Anonymous
19 July 2011 at 22:17
Dear Experts Kindly advise.
We are living flats under kolkata Municipal corporaation. KMC had issued CC for the building.Some flat owners have applied for mutation from KMC. But few flat owners did not apply at all for mutation. It appears that they may not be interested on mutation of their flats. Now we want to know is there any rule/ regulation that all flat owners of newly built and purchased flats are required to apply for mutations then only KMC will issue the mutation. Please advise.With thanks
Anonymous
19 July 2011 at 22:08
Hello,
I hava a property, the same has been decree to my mother's name few months back. The same has been registered to my mother's name in local municipality. Now a tenant residing there is not ready to evict the place. The problem is we neither have any lease agreement nor do we have any rent receipts. The property is situated in Haryana. My question is that what is the proceudre before sending a notice of eviction? I mean that is there some limitation before sending legal notice such as 5 or 10 years. Please help me with the issue.
Thnx
Anonymous
19 July 2011 at 20:03
PROCEDURE FOR THE REGISTRATION OF DEED OF ASSIGNMENT IN KOLKATA WESTBENGAL...?
K.K.Ganguly
19 July 2011 at 17:00
Would the Ld. Experts opine on the following matter?
1) In the year 1950 3 persons namely X,Y & Z coming from erstwhile East Pakistan forcibly occupied the land of one Mr. Siraj situated at the out skirt of Kolkata.
2) The said land was sold to one Mr.A by Mr.Siraj in 1951 by a Sale Deed in his name,
3) One Mr.B filed a partition suit in 1955 making Mr.Siraj, his nephews & also Mr.A as opposite party who never appeared in any hearing. The Judgement was given in 1975 stating that the land is of Mr.B though it is in the name of Mr.A. (I.E. it was a Benami Property). The order was given for partition. A did not understand all hese things and kept quite.
4) X,Y & Z went up to High Court who affirmed the above decision of the lower court.(Barasat District Court),
5) Now A died after which his wife willed it to her nephew P who also died after taking Probate & his daughter Q claims to inherit the property.
6) Now the decedents of X filed title suit against B claiming adverse possession of which A was the power of attorney holder for B. The suit was rejected.
7) The decedents of B sold the property to R who has filed a title suit against X,Y & Z who are still the occupiers,
8) In that T.S filed by R against X,Y & Z, an appeal was made by A for being a party to that suit claiming for the first time that he is the owner of that land. This appeal to become a party was rejected by the magistrate stating that (a) he was the Power of Attorney holder for B in their T.S for the same land against X,Y, & Z (b) he was never present in any hearing of his application &(c) he has not attached copy of the probate. P was bed ridden at that time for which he could nott attend the Court & died after 6 months.
9) Q the daughter of P (who was the wife of A)now sold the property to one Builder innocently.
10) The builder later on came to know the defect in title in that property and has given 5 days time to return the money including the Registration cost (Rs.10 lakhs) or correct the defect in title otherwise he will file FIR and get her arrested.
The back ground that A is he was an innocent and uneducated priest totally under the clutches of B who was a cunning the then Jaminder of East Bengal. All the decedents of A are still very poor uneducated people. The present owner (claimant/seller) Q is a private Ayya who all along knew that the property is of her forefathers and also that once an unknown person was presented before the judge by decedents of B claiming to be P who stated that he is not he actual owner.
My question is
a)what should be done now to save Q, the poor lady?
b) What should be done to ensure that the property goes to her & prove that it was not a Benami Property in the name of her ancestor & that they cold not fight the cases because of their lack of education & money and also that they were in the hand of the then Jaminder B. She has one affidavit given by the decedents of B (out of 4) which states that the property belonged to A.
It is a life and death question for her now since she has already spent the money to repay loans.
Would any Advocate practicing at Kolkata like to take up the case aggressively?
Thanks in advance.
sunithrani
19 July 2011 at 12:57
Sir,
my mother received a gift deed of 2 acres property from my grandmother.1973 our of the 6 acres she was owning in Andra Pradesh . But recently when we got our details from Register office my mothers property and her mothers property are still in theri names only as per the EC records. . Since we had our cousins my motehr had given her property for her bortherin law to growing crops as he had 5 daughter and they had difficult times ( verbally agreed). Yield from the land was taken by him . After his death when my mother went to take custoday of the land. She can to know that he has taken some pass books in his name and given it to two others
How it is tranferred is not know to us since my mother's , borther-in-law has died. When we approach the Tashildhar he told us to come and he will enquiry about the above situtation and we had gone to tashildhars office for meore than 5 times and person whosenames are mentioned in the pass book are not coming to the office ( that is the version of the office staff in the MRO office) and they are not showning us the address of the person who's names are entered and physical the person is not appearing in front of us to show documents.
Reply from the Tashildhar
We met the tashildhar and we had given the details of the property to them and now the tashildhar is saying since it the property of my mother is being forged by my mothers sisters husband and he has created the pass book and sold it two other persons. what should we do now.
kindly advice at the earliest. in andhra how to get the pass books cancelled and some people are advicing to go and contact the district collector and show proofs for benami pass book and get it cancelled. is it true.
So I want to some one to give us good advise how to get back our property. whether we have to go to the court of law or to collector please advice.
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Anonymous
18 July 2011 at 12:09
Is it in India, foreclosure process has to be done through court? i.e with the intervention of court.Mortgagee has to file suit for forclosure and get the decree for sale.
or
can Mortgagee sell the mortgaged property directly to seller through registration?
Anonymous
18 July 2011 at 06:46
Hi team,
I am a finance professional working in a MNC in Bangalore.
I am planning to start a poultry farm in Karnataka.I will be resigning from my job and will be completly in farming. But as per new land reforms in Karnataka, a normal person will not be allowed to purchase agriculture land.
Is there any clause in the law which will allow me in the purchase of agriculture land.
Other details:
My annual income is less than 2 lakhs/ annum.
Thanks in advance
Anonymous
17 July 2011 at 15:25
Dear Sir / Madam
My father had rented four of our shops without any agreement with the tenants. The shops were rented almost 35 years back. My father has been giving rent receipt to the tenants for the rent they have paid over the years.
Currently there is a case going on in the court for these shops. We have asked for vacating of the shops on the ground that we need the shops for our own use. The case has been going on for a long time now. Its almost been 8 years. The shops are located in the state of Uttar Pradesh.
My question is that can we do new construction on the roof of the shops? Do we need any kind of clearance and can the tenant raise any objection?
Please advise.
Anonymous
17 July 2011 at 15:22
Dear Sir / Madam
My father had rented four of our shops without any agreement with the tenants. The shops were rented almost 35 years back. My father has been giving rent receipt to the tenants for the rent they have paid over the years.
Currently there is a case going on in the court for these shops. We have asked for vacating of the shops on the ground that we need the shops for our own use. The case has been going on for a long time now. Its almost been 8 years. The shops are located in the state of Uttar Pradesh.
My question is that can we do new construction on the roof of the shops? Do we need any kind of clearance and can the tenant raise any objection?
Please advise.
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SRA query on commerical property
I have two shops of 200 sq. ft each in a particular locality since 1984 and that location is going under SRA scheme wherein the builder is in the process of taking collective and individual consents for make an application to SRA authorities.
My parents have expired and i am the only son of theirs. I belive that under SRA schems one can get only one flat / shop.
Builder is offering only 1 shop of 200 sq. ft. (am i entilted to ask for more under the regulation) and is asking me to sacrifice the other shop. Also he is not ready to compenstate me in cash equivalent to market value of the other shop?
Also as per the builder, part of my shop will be going for road development and he is of the opinion that the same will any way be taken by the collector.
Can any one help me on the various alternatives/ remedies available to me?