Sandeep
12 May 2011 at 10:38
There is a property in the name of my Grand Father (H.U.F). When we buy that property my grandfather was old, so he make karta to my tauji. He signed the deed at that time. Now my garndfather is no more. And our family settelment has been done by mutual understading and we received that property. But that property is in my name by mutual understanding and in paper it is still in my grand fathers name which is K.L.Agarwal (H.U.F).
My Grandfather having 4 sons.
Can anyone tell me what should I do ?
Arati Gawde
11 May 2011 at 22:06
My friend fence (Boundary mark) around his house (By way of permanent construction of cement) at oral permission / consent of the people who have ownership of that land around his house. And this way they gave permission for boundary mark on their land. Now after one & half year these people told that they want to measure the land and now they want back their land. So my queries are: -
1.1st whether these people have right to measure the land after the gap of more than one and half years?
2.What are the remedies available to the person who on oral permission /consent built fence around his house?
3.What is the time limit for measurement after giving oral consent?
4.Are these people having right to measurement of the land, and on that measurement destroy the fence (permanent construction)?
Anonymous
11 May 2011 at 18:03
I have purchased a ready to movein flat in Bangalore from a reputed builder. I will be applying for a loan to pay for this flat from ICICI bank. The builder has taken advance payment and is preparing the ‘Agreement to Sell’. Now he has asked my for DD of 20,000 Rs. for registering the agreement to sell with Sub-registrar. My bank does not need registered agreement worth 20,000 rs. Only a stamped agreement of stamp value 200 rs is sufficient for them to disburse the loan. Please advice on the advantages & disadvantagees for me to pay this 20,000 rs to builder for registration at this stage? Also it is legally mandatory or may i negotiate with builder to pay this amount at time of flat registration.
Rajesh Bichitkar
11 May 2011 at 16:29
Actually we had purchased a flat in kalyan in the year 2008. We had taken Home Loan also where i was an applicant and my wife is a co-applicant. that Home Loan is still going on. Unfortunately while signing the Sale deed and registration my wife's name could not be included as joint owner. But now i want her to be included as a joint owner of the property. Society is formed in Feb 2011.
Request to guide me if i can execute Deed of Rectification or to execute Gift deed or otherwise. Also pl suggest on liability to pay any stamp duty.
Anonymous
11 May 2011 at 14:22
A flat is jointly held in the name of the name of two brothers(say A,B). 'A' invested the whole money in buying the flat in 1990 but got the flat registered jointly in his and his brother's(B) name. The flat is located at Kolkata and 'B' resides in it. 'A' lives in Delhi.
Now there is a conflict between the two brothers and 'B' is refusing to give any share in the flat that is originally owned by 'A' and jointly owned by 'A & B' in legal terms.
All telephone,gas and electricity connection is also in the name of 'A'.
I am Mr. A.
Pls provide the legal advice.
___Raja___
11 May 2011 at 13:15
Can come property lawyer give some information on the Government of India ruling on the issue of service tax for under construction property. As per the builder, we are supposed to pay 2.575% tax on all payments made after 1st July, 2010. I want to know the following,
1. Where can I find the Government of India circular (online if possible) which states that property buyers are supposed to pay this tax. As far as I know, the matter was still pending in court and a final ruling has not been given.
2. Legally who is supposed to pay this tax? The builder or the property buyer? Is the builder passing on his burden on the property buyer? Can this be challenged?
Thanks,
Raja
sudhakar s. yeradkar
11 May 2011 at 12:59
I stay in lokgram complex. There are 25 individual societies developed by one developer and functioning independently. Besides this one central federation is there called LOKFED which works for the common problems of the said complex.
I would like to know Is there any different By-laws for FEDERATION or existing rules are applicable which are laid in the existing By laws?
Please reply at the earliest.
rgds,
Sudhakar Yeradkar.
Anonymous
11 May 2011 at 11:18
I am a Married woman,married in state of Maharashtra in 1992 & well settled
Our parents who expired in 2008 left behind them assets & property without a will in writing but with an oral communications to me my entitlements & my other siblings entitlements.
As a gesture, I contemplate to issue a NOC favouring my siblings quoting the relevant section 29A of HSA 2005 as ammended. The section 29A of HSA 2005, as ammended reads as,
Under Section 29-A of HSA 2005,added by the Amendments, the daughter of a coparcener shall by birth become a coparcener in her own right in a joint Hindu family governed by Mitakshara law, and shall have the same rights and be subject to the same liabilities as if she would have been a son provided,
a. In the event of partition, she shall be allotted the same share as that of the son, and if she is dead at the time of partition, her children will be allotted her share.
b.She shall hold such property with incidents of coparcenary ownership, and shall be entitled to dispose of it by will.
c.A daughter married before 22-6-1994 (the date of operation of the Act) has been excluded from these benefits.
d.Nor are partitions effected before 22-6-1994 to be reopened.
e.And partitions effected on or after 22-6-1994 and before 15-12-1994, if not effected according to the provisions of the Amendment, shall be rendered null and void.
In view, is the stance taken by me is valid, & under what procedure should I issue a NOC & the legal wordings thereon.
Pl advice.
Anonymous
11 May 2011 at 10:32
In view of the recinding of Section 23 of the earstwhile HSA 1986 by 39 in HSA 2005,are Married daughters,(married prior to 22 June 1994 in Maharashtra who are settled, not seperated nor divorsed) claim Co-parcenary rights under Section 29 A,29B & 29 C of Hindu Succession (Maharashtra) Amendment Act or under Hindu Succession Amendment Act 2005?
Could some legal pundits throw light on this issue with the exact interpretation of Section 29A, Section 29B and Section 29C and/or any with support of Caselaws substantiating/purpoting the class/categories of daughters entitled for the same.
Chandini
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Tenant refuses to accept return of Security Deposit
Mr.Parag entered into leave and license agreeement with Gopal on 10.3.10 for 12 months for staying in a flat in mumbai at monthly rental of Rs.3500/= and security deposit of Rs.25000/=. One of the terms of the said agreement is one month notice to be given before vacating if vacated within 6 months besides paying brokerage and registration charges incurred by Licensor. On 9.3.11 he requested orally for renewal of next 11 months on increased rent of Rs.3850/= but other conditions remained same as per last agreement. There is no agreement to the renewal after 10.3.11 due to busy schedule of Licensor. In good faith it was agreed and tenant paid also 2 months rent on 7.4.11. Suddenly on 3.5.11 he gave oral notice to vacate the flat on 10.5.11 and on 10.5.11 vacated the flat and demanded full refund of security deposit of Rs.25000/=. Landlord Gopal issued a cheque to Parag for Rs.21150/= towards refund of security deposit by deducting one month rent of Rs.3850/= Parag refused to take the cheque and demanding orally Rs.25000/=. What arethe rights and remedies in this case available to Land lord and Parag