LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Anonymous   18 June 2011 at 13:07

Registration of a flat

Sir,I am going for a registry which I bought from a promoter at the registry time which paper we can ask from the promoters as for my property proof.

Anonymous   18 June 2011 at 12:58

Common area Parking

Sir,Can promoter sell parking in common area,but he sold the open common area car parking in the Residential complex?Plz suggest us.

Joy P. Joseph   18 June 2011 at 00:03

Apartment Owners Association

I am the president of an apartment owners Association.Kochi, Kerala. Certain Owners refuse to pay monthly maintanence charges.so far , We cold not register our Association under The Kerala Apartment ownership act 1955, because the above said act is neither notified nor it doesnt has a Registrar;therefore our association is registerd under Travencore charitable society act 1955. If a case is filed against the defaulters, does it have a legal backing?

Ramesh   17 June 2011 at 23:00

Dispute in Joint Property

Myself and younger brother bought a piece of CMDA approved land in the year 2004. The document was made as Joint property. Since I would like to sale my portion of this land, I discussed with my brother for partition deed but he did not agree and he suggested me to go for mutual release deed instead of Partition deed(also trying to give other excuse to delay my plan). I have consulted with couple of lawyers and each one is giving different opinion as below
Lawyer 1:
I have to go with Partition deed only and cannot go with mutual release deed.
Lawyer 2:
Before partition deed, I have to go with subdivision from CDMA and I can register my partition deed.
Lawyer 3:
First go with partition deed, register it and apply for subdivision from CMDA
Lawyer4:
If my brother is not ready for partition deed or any other agreement , I shall register my portion of land to my wife as settlement deed without my brother’s permission.
Kindly clarify and suggest me the cost effective methods so that I can utilize my land without problem.
Also, Do I have the right to choose any one part (corner side) of this land since I am elder to him?

Ramesh   17 June 2011 at 22:58

Dispute in Joint Property

Myself and younger brother bought a piece of CMDA approved land in the year 2004. The document was made as Joint property. Since I would like to sale my portion of this land, I discussed with my brother for partition deed but he did not agree and he suggested me to go for mutual release deed instead of Partition deed(also trying to give other excuse to delay my plan). I have consulted with couple of lawyers and each one is giving different opinion as below
Lawyer 1:
I have to go with Partition deed only and cannot go with mutual release deed.
Lawyer 2:
Before partition deed, I have to go with subdivision from CDMA and I can register my partition deed.
Lawyer 3:
First go with partition deed, register it and apply for subdivision from CMDA
Lawyer4:
If my brother is not ready for partition deed or any other agreement , I shall register my portion of land to my wife as settlement deed without my brother’s permission.
Kindly clarify and suggest me the cost effective methods so that I can utilize my land without problem.
Also, Do I have the right to choose any one part (corner side) of this land since I am elder to him?

Anonymous   17 June 2011 at 22:51

Family dispute on property

My friend allowed his father to withdraw money from his bank account when he was abroad via a power of attorney. Father bought properties in his own name (father's name) and my friend's mother's name citing that it would be easier to manage the property by local people. While my friend agreed to this, the agreement at the time between my friend and his parents was that when my friend eventually returns to India he will be given the properties by transfer of title. My friend does not have any supporting evidence of this agreement. He could prove that the properties were bought with money drawn from his account since these properties were paid from his bank account. Now the parents are going back on their promise and my friend wants to know if there is any legal recourse on getting control to the properties bought with his money. given that he has three other siblings who did not contribute anything towards this purchase of the properties. The parents want to retain control of the properties and do not want to give any promise or will in favor of my friend on the said properties. Is there a way my friend can obtain a stay order on the sale of such properties by the parents?.Can he sue on the family estate or file for partition where he can claim the properties bought with his money?. Please clarify

chander prakash   17 June 2011 at 21:45

self acquired property by grandfather-rights of grandsons

a property was purchased by the grandfather when grandson A was in existence. After few years of purchasing the property, grandson B had born. Now what are the rights of A and B in the property during lifetime of grandfather and after his death? Is the property ancestral property for both A and B? If grandfather want to sell the property, can a suit be filed on behalf of either A or B?

Anonymous   17 June 2011 at 20:25

tenant and landlord

my father is a tenant in the premises since 1966 in delhi, i joined them in 1990's after that in 2001 i started my own business from there itself. since then we both are doing our own businesses from the same premises.In Jan. 2011 the house has been sold out by the old landlord and the new one has not introduced himself to us. Also he is not receiving any rent . Now I want to know the effects of the case in which the new landlord want us to vacate.

pawan kumar   17 June 2011 at 20:15

non payment of rent

i rented shop in amritsar. initially tenant paid rent by means of crossed cheques for few months therafter he stopped paying and rent for 16 months is due. all verbal requests for payment of rent proved futile.apart he had made subletting .for which he has been receiving rent by crossed cheques from sub tenant.on our request to vacate, he is asking 5lac. kindly guide, for rent he kept us waiting promising that some money he will be receiving from abroad then he will settle our a/c kindly guide how to recover rent and get the shop vacated.

Anonymous   17 June 2011 at 17:35

Shop on pagdi on illegally acquired land

We have a shop taken on pagdi from the landlord. My landlord had purchased this property from someone who had illegally occupied the land belonging to someone else and sold it to my landlord and many other people in that area. My landlord pays the municipal taxes, property taxes etc.1) Does paying taxes make the landlord the legal owner of the property. 2) Should we pay the rent to the landlord if the property is acquired illegally?