was a continuation of the road in between 2 sites, which was end at the layout. the road was not continuing anywhere. BBMP took over the area in 2005 under there limits and jurisdiction. We applied and got the Khatha for the entire land as one measuring 3600 sft ( 60 x 60 ). We then got our house built on this entire land , paid betterment charges, Tax until date. An have an 'A" khatha issued by BBMP. In 2007 the neighbor filed a case against BBMP as the first respondent and my father as the second respondent for retaining back the 20 x 40 as road again. Commissioner of BBMP issued and order of Section 114, where he has ordered for the demolition of building on that portion and the khatha has been cancelled. Kindly suggest what should we do. would we loose that piece of land as road , and cant we stop the demolition and can we restore back the Khatha again?
KETAN J SHAH
29 July 2013 at 21:04
Respected Sir,
The Tenant has carried out illegal additions/alterations and encroached upon the open space in the compound.B M C issued M R T P notice.The Tenant made an application of Executive Engineer ( bldg & Proposals) for regularisation >They refused to entertain the matter as Landlord had already put his complain to NOT to regularise the premises without his NOC.
The tenant then made an application to the Asstt Mun Commissioner ( ward) and Municipal Commissioner. but did not get any reply for 60 days.Here also Landlord had filed his complain in advance.
The tenant is now contesting in the court that since he did not get any reply from the 2 competant authorities his illegal premises are deemed to be regularised under sec 53 ( 3 ) r/w sec 45(5). Is it so that without seeing the premises, without seeing the original sanctioned plans and O C the premises stand regularised ?
If M R T P notice so easily vacated then what is the use of issuing such notice.
If such deemed regularisation is granted to the Tenant then the Landlord is in danger of loosing his property.
Please give your valuable opinion. This question has been asked by the Landlord to many advocates and also B M C people known to him but NO satisfactory answer is received as many people are NOT even well versed with this M R T P law.
Thanking you in advance.
Nitin
29 July 2013 at 16:55
Temple trust has agriculture land to support temple day to day expenses. Trusty are Poojari and other from Community. Poojari was cultivating land since last so many year and under GanotDhara Act, he transferred land lin his name without knowledge of community. As per 7/12 poojai is owner of the land. Recently we come to know and now we want back land in the name of trust.
Jeeban Kumar Nath
24 July 2013 at 16:37
Dear Sir/Madam,
One property given to a person who belong to SC community and it was given under lease in 1972. The land was mutated in 1992. Now they want to sale it. As it belong to SC community, they need to get the Collector permission to sale it. Please advice me, if the land is legally sell-able or not. Why the collector is telling its under lease? You can't sale it.
Note: Land is more than 40 years under the land owner.
Thanks And Regards,
Jeeban
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Rights in the property
previously rent bill ws in jointnameof my father and mother after death of my father in yr 2010 rent receiptis in nameof living mother aged 84 yrs.asper m.o.u.signed by father me and younger brother he has transfered shopof father in his nameand henceno right in said room in mumbai but he is harrasing my mother and to me i am staying seperately my father fileda suit in bombay city civilcourt for getting evictio order brother filed write petition in high court tell me whether my brother can claim his right in said rented room?suggest me omecourts judjement in this matter toprotect interest of my mother who is legal tenantplease thanks urgentally since i have tocite judmentin citi civil and bombay high court