k.s.abishek
09 May 2011 at 11:22
hi experts
how to file a caveat in high court in bangalore ? should i can do it directly or through a lawyer please help me in this regards
Anonymous
09 May 2011 at 06:46
Dear Sirs,
My father has a tenanted office premises since 1975 in mumbai with two other partners. The said office was in firm name i.e. M/S. XYZ. My father expired in 1986. I got married in 1989. However, the business of my father remains continue till 1996 by 2 other partners without intimating the landlord about the death of my father, hence, the rent receipt remains in the same name of firm M/S.XYZ. During 1996, entire firm M/S. XYZ has been dissolved and other 2 partners has surender their rights in the said office premises in favour of my father and in exchange, they got some other office/csah etc. Hence my late father, beocmes the sole tenant of the said office premises. However, none of my family members has made any attempt to inform the landlord about the dissolution of the firm and till now the rent receipt is remain in the name of firm M/S. XYZ, consist of 3 partners (inluding my father) in the records of the landlord.
Now, since 2007, due to some dispute within the landlord brothers, court has appointed a receiver to collect the rent and has impossed a stay on any transfer of the premises.
Last month, I have informed the landlord in writting about the facts of the death of my father and the dissolution of firm and also provided the copy of the death certificate of my father. This is the first intimation to the landlord about the death of my father and the dissolution of the firm. I have made a claim for my share in the said office premises as a one of the legal heir of my late father. I have made a payment of rent of one year to the court receiver, but one of my brother has raised objection against my payment as he claims himself as the sole tenant of the premises.
Till now, my cheque for the rent is lying with the court receiver without depositing the same in to bank.
What is the remeady available to me to secure my rights?
Please advise.
Thanks.
Anonymous
08 May 2011 at 21:04
Dear Sirs,
I request you kindly to give your valuable advice and suggestions.
Father ‘F’ wishes to write a Will giving all his immovable and movables properties to his Son ‘S’, his Daughter ‘D’ , and his four (minor) grand children. The immovable property consists of a valuable big site inside which a house has been constructed. Now it has become a commercial area, and consequently the value of the property has increased.
1) Father ‘F’ desires that the immovable property should not be divided, but remain as a single unit, so that a large commercial shopping complex can be built in the entire site. Therefore, in the WILL can the Father ’F’ insist that the house property should be held jointly by his children & grand children for a period of at least (12 or) 15 years after the Father’s death. Further, if necessary, the immovable property can be divided or sold or alienated only after the above period (ie 15 years after the Father’s death). The shares of the son, daughter & the four minor grand children would be as indicated in the Will – whether held jointly or separately.
2) In the event of any unexpected developments (like death, divorce,etc, of any of ‘F’s children or grand children), can the Father ‘F’ indicate in his Will that all his properties should be redistributed among his children and grand children only and that no other person (like his Daughter- in-law or Son-in-law, etc) should have any right or claim in ‘F’s properties.
Thanking you, Sirs.
Anonymous
08 May 2011 at 20:36
Hello
In case of reconstruction of a building after demolition, is it required by law to pay tenants any amount for vacating the property and how much. Do the tenants get any share in the property. These tenants have been staying in the building for about 30-35 years
Also, can you advice me on what worth of stamp paper to be used for making the sale agreement with the builder for reconstruction of building. What percentage of property value will it be calculated
Anonymous
08 May 2011 at 17:47
Hi
We have a shop at thane Maharashtra 1st holder is my mother and 2nd holder is my father, my father has been expired last year and we are about to sell that property as we are four members remaining in our family (mother & 3 childerns) my 2 sisters have got married can you tell me know what will be the procudure to sell the shop as their is no will or nomination of the above mention property?
rooman pasha
08 May 2011 at 15:14
a big property around 1 acre without document
since we are living about 40 years without proof before this property was converted to before 10 years and now From this city committe this case was hiring in court now
in court they are ordering to vacate the property please help we have our names in registration of that old khata
k.s.abishek
08 May 2011 at 15:07
hi experts
i have a individual house which was under case in bench court and recently i got a judgement in my favour ,and the opponent did not further file any case in high court and problem is solved regarding case.now i am planing to sell that house the problem is when people knowing that their was a case before on this property the are restricting to buy this property so please help how to slove this problem and sell this property .
Anonymous
08 May 2011 at 14:08
Dear sir ,
We stay in Mumbai as our jobs and upbringing has all been in Mumbai. We have inherited some property in my native place ,which includes two houses, which my parents visit quite frequently.
All the houses in our neighbourhood are of our own relatives in which we have been living for years .
One of house which was once a shed for animals was washed out due to rain few years ago. We got all the permission from our panchyat and the related authorities to rebuild it .
Also we had planned to rebuild our house in which we currently stay .
Every time we start some activities , one of relative tries to physically and also some how legally try to interfere. Every time he claims to have a interest in the property .My old father tries to keep us all away from all this, but I want to put an end to all the issue related to ownership and also wants to ensure that the relatives stop harrasing us. Somehow I feel the only intention they have for interference is that we sell off all the property to them and move out and that too as a very low price.
Can i file a lawsuit for harrasment.
Please suggest .
Aahana
08 May 2011 at 08:01
Is there any law that if the owner and tenant jointly register with the city corporation then in case the tenant refuses to vacate, the police will help with the eviction? Is it required by law to register with the corporation?
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Gift Deed
Dear Experts,
We are having 400 square yards house and my mother and we three brothers are legal hires, my father had expired in the year 2004 without writing any will and now my mother had decided to divided the house in three equal parts by giving her share also to three sons, by way of partition deed.
My younger brother is refused to sign on partition deed as he wants more in share and we refused to give him,
Now my elder brother had consulted some of the document writer at the registered office and they had advised him to have gift deed, stating my mother had gifted the property to his sons,as all legal hires signature is not required only my mother signature is enough.
Now my elder brother is taking my mother to have gift deed in his favor and i told him that we should have partition deed not the gift deed, he is not lessening my words.
So i request to inform, if they get registered the gift deed in his favor is it legally valid or not, if not what are the consequence they are going to face in the eye of law.
Tomorrow again if we all go for partition deed is there any problem in sub registered office, because of gift deed which is already registered and now partition deed.