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

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Nisar Ali   03 May 2011 at 13:59

Pagdi system flats - Safe or unsafe

Hello,

I just wanted to know what is pagdi system flat.

Accordingly to the property law, is it safe to buy these kinds of flats/ houses etc.

Request your all suggestions.

Nisar

Anonymous   03 May 2011 at 12:08

redevlopment ofcommercial property

This is a case of redevelopment of one pagadi system residential building situated at the area of Matunga -King circle. In which I have one shed (garage) in the compound of of the said building and that shed is going to redevelop with the said building. Now in this case builder doesnt want to show this said shed in redevelopment plan as he will not get benefit of proper FSI therefore Agreement of redevelopment between me and builder can not be register. He suggested us to vacat possession of the shed so he can get inspected the said building by BMC Authority. And alsohe assured us togive the flatin exchaneg of the said shed without any legal agreemnt. Pls suggest how to get a legal possession of flat in the said case after redevelopment.

K.E.Thiyagarajan   03 May 2011 at 08:13

cancellation of settlement deed.

Purchased a residental plot at chennai during 1975 out of my self earned money and the same was transferred to my only son through a settlement deed during 2002 indicating that the settlement canot be cancelled or alterted subsequently on the belief that he will take care of me and his mother properly.After marriege his attitude is changed and completely neglecting us.When I want sell the property to have 25% share for self and daughter he is trying to avoid. Now I am retired and no income and has to depend my son only.I want to know whether settlement deed can be cancelled or any other remedy to restore the property. Ofcourse out of 60 lakhs worth property I need only 20lakshs for self, daughter and grand children.

Anonymous   02 May 2011 at 22:50

CLAIM OF ANCESTRAL LAND ON THE BASIS OF TITLTL ORIGINAL TITTLE DEED OF 1929

Date: 2/5/2011
Dear Sir,
The facts of the case is as follows:
Our Grandfather had purchased 8 plots of land aggregating 2 acres in
the year 1929 at Mumbai suburbs wide registered document 1929. On the
last page of the document it is mentioned that the sub registrar
refused registration under section 35(3)(a) of the Registation Act and
code order number 277. It was because the lady had taken the plea that
she was told that it was a mortgage deed though it was a sale deed.
Further, she / vendor had not received a single penny of the sale
amount. The sub registrar refused and referred the matter to the
registrar. The date of execution is January 1929. The registrar after
hearing ordered for registration in our Grandfather’s favour in the
month of August 1929 and it got duely registered in August 1929.
The Lady/vendor did not gave possession and the document was shelved
for all these years. In the year 2007, my Father handed over the
original document to me to see what can be done about it. My
Grandfather expired in the year 1964 and my Father expired in the year
2008. The property has never been sold neither by my Grandfather nor
his legal heirs till date. All of the first generation have expired.
All of the second generation are alive and are 50 in numbers.
After visiting various land revenue offices I have been able to piece
together new survey numbers for the old survey numbers from the 7/12
extracts, mutation entries, property cards, enquiry register and
various LAQ offices and also from the old village map of the year 1908
containing old survey numbers.
Thus, I have been able to identify the new survey numbers and the
location of the land. All the old srvey numbers have changed and I
have concluded that all the 8 plots of land are being held under 4 new
survey numbers which mainly belongs to industrial companies.
From the documents that I have been able to get from the registrar
office pertainig 2 our old survey numbers I find that the lady/ vendor
had created a thrid party right by mortgaging all the plots for the
exact amount at which she had sold a land to our late Grandfather. In
the subsequent years each of the plots have changed hands (transacted)
three to four times as per the document taken by me from the land
record office. There was no 7/12 extract uptil the year 1955. As found
from the varuious documents it states that the document will be
recorded in the KHOTI record when requested by the purchaser.
Further, Our Grandfather name is no where in the land record books
except for the index 2 which gives details of the title deed. Also,
the land record have been destroyed with ut most precision. No paper
for the year 1930-62 can be traced. Hence , in view of the above facts
my queries are:
1. What is our legal status vis-à-vis our ancestral land?
2. What is the legal remedy for us?
3. Will our civil suite be admitted against the parties in possession
of the land?
4. Can we claim possession of the land on the basis of the original
title deed of purchase of land in 1929?
5. Any other suggestions/advise will be appreciated.
Would like to meet you and discuss the mater if an
apointment is fixed.
Thankind you,

Sincerely
Mr Yusuf E. e- mail id yusufememon@gmail.com. mobile 9322017047

Anonymous   02 May 2011 at 20:29

Transfer of property

Respected Sir,
My father is missing from FEB-2009. Tough luck we didn't get back him after lots of searching. We have 7 acres of land on my fathers name and has some amount of money in his account. We booked FIR on Feb-2009.
Coming to questions:
1.What are the documents we need to get from court/tahasildar/police station like legal hire,non trace out.
2.What is the procedure to transfer property the to my name/my mothers name.
3. What is the procedure to withdraw/ transfer money from his account
to nominees account(mine/my mothers).
4.How long it will take to transfer/withdraw.
THANKS.

Anonymous   02 May 2011 at 16:38

is my mother has right to make will or gift, sale inherant right

dear sir,mam

case : we purchased resi flat after saleing inherant land. before sele we made devidation (in the court)of land but we are not seperated sale amount, out of which we purchased resi flat on mother name. (i have three sister and me alone) now is my mother want to make a will or gift,is she has right.

Vikas   02 May 2011 at 15:58

RE : PROPERTY

1.IF FATHER MADE A WILL (NOT REGISTERED WILL) FOR HIS SELF ACQUIRED PROPERTY IN THE NAME OF HIS DAUGHTER EXCLUDING HIS SON, CAN IT BE CHANGED, IS YES HOW MANY TIMES A WILL CAN BE CHANGED, WHAT IS THE VALIDITY OF THE WILL.

2.WHEN THE WILL HAS COME INTO EFFECT, IS IT AFTER THE DEATH OF THE TESTATOR, OR BEFORE HIS DEATH ALSO?

3.IF FATHER HANDED OVER THE ORIGINAL WILL (WITHOUT REGISTERED THE SAME IN THE COURT), CAN DAUGHTER TAKE OUT HIS FATHER FROM OUT OF HIS OWN HOUSE OR THE WILL HAS TO BE REGISTERED IN THE COURT?

4.IF THE WILL HAS GOT REGISTERED BY THE FATHER FOR HIS DAUGHTER, IS HIS SON CHALLANGE THE SAME FOR GETTING HIS SHARE IN THE PROPERTY. IF YES HOW?

PLS.ADVISE.

Thks,

Anonymous   02 May 2011 at 15:12

want to get property transfered from mother

hon sir/mam, with due respect i want ask query regarding a residential flat in a co-op hsg society. my mother own a resi flat she want to give me that property after her death. looking towards co-op hsg society which will be the best way to get property transfer in minimum cost. will, gift, sale transfer or any otherway. pl help me and also help me for supported documents requried for that.

Solomon Raj   02 May 2011 at 12:49

Working abroad and want to buy house in india

Hi, i am working abroad and i intend to buy a house in pune. Can you please advice me, which things i need to concern before i buy the house?

Thank You

Narendra Patel   02 May 2011 at 12:07

Where can i get data for claiming my part in forefather land

I belong to a farmer family in Gujarat.I have came to know from my father that we were earlier having 300 acres of land at Village - Jaspur,Ta-Kalol,dist Mehsana (Earlier now Ta-kalol falls under Dist -Gandhinagar).
But the land was aquired by villagers forcefully as my forefathers were having only single son and they were not in a position to fight.Now i want to get data of land and find out my part in the same so that i can claim.
My Question is from where can i Get the data?
and later on how to proceed? can i get the my part from it?