Anonymous
06 July 2011 at 05:58
my father died in 1982. he nominated his two sons during his life time that the plot shud be transferred to the sons thus nominated.my father had another two daughters and two sons, apart from the two sons
nominated. we the nominees have written to the society last year to transfer the plot on two names(nominees), even after a year it's not done.the bye-laws say that within one month our application should be kept for approval in the Managing committee's monthly meeting. it's not done. moreover they have not communicated so far nor replied to our letters.though the society admitted the nomination of the two sons, now the two of other children are also trying to manipulate & also deliberately delay the things hand in glove with the society.i understand that the plot cannot be registered in two names though there is no mention in the bye-laws. i would like to know in the absence of my deceased father are the nominees to be treated on par with any other member or not. they are not even giving us the site plan despite paying the required amount.please enlighten us on the above points and also suggest how to proceed against the society.
Anonymous
06 July 2011 at 04:01
Dear Experts,
My step-father is a Land Lord, he holds a big amount of land around 114 acres (101 Acres + 13 Acres) since past 40 years The matter of this 101 acre case is pending in SC. Intially he purchased the Land (101 Acress) for Quarry purpose, as there was no access to the Quary Land he took the adjoining lands on rental basis (13 Acres).
Dad, entered into partnership, one of his partner purchased the rented land from the original Owner. After few months/ year, they had a dispute and a consent term was executed so my step-father gave him certain area of land in the neighbourhood and in return the Purchaser (Partner) gave him the purchased rented land alongwith the POA (only notarised and not registered). So this way my dad became the owner of the rented land. At that time ULC act was in force in which a person can hold certain amount of land in his name. So in order to skip this Act he entered the land lord’s name on 7/12 extract in trust and the business was running smoothly.
Last year, then owners of the land sold that same piece of land to third party (builder) without any knowledge of my father, they took advantage of the 7/12 as the actual owners name was on 7/12. Somehow we got the documents from Tehsil and Talathi and we came to know that the third party purchased it with a very small amount and submitted fake documents like Power of Attorney etc. etc. in the Government department. Since past 40 years - till date, my dad is in possession of that property and yet the builder hasn’t approached us for possession or may be he is intending to do so. Through some reliable sources we’ve come to know that the Third party (Builder) is in process to getting IOD & CC from BMC. Few days back, the builder published the a Public Notice stating that he is the owner of the land and he has the conveyance and several other registered documents but till date we are in possession.
My question is:
1. How can we get our name entered on 7/12 and in the books of revenue records?
2. Should we file Civil Suit or Criminal Suit against the previous land owner and the builder as now the builder has declared it in Public Notice?
3. How can we prove that we are the owner of the land as still the land is in our possession?
4. What are the options available to safeguard our property from the encroachers?
5. Can we claim the property under Adverse Possession?
6. Shall we issue a Public Notice stating that we are in legal possession?
I just want to protect his land and request you all the experts to give your best advice in this matter. Your advice will be very highly appreciated.
Your Advice Seeker.
Dushyant Pandya
05 July 2011 at 23:34
Government had allotted land on lease basis for 30 years to our client. After completion of 30 years government is not ready to renew the same.
Government is wanting to do commercial activity as we are also doing the same.
What about constuction, development and goodwill?
Dushyant Pandya
05 July 2011 at 23:23
Land alloted by government for agricultural activity. Paid initial administrative fees of survey and measurement regarding said allotted land. Thereafter allottee had not done anything and after thirty year he is wanting that land. Filed application before Dy. Collector but not entertained.
Please advice favourable judgments, if any.
sanjiv batra
05 July 2011 at 16:59
DATED: 4TH JULY, 2011
IN MY FAMFILY I AM 60 YEAR OLD WAS HAVING TWO SISTERS. WE ALL WERE RESIDING ALONG WITH MY PARENTS IN A HOUSE HAVING ABOUT 325 SQ. MTR. PLOT AREA IN SOUTH DELHI. MY FATHER HAD WRTTEN A WILL, WHICH WAS NOT REGISTERED. ACCORDING TO THIS WILL MY MOTHER TRANSFERRED THE PROPERTY IN HER NAME IN THE MCD (PROPERTY TAX) RECORD. MY BOTH MARRIED SISTERS ARE NO MORE. MY MOTHER GIFTED THE HOUSE TO ME THROUGH GIFT DEED, WHICH IS REGISTERED WITH SUB-REGISTRAR OFFICE AND ALSO TRANSFERRED THE PROPERTY IN MY NAME IN MCD (PROPERTY TAX) RECORD. NOW I WISH TO RE-BUILD MY HOUSE AFTER DEMOLISHING OF OLD STRUCTURE. IS IT NECESSARY TO OBTAIN PROBATE OF THE WILL, WHICH WAS EXECUTED BY MY FATHER.
ASHOK BATRA
Anonymous
05 July 2011 at 16:05
Sir, What is the difference between registered flat owners association & registered under society registration.
Anonymous
05 July 2011 at 14:50
Sir, I have a shop which I had taken on Pagdi, The owner has given me the permission to sublet the shop and inreturn wants me to pay him twice the rent. Should I go ahead?
Anonymous
05 July 2011 at 13:22
Sir, If a Land has Been Purchased from a Individual who has owned it just By
way of Being there,whether it can be returned to the government stating the facts of the Matter.If so what is the
proceedure to do so. once it is returned
can the amount paid for the sale be claimed from the Individual or his heirs.
I am asking this as a doubt in My interest
in Law.
Anonymous
05 July 2011 at 11:43
Sir, We are staying in a complex there are total 128 flats, but at present 30 family are staying there and only 30 family have done Registry of flat. Can we form flat owners association & is this association can be Register?
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Transfer of Development Rights
My mothers land of 66 yards was acquired for road widening by muncipal corporation of vijayawada in 2005. she is entitled for Transfer of Development Rights. Can she gift them to me in her will along with the building she owns. She is yet to recieve them from the muncipal corporation. What should be the wording in the will ( like - here by gift all the tdrs with respect to NTS no --- from vmc to my son --- ). Kindly advice