Anonymous
17 March 2020 at 16:13
I received a summon from Delhi High court where plaintiff had instituted "suit for specific performance and permanent injuncion" against 6 defendants. I am one of the defendant. The summon asks me to appear before Joint registrar in court (and to appear before HC on a later date) to answer all material questions and to answer the claim. Also it is asking me to file a written statement within 30 days. It is also directing me to file an affidavit of admission/denial.
I do not want to be involved into all this. I want to know what will be the consequence if I do not appear in court? Is there anyway I can ask for leave on this date? Do I need to take help from legal professional to reply to this summon?
Anonymous
16 March 2020 at 21:26
My grand-father is not a farmer and he doesn’t hold any type of immovable property.
My father is a government school teacher and not a farmer but purchased agricultural land in the year 1983 after taking prior permission from the DC to purchase the agricultural land. The permission given by the DC to purchase agricultural land to my father only.
The above agricultural land is purchased by my father from his own funds without the aid of HUF Funds, after the next day of purchase itself, my father reported to the registering authority that my family is HUF having myself and my 2 other brothers and submitted letter, requesting to the registering authority to add his 2 other brothers name in the land records.
On the request and report by my father, Registering authority have added my 2 uncle name in the land records and presently all the name of 3 (My father and 2 brothers of my father) are reflecting in Land records as the owners of Land.
Now presently, our HUF (consisting of my father and other 2 brothers of my father) is in the process of partition and negotiation process is going on for settlement.
The agricultural land referred above and all persons are living in the state of Karnataka and please note that my grand-father, father and my one uncle has expired.
Further, I would like to inform you that:
I come to know this fact only since from April-2018 when we started to divide the family and live separately.
We are not originally agriculturist before purchase of this agricultural land, but my father purchased this agricultural land by taking prior permission from DC and in DC permission it has been clearly mentioned that the permission has been given only to my father and not to my uncles.
My questions to the Experts are:
1) Whether Agricultural Land purchased by my father will be treated as HUF Property or Self acquired property in the hands of my father.
2) How ownership of land will be determined in the above case, whether it is on the basis of land records or on the basis of sale deed?
3) How my uncles will get the ownership/title when their name is not reflecting in the sale deed.
4) My uncles are non-agriculturist, can we make an addition of name of non-agriculturist to the agricultural land?
5) Can I argue before the authorities, that addition of my uncles name is illegal and unauthorized under the Karnataka Land Reforms Act?
6) Whether the name addition of my 2 uncle to the land records done by the Registering authority on the application of my father is it valid?
7) If partition is to be done, then how much share of land my father will get.
8) Is law of limitation will start form 1983 or from 2018
9) Is there any chance of success, if I challenge the addition of 2 uncles name in the land records, as they are not farmers at the time of adding their name to the land records, and finally
10) I need your best suggestion/advice/legal option to resolve the above dispute?
Thanks in advance
Anonymous
16 March 2020 at 20:04
My mother, then aged about 19 years, had purchased a residential property in Mysuru, Karnataka during 1954 from an original owner of the same, through a registered sale deed. The original owner was a private person who was allotted the property during 1940 by the then CITB (City Improvement Trust Board), now MUDA (Mysore Urban Development Authority). My mother has three children, two sons and a daughter. She gifted about one third of the property to the daughter through a registered Gift Deed during 2002 and the remaining portion to her two sons (self and brother) through two separate registered Gift Deeds during 2012. Now, myself, the eldest son, and my brother (second son of my mother) want to sell our respective portions of the property, gifted to us by our mother, to a single buyer (or two different buyers depending on who offers the highest price). I have a wife and one son working abroad and my brother has a wife and one daughter working at Bengaluru. Please advise, who all are required to sign the two sale deeds, under Law, one between the intending buyer and self and the second between the intending buyer and my brother.
Thanks and regards
S G Siddesh
Sid Sid Sid
15 March 2020 at 22:39
My father in law has got 2 children. His son, who has got his own family (staying with him); and my wife who stays in Bangalore with me. He and his wife are leading a retired life in Pune. The relationship between us is very homely and they keep visiting us every now and then. Whereas, their relationship with their son and his family is not all that smooth, despite they staying together in the same house. He owns an apartment in Pune where he lives right now. Every now and then he keeps talking about giving out his property to his son, probably he has got a grandson there, despite his not so comfortable relationship with his son and family. While we have never spoken to him on the property distribution, but want to understand, what does the law say about the property distribution for a son and daughter? Legally, can my wife claim her share in her father's property? If yes, what are the ways to claim if it the will has already been created for the son.
Please advise.
Anonymous
15 March 2020 at 17:02
Can a person own undivided share of land in a building without owning or in possession of a portion in the building.
Harshit
15 March 2020 at 16:33
Hi, We have been staying in a building that is made in 1978, and we done some renovation work in our house around 20 years back, wherein we converted our kitchen in bedroom. Due to some personal reason, someone has filed a complaint in the bmc, and we have received a notice under section 53(1) to restore it to original state.. The society however has no objection to the alterations.
Wanted to know,
1) If we can regularize, the flat as it is by taking permission from BMC.
2) is there any way out of this notice, other than restore the flat to original condition...
Thanks
Rohit Telang
15 March 2020 at 11:05
I purchased a flat in Hinjewadi,pune in a township project.The society was formed.In the agreement regarding parking the builder has written Exclusive car parking.After the allocation of the parking slots 180 members out of 800 were allocated tin shade parking in the compound of the society .Its an open parking with a fibre roof overhead with other sides open to rainwater and dust.Others got the stilt parking.The builder has refused to listen to the affected members.He has taken Rs.300,000/- as other charges which we believe are parking charges.We gave him options like constructing an RCC parking on Tin shade parking space or give us back Rs.300,000/- with interest.He refused.Do we have a strong legal case? If yes,how and where to file and the cost of it?
alok jamdar
14 March 2020 at 19:08
I read here that in 2012 the gujarat high court has passed a judgement allowing an agriculturist / farmer from any state in india to be able to buy agriculture land in gujarat. Can anyone please help me to get a copy of that judgement? regards
Anonymous
14 March 2020 at 14:10
sir,
whether my father has legal right on my grand mother's property
my grand mother died in 2002 and my mother died in 1983
my mother and her sisters are two daughters of my grand mother
my question is
1)whether my father has share in this property as property still in my grand mother's name-not yet partitioned
2)can w myself and my brother and my mother's sister who is alive can go for partion deed, pls advice
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Property tax
i had purchased a premises in March 2016 in mumbai which was commercial. i converted it to residential flat and accordingly it was changed in bmc's record and i started getting property tax on residential basis. now bmc has come down with differential liability on the basis of capital value for the period from 2015-2016 till date there are 2 queries:-
1. 4 flats are of same size as my flat all residential but capital value for all the flat differ. is it possible?(its 4 floor bldg. with lift)
2. while considering the property tax which is considered as 0.775% of capital value for residential units, the other flat owners are given a benefit of levying only 40% additional tax over there existing tax. but in my case since the unit was previously used for commercial purpose and the tax was more than what it is now for residential purpose the benefit of 40% additional tax over existing tax considering the unit as residential is not considered and given. I am levied rate at 0.775% of capital value directly.
Please do guide at the earliest