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

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Anonymous   07 June 2011 at 16:10

Residential society has disallowed using lift while relocation.

Dear Sir,

I stay on the 4th floor and our residential society has decided not to allow usage of lifts for shifting household items during relocation. As I am living on the 4th floor, so it's almost impossible for me to get any Packers and Movers to agree on carrying the items through stairs.

Please guide me.

Anonymous   07 June 2011 at 15:56

Donated property

Sir/Madam,
My grandmother willed a portion of her house through a registered will to a religious trust. She clearly stated in her will that the property was to be used as a mandir by them. The tenants on the property were evicted through a legal suit which was fought by the religious trust on the basis of my grandmother's will. My grandmother and mother are not alive. Now the trust wants to sell the property. My question is :
1) Can they sell it without the consent of the legal heirs of my grandmother?
2) Can we obtain a Stay on the sale as the property was meant to be used as a mandir?

Deepak Gola   07 June 2011 at 13:02

Partition of Family property

Hello,

We are 6 (six) brothers and 4 (four) sisters of our parents. My mother has expired on 5 years back and fater is about 90 years old.

My fater has around 6,000 square yards residential in his name at our hometown in UP.

We two brothers came in Delhi for study and our elder brothers sold around 200 sqaure land and paid us equally.

After that my elder brother is divided the rest land equally the rest land around 5,800 square yards but the same is still in the name of our father.

Now I am asking to my elder brother to give me the my balance share which around 800, square yards but he is not responding for the same. He is selling the rest propery in parts and buying property in Delhi-NCR in his name. Please suggest me what should I do as my father is not well and he is helpless in that case.

Kindly help me to get my balance property share.

Kirankumar   07 June 2011 at 12:57

Deemed Conveyance without builder and onwer

Respcted sirs,

plz give me legal expert opinion on following issues.

HISTORY
------------------------------------------

1) That one builder intending to redevelope the one society.

2) Total plot area is about 30,000 sq.ft. in which, in half part, there is concern society constructed on 15,000 sq. ft. long time back, and all members of society is ready and given assent to builder to redevelope the scheme.

3) in other half part there is bunglow of plot owner in about 10,000 sq. ft and one other small scheme in that part about 5000 sq.ft.

4) The society has given their assent to redevelop. But the builder has not executed yet Conveyance Deed.

5) And the Owner is also reluctant to execute the Conveyance Deed to the concern society. As he came to know the fact that concern society is tryring to redevelope and he is desirous to get share in that redevelopement.

6) The present society constructed long time back and the occupant of said society residing from many years in that society.

7) Meanwhile the owner revoked Power of attorney, which was given to builder. Though Builder has constructed that society long time ago on the basis of POA and Developement agreement and created many interests in that plot or society and from last many years society members are living in that society.

8) After revocation of POA by Owner no one has intiated any legal or any other proceedings against each other.


ISSUE
------------------------------------
My queries is as follows:

1) Can we execute Deemed Conveyance Deed in favour of society without Builder as well as Owner.


2) Can we redevelop that society even after revocation of POA ( Power of Attorney )by Owner only on assent of the Society Members, then what will be consequences.

3) Can we redevelope the said society without any constravesy or hurdle by owner or Builder.

4) In such circumstances, what rights will be availabe to the Society (Flat Purchasers) about Deemed conveyance or redevelopement or any other rights from owner or builders.

5) What rights will be available to the Owner after cancellation POA against society and New Builder ( who is redeveloping the same soceity)


6) Can we get sanctions, commencements Certificate or completion Certificate from Municipal corporations or any other authority for redeveloping the society.

7) Can we file suit in Civil Court to resolve the matter, for performance of conveyance. Or can we file suit for declare void of revocation of POA and compell to owner and builder to conveyance.

Please guide me with comprehensive evalution with in the light of all legal as well as technical consequecnes.

I will be very thankful to you for the same.

Adv. KK Raghuwansi

shreya mishra   07 June 2011 at 12:24

Claim on mother's ancestral property

can a person claim on the mothers inherited property even if the mother does not want to share it with the son being under bad influence?

Anonymous   07 June 2011 at 12:19

Share in propeties (Muslim family)

Dear Sir,
“A” married and got one son and after son born his wife died. A re-married his wife younger sister. From his 2nd wife he got 3 sons and 9 daughters. Now ‘A’ expired and left his properties i.e. agriculture lands and some residential properties also share in some ponds. Which some are from his father grandfather’s father (ancestral property) and some he himself did from his own earned. Now what is the actual share i.e. his 2nd widow wife, her 3 sons and 9 daughters and 1st wife son. Is 1st wife son will gate 50% share from those properties as he is claiming that I’m alone from my mother therefore, I will get half share from entire properties and half your mother, brothers and sisters also he sold some properties. How can I claim that sold property someone already build house and leaving. This family is belonging to Muslim in west Bengal so; I would like to know what the actual share for each member as per Mohammadan law in India. Please advice!!!

Many thanks and best regards

baldev chainani   07 June 2011 at 12:04

suggestion required for cancellati​on of property deal after registrati​on with registrar

Dear Sir / Madam,

We have sold Flat to someone and he has got registration with registrar also 'coz of bank loan.

simultaneously, we have also purchased flat with someone with good hope that we will receive from buyer and pay to seller, but one good thing has happened that till date we have not registered flat with registrar.

But, now condition is this, Buyer's bank has refused for bank loan and they are unable to pay us.

Now my question is that both dealings has to be cancelled 'coz buyer unable to pay us and simultaneouly we are unable to pay to seller.

What are the formalities for cancellation of buying flat after registration with registrar and cancellation of flat without registration with registrar.

Pl. help me out this is priority basis 'coz our last date of dealing is 16th June 2011 with buyer and 6th July 2011 with seller.

Thanking you in advance for your kind co-operation and oblige.

Yours truly,

BALDEV CHAINANI
bcx1669@gmail.com
bcx1669@yahoo.com
9870005933 / 9222517630

baldev chainani   07 June 2011 at 12:03

suggestion required for cancellati​on of property deal after registrati​on with registrar

Dear Sir / Madam,

We have sold Flat to someone and he has got registration with registrar also 'coz of bank loan.

simultaneously, we have also purchased flat with someone with good hope that we will receive from buyer and pay to seller, but one good thing has happened that till date we have not registered flat with registrar.

But, now condition is this, Buyer's bank has refused for bank loan and they are unable to pay us.

Now my question is that both dealings has to be cancelled 'coz buyer unable to pay us and simultaneouly we are unable to pay to seller.

What are the formalities for cancellation of buying flat after registration with registrar and cancellation of flat without registration with registrar.

Pl. help me out this is priority basis 'coz our last date of dealing is 16th June 2011 with buyer and 6th July 2011 with seller.

Thanking you in advance for your kind co-operation and oblige.

Yours truly,

BALDEV CHAINANI
bcx1669@gmail.com
bcx1669@yahoo.com
9870005933 / 9222517630

Anonymous   07 June 2011 at 09:59

Distribution of ancestral property

One father has four sons A B C D, all are Hindu, and the father owned four acres ancestral land in his name.

In his life time the father transfer one acre land to son A, without any consideration.

Now the father expired without leaving any will behind. Now the A wants to get 1/4 share in the rest 3 Acres land including his one acre already hold by him. other sons B C D are not willing to give any share to him because he has got his share already in the life time of his father.

My question is whether the A is entitled to get any share from the rest 3 acres land or not.

Anonymous   06 June 2011 at 23:38

female rights in ancestral property

sir/madam,
does a female have an equal right in a ancestral property?

i heard that the property is bought before the amendment came, which states female has equal rights, so people say female do not have equal right because the property was bought in 1966...
kindly advise...