Maitri Gda
16 August 2011 at 10:22
can society charge additional charges in maintainence bill to all members - without passing the same in AGM/ Sp AGM ? (incidenta Charges Rs 1000/- per month)
G.Padmanabhan
16 August 2011 at 09:31
Is a property subject to a private trust capable of being alienated? If, so who is competent to transfer the property? What are the issues of concern to the buyer? Would our experts share their expertise?
Anonymous
16 August 2011 at 08:51
A property was purchased by the father in the name of 2 minor childern of the first wife and 2 major childern of the 2nd wife. the mother was the guardian in the minor childern and paymnt was made through her. some time later a 3rd child was born. which has no name in the mentioned purchased property. Property was divided between the 2 minor childern and the other major childern. Both father and mother has died without any will. it is also pertenent to mention here that the wife of third child has filed a case u/s 498-
a/406 against the husband and in-laws including the minor child family. The 3rd child wife is demanding her husband share in the poperty. It is learnt by some reliable sources that a partition of property has been done by the punchayat and same has been endrosed by the civil court. But unfortynatly no original court verdict copy is availble except the photocopy. on enquiring from the record office it is learnt the file of the said case has been shreded. She has also filed a 125 crpc in which court has granted interim maintainace of Rs. 4000/- p.m. and outstanding is around more than 2,00,000/-.
Can the 3rd child who has no name in the property can ask for his share ?
Can the childern of the 3rd child who has no name in the property ?
Can wife of the 3rd child who has no mame in the property ?
Can wife or childern of the 3rd child who name is not in the said property can ask the others brother to provide share ?
Can the court grant reliefe to the 3rd child wife in the terms of his share in the said property in lieu of the maintanance ?
can v submit the photocopy of the partition order in absence of original ?
MAAJIS
16 August 2011 at 08:41
Between the partners on their landed property there was an partnership agreement been made on 50 : 50 ratio as both the party owed the property to equal extend i.e. 100 cents ( 50 + 50 )
As per the agreement one of the parties was made to be accountability for the construction activity, to maintain all records,
As on books one of the partner( A) paid 50% of the construction cost to another partner (B) before the registration deed could come into existence, thereby the other partner showed only 12% on books and the balance on the other for the construction cost, the same was shown as balance due in the agreement too as due ..
Well at a certain stage the construction was stopped and after a period of 4 years , the latter partner (B) filled a arbitration suit , claiming for accounts and dissolution of the firm
During this course of arbitration he(B) claimed for public auction and won the suit as against meets and bounds under 2:1 judgment , further it was appealed in the lower court , there also the order was passed for public auction ( both parties were private individuals )
Latter when the first party(A) who had paid 50% on account the other party ,appealed to high court , where in the order was passed - As both the parties shall take their own share back as land and building as is where in condition as on date and as per their own sharing ratio back to them
Well the question comes is whether the accountability for the amount invested is refundable or not and if so what rate of interest is claimable on the same .
On the High court the first order was passed , to share the land and building as per their ratio and to retain in whatever fashion required , whereas while claiming for the amount the matter was posted and so far nothing is coming up other than the dates
Pls guide me , we have almost lost most of our self on this ……
MAAJIS
16 August 2011 at 08:38
Here we understood that the plaintiff have filed a suit claim for ì 2,52,000/- and for the same the court has passed the ABJ during 2006/2007 before the hearing the matter from both the parties , on the 2 land properties for the same .
Now since the matter are coming up only with dates , where neither of the lawyers seems to take the matter , on this we would like to update – where by the law permits to show some way where in if one of the property can be valued with the register valuation and if the value is more than say suppose ì 2,50,000/- or so and if for the same can we make this one of the property as for the security for the court and get the other property released
If this is possible what are the necessary steps to be taken while drafting some important points to be noted , pls guide me for the same ,
Or understanding still better is there any way out for this … thinking more positively …
PankajV
15 August 2011 at 21:51
Dear Expert,
May I take your expert opinion as whether , IT IS MUST to get the Flat Rent agreement ( Leave and License) in Mumbai REGISTERED? Ref. Mahrashtra Rent Control Act, 1999 Sect 55.
Whether there is any provision that allows to use only Stamp paper based notarisation agreement only instead of REGISTERED AGREEMENT ?
My second question is whether after completion of 11 months of a Registered leave and license agreemnt in Mumbai, we again need to go for Regitered Agreement?
Thanks in advance for your valuable advice.
Regards
Pankaj
AJIT KAWATKAR
15 August 2011 at 16:22
we are joint owner of ownership apartment in maharashtra.All the documents are in order. In our long absence the said is illigally occupied by anti socials & are in possession for last 4 yrs. we decided to sell the ppty " AS IS WHERE BASIS " This word spread among the brokers. one of them put an add in lokal nes paper about 1 m. back even though i told him to get the written noc ,which he did not.
since some of my friends told me about the add i'm trying to contact the broker /advocate for request to send the copy of add alongwith their search report but thy are avoiding.
My Q is 1]Is it not illigal to give public add without obtainning noc from owner?2]is it not the rite of owner to get the copy of add & search report ?3] since they are not responding to my humble request can i searve a notice to broker/advocate followed by complaint to bar councile ? 4] speculating trouble mey i write to Registrar's office in this regard ?your valuable guidence come in handy !
K.Ravichandren
15 August 2011 at 15:50
my father was owning a property(self acquired) and without our knowledge, and after several years(15 years)of his death we came to know that the property was sold to some promotor who constructed flats on that property and sold it to several flats and the flats owners are in their possession of the said flats. We found that our father's
property was said to be sold by his power agent and the sale was executed after my father's death. In fact my father did not execute any such power of attorney and even if it is executed it could not be used after his death. Now what we could do legally to nullify the sale executed in the absence of my father and restoring the property to our favour and whats are all the rights of the promotor and the current flats owners? please explain and advise me
Anonymous
15 August 2011 at 13:53
My grandmother had bought a property in 1973 with five other partners. The said property was later managed by a partnership firm having all these as partners. Now one of the partners has sold the said property to his own sons without the consent of my grandmother. In the sale deed they have mentioned that partner X duly authorised to execute this deed vide resolution no. and so on. Can he sell on basis of resolution. Also when we asked them, they are saying that they have a NOTARY POA made in the year 1993. My grandmom does not remember if she gave the POA and moreover it was given only to manage the lands on behalf of the firm. He has also not mentioned the POA in the Sale deed to his sons. Now what will my legal standing be. Please Help !!
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Release deed on father's property between brothers/sisters
Can we write release deed between brothers on their's Fathers property ( the father has bought the property on his own and he dead with out any will) withour involving their children ( mean the grand children). The brothers have major childrens.
Thanks