kumar aaaa
03 April 2011 at 15:11
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 Question:
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?
Anonymous
03 April 2011 at 00:17
My Father was gifted a house by his mother (my grandmother) in 1995. She died in 2002.Both my parents are alive and in good health, but father is much older than our mother. . We are two brothers and a sister and we enjoy good relations. My father says that he wants our mother to get the house after his death and after her death, we should get the house. The problem is that our mother has begun to threaten us that she will will or gift the house away to another party or trust during her lifetime as she does not want us to get the house. Is it possible for her to do such a thing? Can our father make a will in such a way that our mother cannot do any such malafide action when she holds the property after our father? Please advise! I have three daughters of marriageable age and have not saved anything for them as my parents had forced me to put my earnings into a joint account with them for 20 years after my marriage.
Anonymous
02 April 2011 at 20:17
My father owing 3 houses died without a will and the legal heirs to the property are myself, my brother, my sister and my mother. Now can my mother take ownership of the entire property and sell it on the grounds that she has no other income and she needs the property for here survival without the heirs permission?
Anonymous
02 April 2011 at 15:45
In order to register a sale agreement for a shop room before start of actual construction, is it mandatory for the owner to go to registry office?
Anonymous
02 April 2011 at 13:43
I purchased a property a year back. The property is divided into 3 parts with the first part on the main road, a commercial site. This was registered/purchased by my brother in his proprietorship firm at commercial collectorate rate. The third part of the property is opn to a residential colony and was registered at the collectorate of the said colony. The middle part which has no direct access to both the sides was registered at the reisdential collectorate rate. The second & third parts were purchased by another company owned by myself and my brother. The whole deal was done as the said plots were already registered as such i.e. first plot as commercial and the second and third part as residential ones. Now i am being issued a notice by the revenue department that the second property was undervalued and should have been assessed at the commercial collectorate rate although i had got the same from the previous owners who had got the said plots registered at the various collectorate rates some three years prior to our buying them.
I want to know whether the department can do this, especially:
1. When it is more than a year when the said deal was closed/registered.
2. We had not made any changes and had bought the said properties as they were registered earlier.
Thanking You
Sincerely Yours
Anonymous
02 April 2011 at 11:37
I have worked as an employee of A.P state government.I buyed a plot admeasuring 325 sq.yrds and got registered in 1991.plot has two public roads as boundaries in the East and North.now someone occupied my plot and constructed a tiled house in the plot and a one roomed RCC house on the public road which is my East boundary.they do not have any permission from grampanchayat authorities to construct the house.Inspite of my several warnings they are not vaccating my plot.now how should i proceed on them legally?what will be court procedure like?approximately how much time it takes?
Plz help me.
Anonymous
02 April 2011 at 07:14
1) Mr. B had made a benami purchase of property in the name of his elder brother Mr. A. in the 1910s.
(Mr. A signed the registered deed of purchase and Mr. B was the the first witness on the deed.)
2) The younger brother Mr. B rented out the property by registered lease and collected rent for many years. The elder brother Mr. A was not involved in the property in any way.
3)On the death of the elder brother Mr. A, the sons of Mr. A executed a registered deed of relinquishment in favour of actual purchaser Mr. B stating that Mr. B was the true owner all along and the sons of Mr. A do not have any claim on the property.
4) Mr. B continued to collect rent for the property and the heirs of Mr. A have never made any claim on the property.
5) Now Mr. B is also deceased and the heirs of Mr. B want to sell the property.
Do they have clear title to the property to sell?
What needs to be done so that the property can be sold?
Anonymous
01 April 2011 at 23:53
Is is possible to register sale of a shop room solely on the basis of a sanctioned plan even before construction has started?If so, is it mandatory for the owner to be present in registry office during registration?
Anonymous
01 April 2011 at 19:37
Husband had made a benami purchase of property in the name of his wife.
Wife had not signed the deed of purchase (nobody signed on behalf of purchasers).
The husband is one of the witnesses in the deed of purchase (with two others).
Wife died intestate and left behind a son.
Who is the present owner of the property?
Just Husband or both Husband and son?
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stamp duty less paid whether title transfers
One of my client has been gifted by his father in law an immovable property & the same has been registered by the concerned S.R.O. & now has approached to me for a legal opinion for obtaining a loan from the Nationalised bank. However on go through the document I have noticed that the stamp duty on the same has been paid as if gift has been made within the family members. In my view son in law is not within the definition of family. So duty has to be paid as applicable to normal conveyance.
As in this case, actually this has to be claimed by the concerned S.R.O. where it is regd. However, without any remarks it has duly regd. Now my queries are
1) whether a valid title has been passed to the donee or not.
2) whether the donee can create a valid mortgage or charge on the property.
3) if answers are negative then how it can be rectified.