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Aditya Sood   14 May 2022 at 13:19

Transfer of title to lrs in case of redemption/repurchase

My Grandfather had availed a hand loan from his friend in 1976 and executed a residential house sale deed in the name of his sons (equally) as security against written agreement to pay it back within 5 years. After lots of complexities and escalation, the matter was finally settled by the Supreme Court recently, in which a reasonable amount of interest was ordered to be repaid back with the principal to the other parties by our family. My dad had deposited some amount in 2014, some in 2019 as per interim orders, accumulating to 90% of the total ordered amount. Balance 10% has been paid by uncle recently. In the original suit and all other suits & Supreme Court SLP, there are 4 LRs, namely my father, uncle and 2 aunts. The contribution towards repayment & advocate fees has always been done by my dad and uncle both, in 9:1 ratio as above.

The execution has been filed with the local court, asking them to execute the sale deed in our favour. As I understand, this is a repurchase transaction, not inheritance and it would be grossly unfair if we get only 25% share in the property despite contributing 90% of the amount. The other LRs are not willing to reimburse my dad for the excess amount paid by him, he has also lost a huge amount of interest since the first deposit in 2014. The property is currently in possession of my uncle and his family (wholly). Our advocate told us that the sale deed would be executed equally in favour of 4 LRs and dad would have to file a subsequent suit for recovery of excess amount against the other LRs, that too after the sale deed is executed. This creates a lot of risk because once the sale deed is executed, the other LRs can sell their share immediately and take control of the money, leaving my dad in litigation forever.

I want to know is it possible to plead to the court to order the sale deed be executed in favour of those only who have paid the contribution according to their ratio (i.e. my dad and uncle in 9:1 ratio)? Any supporting cases would greatly help my cause.

Thanks in advance.

Anonymous   12 May 2022 at 10:07

Housing society encourages servants rowdy behaviour

My housing society sent their security guard to shout at me in-front of my house and pick up a quarrel with me over a parking issue. Unfortunately, I have no video evidence of it. Can i take any legal action the person or housing society? The housing society has restricted guests car parking inside society premises and one of my guests had parked without knowing it. I was ready to take it but without hearing it the security guard shouted and was about to hit me. Please let me know if any legal action can be taken against it.

Anonymous   12 May 2022 at 00:00

Transfer of property from seller to buyer of mhada land

If it's a mhada land,but a co operative society is formed,,so how will the transfer happen between the purchaser and seller

Jit Esh   10 May 2022 at 14:04

Transfer of father's house when there is no registry.

My father had been living in pre-independence era house, in Ambala. Things like Electricity, Water and Property Tax in Municipal Committee's accounts are all in the name of my father.

In the name of house-related papers, we've got a Stamp-Paper having will written on it, with official sub-registrar seals and witnesses. Tehsildar's office does not want to spend time checking this will in their records. I guess because this is dated in 1940. They instead are asking us to provide them with some registry no. which we don't know.

What should be done in this case? I am either looking to have this house transferred in my name, to finally sell it or I want to get rid of my name from this house, so that I won't be held responsible for anything that happens with/in this house.

Thank you.

Anonymous   08 May 2022 at 19:37

Regarding the dhakhil kharij of land after 143

Hi Sir,

I am buying a land in Lucknow near to Gomti Nagar Extension with the help of my relative .As per the registry copies which is shown by the owner of property the land use already converted as residential under 143 but the concern is when i asked about the mutation aka Dhakhil-Kharij then he said its not allowed for those lands which converted under 143 and some court order already issued regarding this for whole lucknow area.
He said, that land already came under in Nagar Nigam so no mutation is allowed or required.
I am little bit surprized due to this as without dakhil khariz, we can't claim in case of natural disaster or any government acquisition.
Can you please suggest me, what i need to do in this - should go ahead or cancle the buying plan of that land.
Also, my loan process started by leading pvt bank after property document verification.

Please suggest

Anonymous   08 May 2022 at 00:16

Need help for property purchase

I am planning to purchase some agricultural land in West Bengal, Bankura district. Some of the plots have barga. The land agent said that Bargadar is willing to sign and relinquish his rights. I am looking for a competent lawyer/farm who are expert in dealing in agriculture plots with barga issues who can help me in closing the entire deal with all due diligence and paper checking etc.
Please message me with your details.

Nilay   07 May 2022 at 12:56

Grand father property issue

Hello experts,

Need suggestion: My grandfather inhereted house and plot from his father. Grandfather has two son - my father was second and elder son (my uncle) used to live in house. Grand father died in 1981, Uncle died in 1991 and my father tried to get transfer plot on his name and came to know that is already transfered on my uncles name. As my uncle had no child and only his wife (my aunt) was living in the house. considering the relation he didn't took any legal action. Since 1991 till 2022 it was used my my aunt. My father expired in 2019 and aunt died in Jan 2022.
Due to Cororna issues myself and my brother who are based in different town were not able to travel for 2 yrs. Taking advanatge my aunts relatives taken her and post her death handed over keys of local social organization leader who want to take it as donation for temple.
Although, property cost is not much but it is family property, I don't want to let it go. Now what the legal action I can take and take back possession and tranfer to property on my name?

Please suggest.

Saurabh   06 May 2022 at 17:30

Need advise to recover booking amount

Hello, My name is Saurabh.

Last month i booked a 2bhk flat from a builder and paid 10% booking amount in 2 installments + 4 lakh cash to the builder. The basic price of the flat on agreement is 35 lakhs, for rest of the amount i was taking a home loan. I have signed the agreement and also got the allotment letter which was required for the loan application.

Now, my bank has found that there is already a 20 lakhs loan sanctioned against the same flat and now the builder is saying that previous owner has surrendered the flat to the him for whatever reason and he is willing to clear that existing loan.

Now, i don't know what can i do in this situation. I do have receipts and bank statements for that 10% percent amount but no documentation for 4 lakhs that i paid in cash. Please suggest the next step that will allow me to recover and get out of this mess.

Thank you!

gaurav   03 May 2022 at 13:04

Abadi land in village

Can illegal construction on village abadi land be tried under 145 crpc by magistrate

Hemanth   02 May 2022 at 19:24

Subdivision plan approval

I bought a piece of land from total of 3300 sq ft which was divided to 3 part and I bought 1045 sq ft. Got separate Patta and survey number for the same. Now when I went for DTCP approval for construction they were asking for sub division plan approval. When I ask the Govt official they said that when a land is divided into 2 or more (sub divided) it has to be approved as sub division plan.
Then I prepared document for sub division plan but now they are asking nearly total of 90K as DD (90K is collection of amount for various fee as DD)to be paid getting sub division approval.

My question is out of 3300 sq ft divided in to 3 part and sold to 3 different people . one with 1354 sq ft has got sub division approval already while registration they got approval for his part of land . So the remaining mine 1045 sq ft and last one 943 sqft are the one which do not have sub division approval. Some how we missed that sub division before buying and that create a problem now.
Is it mandatory to have sub division plan approval for the land for construction of building or even of selling it.?
And will it be that much fees need to be payed for getting sub division approval as approx 90K as the land is located near Guduvanchery.



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