mihir
02 June 2011 at 22:29
Hi, I have a question regarding flats in cooperative society situated on a plot which is leasehold…
I am looking to buy a flat for myself & have seen flat in old building in mumbai. The society is registered housing society. However, the plot is not owned by the society but is given on lease by an individual. Lease period is 99 years – balance lease period is less than 50 yrs…(One may think this is long enough but considering the HUGE property prices in Mumbai this appears a limited period)
I will like to know – What happens when the lease period gets over? Are the owners required to vacate the flat?? What kind of payment is required if the lease is to be renewed?? Can the lessor ask for termination of the lease even before the lease period is over?
Does the law anyway protect the flat owners in such case when the landlord does not want to renew the lease??
Request you to kindly reply urgently.
Regards,
Anonymous
02 June 2011 at 12:56
Two societies are located in the same complex (VASAI E) and are currently sharing common entrance and parking space.
Society "A" which is a 7 storey tower was built first. Subsequently the promoter had built Society "B" in the space meant for Garden of Society "A".
Society "B" is also a registered society for the last 5 yrs.
Now society "A" has issued a notice to society "B" stating that "B" is built on land meant for garden of "A", hence they are entitled for parking within the compound and also "B" must have there separate gate from the back lane of the building.
kindly help in replying to the above problem.
Anonymous
02 June 2011 at 08:16
DEAR EXPERTS ONE OF MY FRIENDS BROTHER GAVE CERTAIN AMOUNT OF MONEY TO HIS FATHER AS LOAN AND LATER GOT A PROPERTY WRITTEN ON PRESSURE ON HIS WIFE AS AGREEMENT (DATED 1998) NOW THE OTHER BROTHER CAME TO KNOW ABOUT IT AND WANTS TO FILE A COMPLAINTS BUT HIS FATHER IS ALIVE,BEDRIDDEN AND LIVING WITH HIS FATHER CAN THE SECOND BROTHER CLAIM ANYTHING ABOUT THIS PROPERTY PLS EXPLAIN
Anonymous
01 June 2011 at 13:58
Dear Sir/Mam,
I have owned a property [builder flat at indirapuram ,ghaziabad] in august 2010 and a home loan is also active on this property,
Question : i am not aware wheather , intkal/mutation is there for my property or not? how to check and if it is not there , what would be the next step for me to do so..
Pl help...
suresh
31 May 2011 at 11:39
(a)Ancestral Property is a property that has remained unpartitioned in the family for 4 generations. In simple words if a person holds a property which from his great grand father came in his hand down the line will be considered an ancestral property
(b) As per HSA section 6, when a son is born to a male Hindu holding Ancestral property, father and son become entitled jointly and equally all rights over the property. In simple words the son acquires "birth" right over father's ancestral property
Great Great Grand Father -> self acquired property "X"
|
Great Grand Father
|
Grand Father
|
Father -> now, father is said to be holding an ancestral property X
|
Son -> has "birth" right on X, father and son equally share right on X
So Son has BIRTH right on unpartitioned Paternal Great Great Grand Father's self acquired property --> am i right ?
Note:
1) the birth right described above also holds good for daughters after HSA 2005
2) Great Great Grand Father has self acquired property X means:
- purchased X by his own labor
- Inheried X as its heir
- Got X via will
- Got X as a share being one of the coparcener after the partition
- Got X by "birth right" on his father's ancestral property after partition
Anonymous
30 May 2011 at 06:04
Hi Experts,
Thanks for your continous advise.
I have a query that the property of half site(15*40) got registered in my name in Feb-11 and Khata transfer to my name in Mar-11.
Now I would like to pay taxes in my name in BBMP. but the BBMP person is telling that IF I pay taxes from 2009 to till I through DD's I will get computer receipt then and there itself in my name and If I want to pay taxes in my name for this year then I will have give application for transfer of tax paying authority from seller name to my name. I am confused with which one I have to go ahead.
Thanks.
Anonymous
30 May 2011 at 05:47
Hi Experts,
Thanks for your advise to my previous query.
I have one more query as mentioned below:
I have purchased 15*40 site out of 30*40 and the remaining purchased by the other party. now my question is I(first purchaser) have got all doccuments certified by registrer office and the all original doccuments given to the second purchaser.
So my question is who is the authorised person to get all orginal doccuments(first purchaser or second purchaser) as the property was sold by dividing half to one person and the remaining to other person.
suresh
29 May 2011 at 15:14
X bought 5 acres of land - Hindu, AP State.
X died without leaving any will in 2007.
As per HSA, 3 class-1 heirs inherited this property (X's wife, 1 major unmarried son, 1 major unmarried daughter).
I am planning to buy the entire 5 acres property via sale deed including all the above mentioned 3 heirs as "executants".
I dont want any shocks in future where other than the above 3 heirs starts claiming their shares in the property (Hidden heirs)
Example: X's mother may be alive, another son / daughter of X may be alive, etc who also can claim their share in X property.
So before proceeding with the buying of this property, I need a legal document which CONFIRMS that X has only 3 heirs (wife, 1 son, 1 daughter) as mentioned above.
What Legal Document CONFIRMS me that ?
(1) Legal heir certificate issued by COURT (MRO is no more issuing this in A.P)
(2) Succession certificate for Immovable property issued by COURT
(3) File a declaration suit for legal heirs and get court order
Which one is the BEST document which confirms the legal heirs of X ?
Thanks,
Suresh
Anonymous
29 May 2011 at 13:53
sir/madam...
my grand father has two sons, these two sons got land equally in pattadar pass books in 2003..after my grand father died..one son got a document that he have to get 2 acres land extra, which was written in 1989,is this document valid or not
pls reply to my message
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Can society force Legal heirs to sign Redevelopment Agreement
The flat i live in was owned by my mother who died in 1982 , my father was nominee but he too died in 1986. My elder sister married in 1994 and i have been living and maintaining the said flat all these years.The flat still stands in my mother's name and now society is going for redevelopment. My sister and i are not in good terms and the society wants us to resolve the transfer asap.
I have made a application to mainatin status quo ..but they say they need to make agreement with builder and need a name. My sister who has been married and away all these years is now making demands knowing her importance. I need to time to do the settlement with her .
1. Can the society force me (legal hier) into something i'm not interested in?
2. What happens if i don't sign the agreement with builder ?
3. Since i'm in possesion of the flat since all these years and mainating it ,can the staus quo be maintained even after the new busiding is ready ?
4. What do i need to do to safeguard my position?
Please Advice .
Thanks
Nelson R D