Anonymous
27 July 2011 at 18:18
Mr. X is father of Mr. Y. They both were tenant of house/flat, which was adjacent to each other. A joint redevelopment agreement was entered into between Mr. X, Mr. Y and the builder. In the said agreement, the holding of Mr. X and Mr. Y is clearly stated. Further, it is also mentioned that a single flat equivalent to total holdings of Mr. X and Mr. Y would be allotted in lieu of the original holdings. Accordingly, in the redeveloped property, a single flat has been allotted. However, in the share certificate issued by the Society, the name of Mr. X is only mentioned.
In view of the above brief facts, request your views on following queries:
(a) Who is the owner of the new flat – Mr. X or Mr. Y or both?
(b) Can X and Y be treated as joint owners
(c) If Mr. X wishes to sue the builder (since a lesser space has been provided as against what was promised) can he do so individually or both should file the case together
(c) Can Mr. X gift the entire premises to his other son/daughters. If so, then how would Mr. Y be compensated, since out of the total area allotted, certain portion is in lieu of area forgone by Mr. Y.
(d) What would be the rights of Mr. Y in the property
(e) Can Mr. X mortgage the premises without the knowledge of Mr. Y?
(f) Can this property be treated as “Joint Family Property” / “HUF” property?
(g) What is the legal position of the son before of the property is made Joint Family Property
Thanks in advance
vishnu
27 July 2011 at 17:49
I am from a hindu family.My father is entitled to get a share of land by a will made by his father(My Grandfather).But after my grandfather died ,when my father tried to register the share entitled to him, some of my father's brothers filed a petion in the court that the will was fraudulant and we couldn't able to make the share our own.How can we make the property our own?.Now my father is sick and he cannot move out from bed and share of land remains unregistered.
Anonymous
27 July 2011 at 17:34
sir,
i want to know that what is registered agreement and what is its procedure and cost?
Anonymous
27 July 2011 at 17:13
Dear all,
While purchasing a property, my father has paid 1/3rd consideration and remaining is paid by my grandfather. however, no document is executed and registered as it was purchased in 40 years ago.
The property stands in my father's name. the ration card and elctricity also stands in my father's name.
now my grand father is dead and my other relatives are claiming the interest in the property.
I have following queries
1. who is the Owner is such case?
2. what happens if the part consideration is paid by other member? what is his right?
3. are Ration card and Electricity Bill proof of Ownership?
4.what is the right of the Legal heirs of my grand father? are they entitled to the property along with my father?
Please answer my questions..
Thanks in advance.
Anonymous
27 July 2011 at 14:17
Good day,
I have the folowing query wrt my flat.
The builder had comitted to a completion date in 2004 and the project is still not complete.
Due to mounting pressure from a large no. of buyers the builder chose to absolve himself momentarily by giving possession in the form of a furniture making license only, which I have used till date to stay on the premises.
The builder has yet to get an OC for the building, clear a mortgage( used by him) on the property and to hand over Corpus funds to the residents.
He has, rather than solving the above issues and handing over conveyance chosen to provide for the basic necissities for the people living on the premises in order to calm them down, though no written agreement to the same has ever been effected.
Sometime during this period the builder threatened the residents to cough up the property tax to the BMC for their flats and the outstanding amount for each flat(as presented by him)was highly inflated( as we, the residents found out later).All property tax was credited to the builders personal account with the BMC( as BMC had no demarcation/ seperate accounts) and used to offset dues against his name.
Now bolstered by his actions and no questioning by the residents he has been forcing the residents to pay all pending maintenance( which he claims is at a subsidized rate).
What action can be taken against such an errant builder in order to stop such malpractice.
He may have sought to collect a reasonable rate of maintenence but this situation would not have existed in the first place (had he fulfilled his obligations).
Kindly advise..
Anonymous
27 July 2011 at 13:36
Dear Sir,
We have 5000 Sq. ft plot purchased by my father in 1969 at Buldana.
We have the purchase documents (Kharedi khat).
But we didnt have 7/12 for this.
When I enquired to talathi that land is on in the name of man who sold this land to us.
We have built house on this land as well we have muncipalty tax recepits for the same from 1969.
Is it necessary to have this 7/12 for this land ?how it can be done if must? Is there any complications that can arise through this?
Please guide me.
Kirtiman Kohli
27 July 2011 at 12:51
Sir,
I had bought a property in 1995 which later turned out to be disputed. Now, the other party has charged me with section 145 crpc. They have put in a case on 29/4/11 of an incident which occurred on 6/4/11. I received a letter on 23/7/11 about the following and that they SDM had called me on 25/7/11. Now, the SDM has decided the date of hearing to be 25/8/11. So what can be done till then? Is the section 145 valid for over 2 months? Or can I put a civil case so that the case of section 145 can be quashed? Please guide me about the same. I will be highly indebted.
Thanking you
Your's faithfully
Kirtiman Kohli
k.s.abishek
27 July 2011 at 12:38
HI EXPERTS recently in the month of November2010 we have won a case of our property in the xxvii ABBL CITY CIVIL COURT IN BANGALORE MY ORIGINAL SUIT NO IS 16482/1999 (CCCH2A) my opponent has filed a suit in high court again. still now i have not received any notice regarding that from the court.NOW ONE PARTY IS READY TO BUY my property AFTER KNOWING THAT THERE IS A CASE IN THE HIGH COURT SO CAN I PROCEED WITH THIS SALE OF MY PROPERTY.
k.s.abishek
27 July 2011 at 10:40
hi experts
i have property in bangalore recently i planned to sell that property and i got a party to buy that property and we made a sale agreement getting 10 lakhs and i now i am planning to break the sale agreement reason is iam getting a higher rate for the same property from other party who is also intersted to buy it so now i want to know how to solve this problem and break the sale agreement please help me in this regards.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
LAND RELATED
WAHT IS THE PROCEDURE IF ANY BODY LIVE 50 YERS WITH OUT ANY PROTECTION OR OBJECTION, CAN I REGISTER MY NAME .OR CAN I PUBLISH LEGAL NOTICE THAT I STAY IN THE LAND FOR ABOUT 50 YERS,I ANY BODY OBJECT,IF ANY BODY OBJECT AFTER PUBLIC NOTICE , WHAT CAN I DO