Faiz
26 July 2012 at 00:46
In the state of U.P. (Bulandshahr) my father had given various properties- houses, shops & open lands to different people under "Registered Permanent lease". Please note that document does not say 99 years, but 'hamesha hamesha' or 'patta dawami'. All rights were given to the tenants including renting out, construction/alteration and above all 'Right to Transfer his Rights(further)'.
Premimium (Nazrana) was also taken from the tenant at the time of registration of document.
The only right my father had reserved with himself was the 'right to evict the tenant in case he fails to pay half rupee per year'. My father died in 1988 and i have never realised any rent from them after his death, neither i have any old rent receipts, if there were any.
Now these tenants claim themselves to be the absolute owners of the properties held by them. Many of them have even SOLD the properties calling themselves as the owners in the sale deed.
My questions are:
1. Do i still have ownership over these properties?
2. If yes, proceedings shall be done under rent control act of T.P. Act? if there is an option which is faster?
3. Is it true what i have heard that rent control doesnt apply in case of permanent leases?
4. If they are still my tenants, can i sell/ transfer my "ownership rights" to a third person?
5. Can i go to the court to get a higher rent fixed as per market rates ?
6. Can i also initiate criminal procceedings against those who have sold the properties calling themselves as owners of property?
7. After my father's death, was it supposed to be the tenant's duty to deposit rent (half rupee per year) in the court or send it to me?
Thanks a lot in anticipation.
Faiz
Member (Account Deleted)
25 July 2012 at 23:49
we had been thinking that the house we have been living for years now was in name of my grandmother purchased by my grandfather late in 1950's. Grandfather had a son from first wife(my step uncle)and two children from second wife(my dad as one of them). Grandfather died in 1999 intestate.Grandmother died in 2010 intestate.Now the man from first wife (step uncle) has filed a case against my father asking for his 1/3rd share in the property. He has produced a paper in court which shows that my grandmother had released the property to my grandfather in 1974 to which (my step uncle)was a witness himself and that the release was registered..But my father clearly remembers that in 1984,my grandmother had signed all papers/formalities in order to construct a house on that plot..Also after my grandmothers death,bill for house tax is coming on my grandmothers name only. I want to know- In case a woman on who's name a plot has been purchased releases the land to her spouse,does the title not transfer to the spouse? how can the house tax be on my grandmother's name if the release was registered? If the property had been released on his name,Why was my grandfather not authorized to sign in 1984,when we wanted to start construction and why my grandmother signed that time?
Member (Account Deleted)
23 July 2012 at 14:43
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Bobby
23 July 2012 at 08:59
In Karnataka RTC (land records) are registered at the Tahsildar's office, and appeals for mutations are handled by the Assistant Commissioners Office or Assistant Registrars Court (A.R. Court) and this is a quasi Judicial Body.
One of my friends in Karnataka has asked me the following questions:
1. Can a RTI( Right to Information Act) application be made at Assistant Registrars Court to find the status of the Appeal?
2. Can RTI be filed at the Tahsildar's office to find the status of mutation?
2. If the A. R. Court gives an order in what period of time the Tahsildar has to implement it. Eg. 2 months, 6 months.
3. If the Tahsildar does not implement it, does it amount to Contempt of Court?
4. If the Tahsildar wants to appeal against the Judjement of the A.R. Court, in what time period he has to approach the Higher Court?
5. In which Court has he to file an appeal?
If any of my advocate friends can answer these questions, I would be grateful.
JAGANNATH PASI
20 July 2012 at 16:26
Dear sirs,
I belong to sch. caste community, living in Uttar Pradesh. my wife has purchased a land from her cousin (Sch.Caste), who got it on transfer from his father. This land was awarded (avantan) PATTA to father in 1973. The sale deed was registered by Tehsildar in April 2009, & after 3 months period, "order" for possession ( DAKHIL-KHARIZ)was also passed by the same Tehsildar in favor of my wife in July 2009. But on the basis of a wrong representation by third party (villager), this deed was again cancelled by the same Tehsildar in April 2010. Now case is before the court of S.D.M. for final decision. If the decision comes adverse, what action should we take ? Please advise,
Regards,
JAGANNATH PASI
Kvijay12345
20 July 2012 at 10:01
Sir,
My friend had a land in Gaothan area in his father`s name . He planned to build a bakery there.So, he got his project loan sanctioned by the nationalized bank But the bank after sanctioning the loan for bakery failed to disburse the amount in full despite of several requisitions and follow ups & without giving any clarification for the non disbursement of the loan in full and on the contrary pressurized his father to pay off the disbursed amount. So,his father had to sell the land for the minimum amount, far below than the market rate to the local person who had threatened him to kill. after two years from the date of sale,When my friend who was working in Banglore,returned , his dad revealed this thing to him. My friend is the only son and did not ever give his permission or NOC to sell the land. What are the legal remedies available to him to prove this deal illegal thereby cancelling this deal & acquire his land back? What is the time limit available for him to take action after the sell of the land?
Tejash Patel
19 July 2012 at 10:58
Respected Sir,
Namaste,
Sir, can an agricultural land of Schedule Tribe be given on Lease to IOCL for petrol pump? and how can it be convert it to Non Agricultural?? please guide me with the LAWS for LEASING and doing NA..
Thank you very much..
Tejash Patel, Valsad, Gujarat.
Yunus
17 July 2012 at 13:44
I wanted to buy a land for residential purpose at Sangli Maharashtra. But i am having below difficulties.
1. Plots are not NA
2. That land is belongs to "Regrant" I dont know what is regrant. Please explain whether in future the plot can be converted to NA?
3. Developer is telling that he will give me possetion by doing Kabjepatti & Karar. According to him the plot can be converted as NA after few months by paying some penalty to MNC.
Your advise is required in the matter.
With regards,
Yunus
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Urgent:applicability of maharashtra rent control act on malls
Dear Sir,
One of my client is shopping Mall, who has given shops on rent to retailers for which they have entered ito an leave & licence agreeement with them. In agreemnet they have also inserted a cluase of having minimum Rs. 1 cr. as paid up capital of retailers. In few cases they have not inserted such clause. If paid up capital is below Rs. 1 Cr. then Maharastra Rent Control Act will be applicable. I want to know what are the provisions of MRCA which will not be favourable to Mall owners & hence they have to ensure minimum paid up capital clause in their agreements.