Pillai Sunil Sannu
10 June 2013 at 22:11
In our residential chawl there is a development going on but the scheme is approved as Slum rehabiltion development project but I have a query that the property is in the name of the society and as per my knowledge every society have to follow pocedure of redevelopment Is the process of redevelopment right as per law or is the society to follow redevelopment process 4 stages please advice
sharique
10 June 2013 at 18:11
what is the maximum period for the application of standard rent by the landlord according to the rent control law of uttarpradesh?
Sudhir Lohar
02 June 2013 at 14:36
Dear Sir/Madam,
Gender: Female
I am married with two children aged 15 & 11 years.
My Qualification :BA
My Occupation: Part time Faculty with English speaking academy (Remuneration 7500/-)
Father: Expired. Occupation, Retd IRS Officer.
Mother: Alive House wife Qualification:8th std Inherited Property from her father(No Male progeny,only two females).
Brothers: 2
Elder brother:
Qualification 12th fail (Sci, Arts & Commerce) looking after agriculture ( Agri land belonging to his mother and some gifted by his maternal grand father)
During last 15 years he tried so many businesses from the money of his maternal grand father, father & mother. Do not know the profitability. Investments made by my father & mother.
Younger Brother:
Qualification BE MBA(US)? Stayed in USA for almost 6 years. Do not know whether completed MBA.Money sent to him to USA by my father, during his stay at USA. He was working in TESCCO b'lore as financial executive. His education loan was repaid by selling the property of my father. Presently after death of my father resigned from the job and doing agriculture on the land of my mother. Staying in one of the houses of my father.
Sister: 1 11th std fail.Married to a Police Inspector.
Husband (Son of my fathers one only sister): Qualification: BSc.Was pursuing CA,however could not complete because of ill health.Operated twice on his head for his hydrocephalus within two years.Now working in a private co as accountant.
Parents in law:Retired teachers.Not staying with us for the last 10 years.
We are staying in our in laws house.
Iam born in Moola Nakshatra.My parents wanted to get rid of me as soon as possible. My mother forced me to get married when I was in 8th std.My parents had lots of difference and my mother went into deep depression and always stayed aloof frequently visited Psychiatrist. Childhood witnessed lots of disharmony. Our upbringing was done by neighbors and relatives. Father hardly stayed with us. Used visit us every 15 days, And always drunk heavily. Used fight harshly with my mother. They dragged me into the fight, my mother used to scold me for that. Due to this I went into depression and attempted for suicide during my college days.
My husband was career conscious and had rejected my marriage proposal (wish of my paternal grand father).I blackmailed him that I would die if I would not get married to him. He finally after 4 years agreed.
My marriage took place along with my brother commonly. My husband was still learning(CA).My father had said he will take the responsibility of us, as he wanted his son to get married as he feared that he will go astray. Just before marriage my father through a Muslim fakir suggested to my husband that my husband is not good for his daughter (me).
Lots of differences were created by my parents & brother between me, my husband and my in laws. My parents right from my marriage wanted that me and my husband to stay separately from my in laws. He (my father) even suggested me to come and stay with him. He was posted in the place I am staying (my in laws)today. He frequently took me forcibly by using my younger sister (16 years younger to me). It was I who took care of her and was deeply attached to her. He used this as tool and took away me from my husband. I was helpless in my father’s game. I was the pillar in my maternal home ,it was I who took care and bonded everybody before my marriage. After my marriage it was difficult for them to handle themselves. So they tried to keep me with them. Which I was not interested.
During this process lots of differences were crept in with my husband and in laws.
Just after our marriage my elder brother who was not interested in the marriage stared treating his wife very badly. My father took my and my husbands help to resolve the differences.
During this we lost our married happiness and also our career.
10 Years back I went into depression and attempted for suicide as my husband lost a job (after two major operations to his head) and my father had been repeatedly telling me that my husband's career is finished. He for one year constantly suggested my husband also to stay away from my parents citing that my parents are not good people.
For quite some time I was getting depressive thoughts and had shared the same with my husband who gave me lots of courage but it never helped me. On that particular day I had been getting that depressive thoughts and my husband asked me calm down, helped me to think properly, but I lost my control. I swallowed tablets of my husband as he was still on medication after his head surgery. My husband hospitalized me after I said I had attempted for suicide. My brother assaulted my husband in the hospital, as he was angry because my husband intimated few relatives. And my parents never visited me for 15 days. This caused lots of uneasiness for my husband.
After that a Psychiatrist had suggested counseling for me. My parents came and took me along with them for counseling. But did not and sent me back without counseling. This annoyed my husband very much. My husband knew about my suicide attempt during college.
After that things went worst. My father threatened my husband that he would kill him and my brother threatened of dowry harassment case against my husband and in laws and I too threatened my in laws. This caused to my in laws started living separately away from us with their daughter in the same city.
My father became very insecure about my life but my husband very self respecting man never asked any help.
Though my parents offered a House he rejected.
My husband with an intention to help me of counseling asked my parent the details of my 1st suicide attempt, but my parents denied the act that such event (my 1st suicide attempt) never happened. This has caused lots of doubts in my husband’s mind against me. My father had a opinion that my in laws tried to kill me, which is not correct.
Now my sister in law (brother wife) teased me that I sent out my in laws which was not true. That made me very upset. I requested my in laws to allow me to stay with them but they did not agree. I was very mush upset. I though that their daughter is influencing them against me. This has made my husband very angry, as he feels that it is not correct.
In the mean while I have teased my husband as sexually impotent after two children, as he was getting too tired after sex and avoided it. And also he had suggested me of sex transmutation during initial years of marriage, which made me very upset.
Now owing to the above he even doubts my character. He cites that my parents only have made me a liar.
Now my husband has shared all this with my parent & brother and no body is doing any thing for this.
Now the present status is that all the relatives are distancing from me. Even my husband has stopped living with me and not supporting financially.
Now mother, brothers want the maximum share in the property .
My father became blind after high sugar and was on dialysis for almost one year.
My Father’s Property:
Self made:
Two RCC Houses
Plots sold (?) when alive: Three and do not know the utilization of Consideration received on the sale proceeds?
House sold –Two, Beneficiary?
Do not know the utilization of his retirement benefits like PF EL Gratuity.
Do not the investments made by him in FD, Gold, and Silver.
My Mothers Property:
Agri land 20 Acre
Gold Silver and Investments in FD –Value not known
Utilization of My grandfathers, Investments, Gold and Silver not known.
Please guide me as to claim my share in the property. As compared to my brothers I have not been treated equally.
Bhushan
27 May 2013 at 00:53
I have purchased a flat in Nagpur (MS) registered
(sale-deed) on 27.06.12. Right now I am residing in the flat. Before
the sale-deed I have not registered the agreement to sale. It's just
done on 100 Rs. stamp paper.
Now, my builder is asking to pay 1% VAT and 3.09 (appx) % Service
TAX. to him for giving the possession letter. He has not yet issued
the letter for that, but he is asking orally. There are a no. of
incomplete works (power back up/borewell/mutatinon in Corporation from
his side.
We have paid all the dues except VAT and ST.
We have not yet formed the society of our apartment. WE are here 25
-flats in the scheme.WE are paying monthly common expenses/bills like
common meter for water/lift power/ payment of supervisor/
Please advice us. What to do? now. What are the correct laws regarding
it.Please guide.
p k srinivasan
13 May 2013 at 15:13
We are five brothers and five sisters of my father (decesed)Three of us are first wife son (father and mother not alive)My father married to second wife she had five sisters and 2 sons.
We have 100 years old house of grand father situated at
Tamilnadu and a self acquired property of a house by my father.
Since my father and my eldest brother are not alive now, who are all eligible to get the shares in the event of properties are sold to a builder. Will the daughers(MY SISTERS) (married prior to 1980) eligible for share as well the eldest son who got released by a release deed in 1980,his son and daughters are eligible or not?
(refer Hindu succession act 2005)
pl clarify the points.
Thanks.
pk srinivasan
S.R.Venkatraman
06 May 2013 at 21:58
on coming to understand that a trespasser had created forged documents using false survey number had applied for electrical connection quoting my survey number and in my vacant residential land, I had immediately written to the Assistant Engineer of T.N.E.B not to provide any electrical connection in the name of the trespasser who was trying to grab my land with false documents.I had enclosed copies of all my documents, the vacant land tax receipt, my police complaints against the trespasser and the F.I.R filed against him. Accordingly,the A.E also refused permission to the trespasser citing these grounds - immediately, the trespasser had filed a writ petition in the Madras High Court in which he had deliberately dragged my uncle(When I had launched all the objections as the owner of the land) who is not at all in any way involved in this and also the A.E. T.N.E.B as respondents.
Under normal judicial process, the writ itself ought to have been dismissed by the court due to the wrong person involved rather than me, but surprisingly the judge had taken up the matter and passed a very ridiculous order which states that "the petitioner(trespasser)in no way established his title rights over the disputed property". However it surprisingly instructs the Asst.Engineer, T.N.E.B to use discretion as to whether a temporary electrical connection could be granted or not because any essential service like an electrical connection is the basic right of any individual under Section 27(2)of Essential Services Act and this being so, the trespasser is entitled for an electrical connection - the judgement of an High Court Judge is all the more ridiculous because, at the very start of his judgement the judge has observed that the petitioner(trespasser) has not established his title right over the property - This being the case, how he can be given such a service that too in a property that belongs to me?? - The judgement should have been that I as the owner of the property should not be denied such a right!!!
More surprising and shocking is that the judge concludes his judgement by stating that the petitioner(trespasser)cannot claim any ownership or possession of the property merely due to receiving a temporary electrical connection in his name.
Does it not go to show the extent of rot in our judicial system in which such a ridiculous and laughable judgement could be passed by an High Court Judge???!!!!!!!!
I understand that I have an opportunity to appeal against this judgement at Madras High Court itself.
I would like to know from eminent jurists in this forum as to what course of action I must take to get this judgement reversed - I am sure you all agree with me.
Thanks.
S.R.Venkatraman
05 May 2013 at 00:33
In a judgement to a writ filed by the trespassers/Petitioner against myself and the Asst.Engineer-T.N.E.B-Respondents at the Madras High Court, for issue of electricity in their name(in my survey number) to which I had objected and also sent a legal notice to the Asst.Engineer-T.N.E.B not to grant any permission for electrical connection to the trespassers/petitioner in my land survey number which they have illegally occupied and also illegally constructed a small shed with the help of local police. The petitioner/Trespassers had illegally registered the sale deed using bogus 'patta' and other forged documents.
While the Judge had observed that the petitioner/trespasser has not established his legal rights over the property due to the registration of bogus documents, he has instructed the Asst.Engineer-T.N.E.B to use discretion in granting a 'temporary' electrical connection to the trespassers/petitioner in my land survey number under section 27(2) of provision of essential services which he has observed a 'Basic Civic Right' of an individual and that such right should not be denied.
This is highly ridiculous and mockery of interpretation of a law under Indian judicial system as it is very clear that the petitioner/trespasser does not hold any rights over the property or has any clear title to the property - when this is the case where is the question of denial of provision of essential services under section 27(2) under provision of essential services act??
It is most disheartening to note the deliberate or otherwise error on the part of the judge in coming to conclusions without proper verification of land document of both the sides.
I now fear, whether my right over the property will be ultimately denied to me due to the fact that the opposite side is using money and influence to their benefit and that they may claim 'possession' over my land.
I would like to know whether I will be seriously affected by such a ruling? or
Whether this ruling is to my advantage?
Bhagirath Biyani
05 March 2013 at 13:43
We are 5 brothers. Our father was one among the 4 brothers, two brothers had separated in 1942 and 1953. Ancestral Haveli was being shared between our father and his elder brother. Our father passed away in 1957. In 1963 his half share of Haveli was vacated by us to move to new Haveli premises. This new property in Rajasthan, consists of a plot of 1000 sq mtrs, half of which has Haveli building.
2 of our eldest brothers expired 7 years ago without leaving a will. They are survived by 9 and 3 inheritors (consisting of wife, daughters and sons).
Over 3 years ago two brothers’ families had consented with us 3 brothers verbally to put the property for sale. Legal Document was drafted as agreement for all 15 to sign (us 3 brothers and 9 plus 3 inheritors of two brothers). We brothers waited for signatures or response from both the elder brother’s families. A year later, two separate agreements were drafted for 9 heirs and 3 heirs for respective compliance. Later it was realized that even the separate draft documents for 9 heirs and 3 heirs were not shared among respective mother, brothers with the sisters. All have been kept in loop, reminded for sharing, signatures and on efforts for the property sale.
Following an advice last year that being ancestral property, our fathers’ HUF is its’ owner. All relevant details about HUF were shared between we 3 brothers and male members or two elder brothers that only correct approach is to sale it as property owned by our fathers HUF. Few months ago consent letter to sale the property was also signed by us 3 brothers and only male member of one of the brother’s family in favour of eldest of 3 brothers. Application was made for PAN in name of father’s HUF. Bank has been agreeable to account opening by Karta but insisting that consent letter to this effect should have signature of all co-parceners, including some inheritors of eldest brother’s family.
The queries are:
a. Wife of the eldest brother has condition to sign only when she be given sole powers to distribute their part of the proceeds among 3 sons and 5 daughters but two sons are not consenting. What is the way out?
b. One of the brother’s only daughter, having his Power Of Attorney, three weeks ago sold his 1/5th share of property to our cousins having adjoining property, without consulting any of the rest 14). Both parties are saying that 1/5th of property sale has been registered. This is yet to be confirmed. Is all that legal? Can that be legally nullified, stayed or challenged?
c. Will the property be considered legally under HUF - though no legal status to HUF nor it’s partition - also by the buyers, who are approaching, well aware of our family and the property, including above noted sale of 1/5th? Can Karta go ahead to negotiate with buyers for all or the remaining 4/5th, keeping all informed. Will such deal be acceptable for registration and by Income Tax?
rajendrathakor
04 March 2013 at 02:13
Dear sirs,
I had made an agreement to sale (BANA CHITTHI) on Rs.100/-stamp paper (UNREGISTERED) to purchase an agriculture land as on 10/03/2011.The value of land is approx. 5 crores which is shown in the agreement.There are 6 names in the 7/12, three has signed the agreement. I had made payment of Rs.500000/-(five lakhs) in cash which was shown in the agreement .and Rs 1000000/- (Ten lakhs) cash as on 21/04/2011 on simple voucher signed by one of the three sellers. I want to clarify that voucher does not say about the payment is against the purchase of land. The clauses in the agreement are general except one which says as follows:
" from the date of agreement to sell, the seller of land shall give title clear certificate within one month and the seller will execute sale deed after receipt of the remaining consideration within 5 (five) months from the date of Title clearance certificate. Moreover in above term the agreement to sell would be automatically cancelled after passing due date and the purchaser shall not file litigation for specific performance about the said land in any court."
I was unable to pay the remaining consideration and no capacity to pay this huge amount. This agreement was done to resell the land but couldn’t find the purchaser. Now I have received the notice as on 8/02/013 from the seller’s advocate stating that we have forfeited money & our client has given you title clearance certificate as on 3/04/2011(even though they hadn’t gave me) and your agreement was stands cancelled as on so and so date , you had/have /will have no right in our land .After a week I had given a notice by advocate stating that you were unable to give me title clear certificate due to family crashes and I am ready even today to make payment and purchase the land at previous rate. After receiving my notice,they had given me another notice containing copy of title clear certificate. I want to clarify sir that as per condition they had taken title clear certificate without any fault.
Please advise me sir what are the remedies available to me? Can I file litigation?
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Pagdi system
Sir/Madam,
Request you to please help on the following:
In case of a pagdi flat ,the NOC from other legal heirs has to be on a stmap paper? A NOC in a regular document format but duly noterized will stand valid?If not then what format has to be followed.Pls help