Anonymous
04 April 2011 at 16:56
Me and my wife separated in the year Dec'2006 and got divorce decree. After few months in March'2007 she returned back to my home with children and we started living peacefully. in 2009 we have purchased a flat in Delhi. We registered the property as co owners (As wife and husband, I am the first owner and wife as second co owner, Her name was mentioned as wife of me) and taken home loan jointly, me as main applicant. The flat was purchase on my initiative and mainly saving from my salary and other allowances like 65% from my side and remaining 35% from her side. Since then I am paying all the EMIs from my bank account. Even for registration amount I have taken personal loan. Now in 2011 again we have differences, she left the house with children. I want, I should have all the rights over the property (flat).She is ready to give power of attorney and ready to relinquish rights over the flat. How can I proceed? Is it possible to get legally thru irrevocable POA or any other option like thru release deed? I want to avoid future problems and litigation's later over the property. Neither my ex wife or children should not claim any right over the property, after paying all the EMIs for the next 16 years and money ,I do not want to loose the property as it is the only investment I have got now after the separation.. I do not want to repay all the registration charges over the half of the cost of the flat, also circles rates also increased in Delhi..
Please note
1. I want to have full rights over the flat with out any problems or litigations either from my Ex wife or children
2. She is ready to cooperate in giving POA or signing any legal document. In this respect we did not have any issue of non cooperation/fight among us etc.
Kindly advise me
Anonymous
04 April 2011 at 16:21
Dear Experts
What various documents required to file with the plaint in 14-D, Tenancy is old one in Delhi, Tenant expired leaving behind Wife, 2 sons, aginst whom to file the case. how much bright chances are there to evicitthe tenant.
Kindly also let me know the procedure of the case, means first we file the plaint and then respodents will file the reply and against will we get the chance to file the reply of the rejoinder and when we have to file the documents with our reply to respodent's rejoinder or with the plaint itself, kindly advise how we can avoid respodents to take/grant- leave to defend from court
Kindly clear my doubt, whether the widow landy herself required to let out the premises, I mean to know if the premises was let out by her father/ mother-in -law some years ago,and from whom the property is being trfd.to the widow(Daughter-in-law), can she file 14-D to evict the tenant.
Kindly also advise, when documents required to be filed
Thanks and Regards
Anonymous
04 April 2011 at 16:08
WE ARE LIVING IN A HOUSE FOR 14 YEARS WITH THE KNOWLEDGE OF THE OWNER OF THE HOUSE MR.X AND AGAINST HIS PERMISSION BUT HE NEVER WENT TO THE COURT FOR THIS MATTER. NOW AFTER 14 YEARS MR.X WANT TO GO TO THE COURT TO REMOVE US FROM THE HOUSE. THE FOLLOWING ARE MY QUESTIONS:
(A) IS THE COURT COMPETENT TO GIVE SUCH A PERMISSION TO MR.X AFTER 14 YEARS?
(B) IF MR. X SELLS HIS PROPERTY TO MR. Y THEN CAN MR. Y GO TO THE COURT TO EVICT US?
(C) CAN WE CLAIM OUR SELF TO BE THE OWNERS OF THE HOUSE IN WHICH WE ARE LIVING FOR LAST 14 YEARS BY ADVERSE POSSESSION AND DEAL IT IN ANY WAY WE WANT?
(D)KEEPING THE ABOVE SITUATION IN MIND, WHO IS THE REAL OWNER OF THIS HOUSE AT PRESENT?
Dibakar Ray
04 April 2011 at 11:41
Hi,
Can anybody please provide the relevant Acts prevelant in Jharkhand, Bihar, and Orissa for payable of stamp duty in Agreement and Indemnity Bond.
Regards.
Anonymous
03 April 2011 at 21:08
I am a Hindu.I live with my parents,grandmother and my father's unmarried brother in a flat in New Delhi.
My grandparents have 4 sons and 1 daughter.
Daughter Vinita married a Christian,but she is no more.She has 2 daughters and 1 son.
My grandparents' 4 sons are alive,Their names are:
1. Ashish married to Sangeeta
2. Sanjay(unmarried and retired)
3. Atul- married and settled abroad
4. Deepak (my father)
Ashish lives with his wife Sangeeta in another area of Delhi.
My grandfather had purchased a flat in 1978-79 in New Delhi.Now its present value must be between 1-3 crores.
He died in 2007,after writing a will in his own handwriting,signed by 2 friends as witnesses.
This will said that if he died after my grandmother's death,this flat and all his money will be equally divided amongst his 4 sons.But if my grandmother remains alive after his death,only she will decide how she wants this flat and money to be divided.
Now,since property rights lie with my grandmother who is alive,my grandmother presently wrote many signed papers where she wrote her wishes.
In 1 paper she wrote:
After her death,her unmarried son Sanjay will be cared for by Mr. Ashish & his wife Sangeeta.They will also take care of Sanjay's bank account papers,etc.
She also wrote that Sanjay will live in this present house alongwith his his brother Ashish and bhabhi Sangeeta(where we presently live alongwith my grandmother and Sanjay.).Sanjay's money will be used for house renovations,etc. whenever they are needed.
Even the name of the other son Atul who lives abroad is missing is this paper.
The main thing is that in this paper,there is no mention of how this flat and other assets of my grandparents will get divided amongst their children.It only talks of who will live in this flat.
My questions:
1. Can Mr. Ashish and his wife Sangeeta ask my father to leave this flat where we live presently,after my grandmother's death?
2. Can Ashish sell this flat and take away all the share, if my parents leave this house?
3. What can my father do to prevent Ashish from selling this house and taking away all the share,after my grandmother's death?
4. How can my father claim his share,if Ashish tries to sell the flat and take away the share?
5. Can the children of my deceased aunt also claim any share,even if my grandmother has not written anything in their favour?
Anonymous
03 April 2011 at 21:03
I am a Hindu.I live with my parents,grandmother and my father's unmarried brother in a flat in New Delhi.
My grandparents have 4 sons and 1 daughter.
Daughter Vinita married a Christian,but she is no more.She has 2 daughters and 1 son.
My grandparents' 4 sons are alive,Their names are:
1. Ashish married to Sangeeta
2. Sanjay(unmarried and retired)
3. Atul- married and settled abroad
4. Deepak (my father)
Ashish lives with his wife Sangeeta in another area of Delhi.
My grandfather had purchased a flat in 1978-79 in New Delhi.Now its present value must be between 1-3 crores.
He died in 2007,after writing a will in his own handwriting,signed by 2 friends as witnesses.
This will said that if he died after my grandmother's death,this flat and all his money will be equally divided amongst his 4 sons.But if my grandmother remains alive after his death,only she will decide how she wants this flat and money to be divided.
Now,since property rights lie with my grandmother who is alive,my grandmother presently wrote many signed papers where she wrote her wishes.
In 1 paper she wrote:
After her death,her unmarried son Sanjay will be cared for by Mr. Ashish & his wife Sangeeta.They will also take care of Sanjay's bank account papers,etc.
She also wrote that Sanjay will live in this present house alongwith his his brother Ashish and bhabhi Sangeeta(where we presently live alongwith my grandmother and Sanjay.).Sanjay's money will be used for house renovations,etc. whenever they are needed.
Even the name of the other son Atul who lives abroad is missing is this paper.
The main thing is that in this paper,there is no mention of how this flat and other assets of my grandparents will get divided amongst their children.It only talks of who will live in this flat.
My questions:
1. Can Mr. Ashish and his wife Sangeeta ask my father to leave this flat where we live presently,after my grandmother's death?
2. Can Ashish sell this flat and take away all the share, if my parents leave this house?
3. What can my father do to prevent Ashish from selling this house and taking away all the share,after my grandmother's death?
4. How can my father claim his share,if Ashish tries to sell the flat and take away the share?
5. Can the children of my deceased aunt also claim any share,even if my grandmother has not written anything in their favour?
PPBiswas
03 April 2011 at 17:40
If sale agreement of an immovable property is registered(before actual construction has been completed) is it necessary to register the sale deed for the same property after actual possession is given?And if yes,do we have to pay full duty or the balance only?
kumar aaaa
03 April 2011 at 16:50
Hi,
My name is Kumar and I want to know my rights on the properties mentioned below.
Property 1:
This property was originally purchased by my Grand Mother through a registered sale deed in 1961.
Later my Grand Mother equally divided and gifted this to my Father and his younger brother through a registered Gift deed in 2004.
My Father has 2 sons (Myself and my elder brother). My Father Gifted his portion to my elder brother through a registered Gift deed without informing me in 2010.I have not agreed and have not signed to this Gift deed given to my brother.
This is a commercial property and my father and my brother are looking after a shop in this building. I am not in position of this property as I am currently employed.
Currently because of family disputes there is an Injunction suit and Status Quo on this building.
My Questions:
1. Do I have any rights to claim on this property?
(My Father is alive & My Grand Mother is also alive)
2. Whether this Gift Deed given to my brother is valid without my signature? (My Father is alive & My Grand Mother is also alive)
3. If I do not have the rights now, can I make a claim on this property after my Father's death?
Property 2:
This property was purchased by My Grand Father in the year 1969.My Grand Father died in 1987 without any will.So my Grand Mother partitioned this property equally between my Father and his younger brother in 2004.This was done through a registered partition deed.
My Father has constructed a building consisting of 4 floors in his portion. (Ground Flr + 3 Upper floors).
My Father has taken a bank loan of 20lakhs for constructing this building.
I have also signed this loan only as a Surety. There is currently still a loan of 18.5 lakhs. The approximate cost of the building is around 80 lakhs.
Currently because of family disputes there is an Injunction suit and Status Quo on this building.
My Questions:
1. Do I have any right on this property? If yes, how much portion in the building I will be getting? My Father and Grand Mother are alive. I have 1 elder brother.
2. I am currently staying with my wife and kid in the 3rd floor of this building. My Father and my elder brother are staying in the first floor. The remaining floors (Ground Flr & 2nd Flr) are given for Rent.
3. I have also contributed financially in constructing this building but I do not have any proofs as I gave money through hard cash.
4. If in case my Father gifts this property to my brother without informing me, will it be valid? Can I still claim my portion of the property in that case?
5. If I file a Partition suit on this building, is it necessary that I should still be in position of this building? Because I am planning to vacate the building after filing a partition suit as the house I am staying is small. (I am currently staying in 3rd floor of this property).
Property 3
This property was purchased by my father from someone else through a registered sale deed. This is a plot of dimension 30x40 feet. This was purchased somewhere around the year 1995.
The only source of income for my father is from a stationery shop business located in Property 1 mentioned above.
My Father and Mother are alive.
My Questions:
1. Do I have any right on this property as my Father purchased this by doing business from a shop located in the ancestral property (Property 1 mentioned above).
2. If in case my Father gifts this property to my brother without informing me, will it be valid? Can I still claim my portion of the property in that case?
Property 4
This property was allotted to my father from BDA (Bangalore Development Authority) in the year 2001.My father purchased this from BDA for around 3 lakhs.
The only source of income for my father is from a stationery shop business located in Property 1 mentioned above.
My Father and Mother are alive.
My Questions:
1. Do I have any right on this property as my Father purchased this by doing business from a shop located in the ancestral property (Property 1 mentioned above).
2. If in case my Father gifts this property to my brother without informing me, will it be valid? Can I still claim my portion of the property in that case?
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land despute 01/03/2010
i want to known 1st case we won & 2nd case won by opposite party in konkan bhavan with help of local MP help & immediate transfer in 7/12 name we have possession .every time he doing police compliant with help of local polticals person & nothing happened then again go through ACP they also advice resolve between two of you. we demand for 50/50 then also he not agree at time of purchase what we spend money that small amt only they gave us offer .
high court we gone this matter of civil court go there only now one year pass they doesen't going to court . WE think if they file case against us is much better beacuse they have to prove everthing is right decesion ? name transfer in uttara almost one year complete
what type of action i should take ?
is we challange konkan bhavan case again in same court in konkan bhavan
or go to civil court
for 7/12 should necessary to give protest letter for same
in police station so many times call me for settelment how should i act is they have any right