Anonymous
08 September 2011 at 20:31
my registered gift of immovable property given by my father to me.but after the gift was done.we found out that market value & structure details of my property was written wrong in the gift.thus we consulted a new advocate but he told that a new gift had to be done.
thus my question is can a second gift can be done where donor & donee are same.
Anonymous
08 September 2011 at 19:04
My father was an active politics in UP state congress & was running the business. Being active in state politics & ex MLC in UP vidhan prisad, he was having the good repo with MP from that region. The MP was having the farm land in Gram Kasampur Meerut in the name of his relatives. Mr MP Want to oblige my father for his outstanding loyalty & workmanship by offering the sale of his benami land area of around 20 acres .hence my father agreed to purchase that land in 1982 at the agreed prices. As My father had purchased this land in 1982 on mutual agreement & paid all consideration amounts to seller by winding up of all other his business to arrange the fund for this deal. After payment he took possession of that land & left the registry open due to some political reasons on the good faith. Since my elder brother was unemployed & not earning, my father engaged him at farming to avoid any other unseen reason .In 1984 my elder brother married. The other three brothers were studding in our respective class & course. Our elder Sister was married in 1976.
•On 18 July 1987 my father had been murdered at our native village but no satisfactory valid reason & motive had been found till date on that matter. Leaving apart that to live forward all family members decides to leave that matter started new life.
•Since the sale was not registered due to some political reason& after sudden murder of my father, the seller of above said property (which was purchased on agreement in the name of my father& my father had paid full consideration amount of land & hence land possession was taken by my father) had refused to registered the land directly in my 4 brothers name only. As per land of law the succession claim to be filed in court but they did not follow the law & had managed to get registered that property on 31-10-1987 directly in their own names, leaving both sisters by destroying that valid agreement & by paying extra amount Rs 60,000 to seller even after full consideration amount payment paid against that land which was directly paid by father at the time of possession to sellers. This extra money was arranged by dishonestly selling of our native village land which was in my mother name at throw away price by influencing all dependent including my mother at that critical time.
•At the time of this mis happening my elder brother was handling this farm business & other two brother had just started their careers as private teacher & private accountant .my younger brother had just passed 12 th Class & appeared in competitive engineering examination.
• As per land record ,the possession of land was with all brother since fasli year 1395 ie 1985 AD that also prove that land was belong to my father & dishonestly got registered by my brothers leaving me aside however I was the active unmarried member of family at that time.
•In the DM report dtd 30-06-2008 , it was mentioned that the tube well electricity bills & all other lagan etc was paid by my brothers but clear time not mentioned. Since the land was in our possession & being agriculture by my father & brother & hence all tube well electricity bills & all other lagan etc was paid by us.
•It is clearly mentioned in sale registry Benama land details that Land is already in possession of purchaser that show the claim of parental property.
•I were married in 1988 in a very poor hand to mouth family, reason behind that episode were also clear now. I accepted it as being orphan without my lovely father & my mother was illiterate & living with my 4 brothers. I am with my husband, who is out of Meerut city since then. Whenever I visit my parental place /house & discussed with brother they start taking plea that they are in big soup due to one reason or other but they had assured that I should not worry for money that will be well taken care of by them. I have to just see my husband & children & live happily. In year 2009 suddenly I come to know from other source that my brothers had start selling our parental property without any consent or information to me. I tried to confirm the same with my brother but they told that it is not true in fact someone had trap us & filed the false case against us. I believed the same .In 2010 I again visited my home due to my father in law death & that time they avoid me to discuss anything & hence I back to Present place in Rajasthan to nourish my family.
• Now came to know that they are not only selling this land but they had did the MOU with two builder & building villa & flats without any consent or information to me or my sister & now they also avoiding me to talk. Is a daughter having any right in father property as case narrated above?
Anonymous
08 September 2011 at 17:51
Dear Experts, Pl. you please read the enclosed judgement and give me your feedback on simple terms, It is too much for me to understand.
p.damodar
08 September 2011 at 16:16
My father purchased property in the year 1960 it was sale deed. My father expired in 2003 without transfer property in any of our family members.My family consist of 4 brothers and 2 sisters all are married. my mother is also alive. Now all of my family members are willing to transfer this property into my name after taking small consideration from me. I would like to take in gift deed. My doubt is (1) Is gift deed can give absolute right on said property.
(2) is there any other way to get absolute right on property. (3)is gift deed is eligible for housing loan in future renovation of property.
Kindly give yours valuable solutions.
g-onestar.
08 September 2011 at 15:40
sir,
my gift state that a market value of 9lakh but actual it is about 45lakh.
as well as the detail of my property ie i have 3 storied building,is not written in the gift .only area of the land on which the building is present is written in the gift.
the gift deed is immoveable property which is already registered for about 4 month but mutation is not done.
how to correct the structural details & market value of the gift?
we have contacted a new advocate he has told a new gift has to be done.
Anonymous
08 September 2011 at 14:04
We are staying in BORIVALI (mumbai). pagdi system .Recently landlord is charge for Rs. 100/- per month for rent collection charge & coman aria security charges for Rs. 150/- per month. But he is coman aria making for pay & park. It is right in rent law ?. If is no any bar rent control act. then how can is fight him .
Anonymous
08 September 2011 at 13:27
dear experts,may i know how many years AGPA(agreement of sale cum gpa) is valid, i heard that it is only 3 years ,is it correct information?
Anonymous
08 September 2011 at 08:54
thank you sir,this is AGPA(AGREEMENT OF SALE CUM GPA)whether my mother can soleiy cancel it .
DR. CHIRAG A, NAYAK
08 September 2011 at 01:20
Respected Sir,
I have purchase a house in last economic year and got complete legal paper on 29th of march this year with full payment through loan to builder.
Now builder is asking me to pay 58000 RS/- as a Service tax on my house. He got completion certificate on all houses at 31st march as he told us.
So kindly guide me who is liable to pay the service tax.
Builder has not clarified about service tax in legal document and also not intimated us in advance. Our whole society is facing problem now in this matter.
PLEASE HELP US.
THANKS.
DR CHIRAG A NAYAK
9428495567.
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Property share
Dear Experts, Father “X” is having property which came to him from his father’s “Y” self earned property. Now “X:” is having two sons and the said property in hands of “X” is ancestral now. Can the father can give that entire property to his one son only by way of “WILL DEED”. Can the second son can Challenge that “WILL DEED” asking his Share?