Sadanand B. Panchal
04 August 2012 at 20:14
Dear Experts,
Right of way i.e. easement is included in the property rights. As per section 52 of the Transfer of property Act the Word "Any Suit" is introduced as any Suit pending before Civil Court regarding the Property, land. Whether right of way suit is included in expression " any Suit" in the said Act? if yes, then can I register a Les Pendens before Sub-Registrar?
Thanks in advance,
Sadanand B. Panchal.
Sadanand B. Panchal
03 August 2012 at 16:50
Dear Experts,
I am residing at Shantaram Chawl constructed in 1933. The Chawl situated at a plot (X ) for which Property Register Card shows Original Occupant as Rodrigues. In the year 1973, the said owner had executed a conveyance deed to convey the plot (X) to one Co-operative Housing Society by a Deed of Conveyance under which the said Rodrigues (shown as occupant in P.R. card) had shown his property as “ The vender being absolutely siezed and possessed or or otherwise well and sufficiently entitled to the land hereditaments and premises together with the several structures standing thereon save and excepting those belonging to Shantaram situate lying and being at Survey no. 316...... and more particularly described in the 1st Schedule-I herein after written (hereinafter referred to as “the said property”) has by agreement by sell dated 17th day of April 1972 agreed with the confirming party at or for the price of Rs. 3,25,000/- calculated for area of 2470 square yards....”
The said deed of conveyance was signed on 28-02-1973 and Registered at the office of the Sub-registrar on 1-03-1973 and the schedule-I of the properties was shown as “ All that piece and parcel of the land hereditaments and premises together with the several structures standing thereon save and excepting those belonging to Shantaram situate lying and being at Survey no. 316......”
1) Please explain me whether this contract deed or Schedule-I had excluded those structures with land belonging to Shantaram from operation of the contract?
2) Please explain me whether this contract deed or Schedule-I had excluded only those structures belonging to Shantaram from operation of the contract, not land belonging to Shantaram?
3) By obtaining the above referred deed of conveyance the said Co-operative Housing Society is claiming to be the absolute owner of the entire plot and also constructed a 16 storied building by fraudulently utilizing a quantum of T.D.R. of our Chawl without consent of the owner and occupiers of the Shantaram Chawl. Please explain me whether the building permit granted to the said society is null and void or not?
Thanks in advance for your prosperous help!
Sadanand B.Panchal
vipul
03 August 2012 at 11:57
sir,
There is a partyA(died), she was a Govt employee. Govt allotted some land to her and she paid all amount to Govt. She has two sons PartyB and Partyc.
Before PartyA died she made a will on the plain papper with a revenue stamp signature across it stating that after her death her property should be given to childrens
of partyB and partyc. They both together have 7 childrens.
Govt made a registered sale deed document on the name of PartyC and wife of partyB(as party B and partA died).
Now at present childrens of Partyc are married.
Partyc and wife of PartyB had a registered partition deed among themselves without including their childrens.
partyc constructed a building after having the partition and i was unaware of the will and i purchased ground floor by having registered sale deed.
Now after 2 years PartC daughters approached court for their share as her grand mother had left will on their name. PartyC daughetrs are claiming the partition deed
between Partyc and wife of partyB is not correct as they are not included in partion according to their grand mother's will.
PartyC daughters has not included me in the court suit.
As they have approached court for their share and we have purchase based on the Govt sale deed to partC and wife of party B and partition deed between them, what implication could happen to us.
What are the measures we need to take. Can court dismiss the partition deed between PartC and wife of PartB.
Please provide your suggestions as i am confused as what i need to do in this scenario.
Vishal Gupta
03 August 2012 at 09:55
I am trying to buy a DDA flat. HDFC has refused the loan for the same for the following reason :
1. GPA executed between Seller & Buyer (one of the 4 past transactions) in March, 2001 is not registered.
2. This GPA is accompanied by Agreement to Sale and an Affidavit which says that the GPA is irrevocable. HDFC is asking for Will from Seeler in favor of buyer in addition to GPA, ATS & Affidavit.
DDA has issued conveyance deed for this flat in 2005. It has been sold once after the freehold conversion as well, by duly registered Sale Deed in 2005.
Is HDFC legally correct in asking for these documents ? Is there any issue with property title with existing documents ?
Prathamesh Jadhav
02 August 2012 at 17:02
When the Property i.e. land transfer takes place from one person to another then the ferfar number is mentioned on 7 X 12 utara. my grand father owned a land on which his name is mentioned as owner. i had taken a search with tehsil office for all 7/12 and all ferfar since 1949-50 till date. i am not getting the ferfar number mentioned on any 7/12 or not getting the details of transfer i.e. how the transfer takes place. i have also searched gat utara (ektrikaran) on which old survey number is mentioned and now converted to gat number. there also i am not getting any jawabs etc. before 1965-70 the same land was owned by my great grand father. then how to find out nature of transfer from great grand father to grand father.
Sagar
01 August 2012 at 16:07
Hello,
I have heard that a service tax (House/Home)(2.5%) applied from 2010 is now exempted by government, is this news confirmed. I asked my builder but they said we did not receive any such circular. Could you please help me, whether government has really exempted service tax from property or not. If yes where can I get the reference?
-Sagar
Rohit Kurmi
31 July 2012 at 19:45
a society is on a leasehold land, Lessor being a BMC, i.e municipal corporation,
earlier a lease deed was signed for 999 yrs with a lessee. however the lessee went out of country, giving a Power to another person.
now through this power he constructed a building vide development agreement with builder,
members of building came together and formed a soceity. now they are opting for deem conveyance/ deed of assignment in favour of scoeity.
is it possible, to soceity to become a lessee thorugh deem conveyance, teh land originally belongs to municipal corporation .
snehashree
31 July 2012 at 19:15
Respected Sir,
I worked in IAF and during that period I purchased a house a plot along with a constructed house from a housing society in 1995. As advised by the then president and secretary of the society, I applied for the membership and they gave me a letter of accepting my application for membership and allotment of the plot number 9 along with the building over it. Plot number 8 was not alltted to anybody because no body could construct anything on it due to overhead HT cable running over the area. After a few years, in a general meeting (This does not take place regularly as expected by law) myself and the owner of Plot number 7 proposed the society members and the appointments that since it is of no use to any body, the plot number 8 may be sold to us and we are ready to pay the amount stated by the society on the terms and conditions of the society. The then president and secretary of the society gave us a letter giving us extract of the minutes of meeting accepting our proposal followed by a letter on the societies letter head and under the signature of President and secretary stating that as per the minuted of the meeting, they are in receipt of the money from the owners of Plot number 7 and 9 and the ownership of plot number 8 has been given to us with the condition that we will not construct any thing on it. Since then we are in possession of the land since then.
Now after retirement from IAF the present President and secretary has asked to honour the commitment that no commitment at that time was given on stamp paper and as such they do not recognise our ownership of the plot number 7. The president and secretary who gave us the letter are not alive.
May I kindly request your expert advice on what course of action should I follow? I am in possession of the property. The owner of plot number 7 has been telling me that nothing can happen since we have letter written by the president and secretary on the societies letter pad. But being from IAF I wish to get every thing done properly so that when I decide to sell the property, nobody objects to it and the new owner does not face difficulty in enjoying peaceful possession of the property.
Please advice further course of action?
With warm regards.
Gp Capt (Retd)Shrikant Walwadkar
Bangalore
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"any suit" in section 52 of transfer of property act, maharashtra
Respected sir,
I have filed a suit before the Hon’ble City civil Court against a developer, a Co-operative Housing Society and B.M.C. when the said Defendants with their action obstructed my right of way, right of egress and ingress under a building permit. In the Plaint I have Exhibited a sketch Plan Showing the portion of right of way for which I entitled to. Now the said right of way is minimized, dogged and Ramp is constructed violating DCR. The ad-interim reliefs were refused by the Hon’ble Court due to undertaking given by the Defendant no.2. The N/M is pending for hearing. I have authorities/ citations of the Hon’ble Courts i.e. All point way Judgements. In the meanwhile the Defendant in suit filed his Affidavit in Reply which exposed that the Co-operative Housing Society is not the owner of the property land where the suit open space is the part of it. It was also stated on oath that dispute of the ownership of the land is under dispute before Hon’ble High Court First Appeal.
The following are the prayers which I have prayed before the Hon’ble Court:
THE PLAINTIFFS THEREFORE, PRAY :
a)That this Hon’ble Court be pleased to declare that the Defendants, their servants and agents or anybody claiming through or under them have any rights of any nature whatsoever obstructing the Plaintiffs right of way, right of egress and ingress or by the Plaintiffs vehicles on the said suit open space (Ex- B hereto) in any way towards the Plaintiffs premises known as Room no.X, X/A, XX Chawl, Dunhill Society Building Compound, C.T.S. no.XXXX, Dr. Ambedkar Road, Khar, Mumbai-400 052 and suit open space or appurtenances thereof.
b)That it may be declared by an Order of this Hon’ble Court that the Plaintiffs have as a right and out of necessity the right of way over the common suit open space (Ex- B) hereto and entrance and have an implied easement existing over the common entrances which the Plaintiffs have been enjoying since the last several years and has now sought to be denied by the Defendant No. 1 and 2 and that the Defendant No. 1 and their agents/servants may be restrained by an Order and injunction of this Court from proceeding any further with blocking of right of egress and ingress of the Plaintiffs towards Dr. Ambedkar Road from making constructions wall on the suit open space.
c)That this Hon’ble Court may be pleased to declare that the sanctioned Plan and I.O.D. bearing no. XXXX/AS/WS of 200X approved by the Department of the Defendant No. 3 be null and void and not binding upon the Plaintiffs and liable to be revoked.
d)That pending the hearing and final disposal of the suit, the Defendants their servants and agents be restrained by an order of injunction of this Hon’ble Court from obstructing the Plaintiffs right of way or right of egress and ingress or by Plaintiffs vehicles on the said suit open space (Ex- B hereto) towards the Plaintiffs premises known as Room no.X, X/A, XX Chawl, XX Society Building Compound, C.T.S. no.XXXX, Dr. Ambedkar Road, Khar, Mumbai-400 052 and suit open space or appurtenances thereof.
e)That pending the final disposal of the suit, the Defendants, their servants and agents or anybody claiming through or under them be directed by an order of this Hon’ble Court to remove any construction, wall constructed by the Defendant nos.1 and 2 obstructing the Plaintiffs right of way or right of egress and ingress or by Plaintiffs vehicles or in any way towards Plaintiffs premises known as Room no.X, X/A, XX Chawl, Dunhill Society Building Compound, C.T.S. no.XXXX, Dr. Ambedkar Road, Khar, Mumbai-400 052 and open space or appurtenances thereof ;
f)Pending the hearing and final disposal of the suit this Hon’ble Court may be pleased to restrain the Defendants, their agents, servants, and anybody claiming for further implementation of the said sanctioned Plan approved by the Department of the Defendant No. 3.
g)That if any orders are passed by this Hon’ble Court, this Hon’ble court be pleased to grant the Plaintiffs police assistance from Khar Police station to implement orders;
h)Ad interim and interim reliefs in terms of prayer (d) to (g) above be granted ;
i)For costs;
j)For such other and further reliefs in the nature and circumstances of the case may be granted;
My question is:
Can I Register a lis pendens before Sub-Register office under T.P. Act for my Suit?
Thanks in advance,
Sadanand B. Panchal.