Anonymous
31 January 2011 at 17:34
one of my client had died and he had written a will in favour of his wife bequeathing his immovable property which is unregistered. is the deceased wife is enabled to sell or gift the same and register in her legal heirs favour. if so what is the procedure to be followed.
Anonymous
31 January 2011 at 17:32
my query is , father and mother having 2 sons and 3 daughters. during lifetime of parents 3 daughters marriage took place. thereafter 2 daughters died. oral partition taken place between 2 sons and they had constructed their respective portions with their own money and they are living in their respective portions. both father and mother died. the link documents are with 2nd son. eldest son is having 4 sons and younger son is having two sons. recently they agreed to reduce in to writing and paid stamp duty. but the younger son didnot attended for registartion. after that the eldest son died recently. what are the legal remedies available to the legal heirs or family members of the eldest son.
sagar Rao
31 January 2011 at 16:46
Dear Experts,
For filing suit for partition of the house in the court of law is it advisable to file in lok adalat or civil court, please inform and which one will get faster judgement.I am resident of Hyderabad city.
sandip c
31 January 2011 at 15:34
I would like to ask query regarding our flats.My father was owner of 3-flats which were alloted by builder in exchange of land he owns.He died intestate and no agreements for sale prepared.My mother applied for membership in the society by submitiing affedvit and i-bond but sociey insisted on heirship.We all legal heirs reaquested builder to sell one flat as development rights and poa given to builder at the time of construction.So builder sold one flat to one lady by preparing Triparty agreement.Builder was a seller,lady was a purchaser and my mother acted as confiriming party.In this agreement we all legal heirs filed affedvit.Now my problem is society is confused to whom share certificate to be trasfered in my mothers name or purchaser lady.please advise us.In between we obtained heirship from court in my mothers name.
thanks,regards
siva kumar
31 January 2011 at 14:04
Dear Members
Pl can anyone clarify my doubt as mentioned in the illustration hereunder
Eg: X booked a flat with Y and paid a part of consideration and entered in to an agreement for sale (registered or unregistered)with a cluse that Y should register the sale deed in the name of X or in the name of any person nominated by X. Now X nominates Z (not within blood relation) and informs Y to register the sale deed in the name of Z. Can Y register the sale deed in the name of Z after collecting the balence sale consideration from Z.
If so the registration charges paid at the time of executing Agreement for sale is adjustable at the time of registering sale deed in the name of Z or any stamp duty attracts.
Anonymous
31 January 2011 at 13:10
Hello Sirs,
My name is Babu.
We purchased a property in the year 2003 15x54 feet in Bangalore under registered sale deed from the vendor. While we purchasing the property the owner had requested us to permit her sister to live in a small portion of 10x10 feet room for 1 year because she is poor.
We permitted her to stay in that room with out any written agreement becuase she born and broutup in the same house. she accepted to vacate the permises when we require.
Now we are prepared to built a house in the schedule premises. She had gone to the police station
and given a complaint against us that she is the owner of the premises under a GPA from the vendor
she also filled a case in the civil court and obtained temporary injunction against us.
Through detailed study of the matter we came to know the following facts:
The mother deed of the property belongs to one Mrs. Bibijan site measuing 30x54 feet
in the the year 1976 she sold the half of the portion is 15x54 feet to one Mr. Eshwar Rao
remaining portion of 15x54 is sold after 4 months to one Mr. Subramaniam.
Mr. Eshwar took the posession of the property and built house in the said premises without any
dispute.
The other portion owner of Mr. Subramaniam had not taken the posession of the premises nor changed the Katha in the municipal records he does't have any thing in his name like KATHA Certificate,
Water, Electricty Connection even Voter ID.
He died in the year 1999 now his son Mr. Venkatesh got the rights of the property but unfortunately he is also not obtained anything in his name and not taken pocession of the premises.
In this situation Smt. Bibijan (the mother deed holder) gifted the property to her Daughter-in-law Smt. Moti Begum under registered gift deed.
In 2003 Mrs. Moti Begaum (Giftdeed Holder) had sold the property to us by vitue of registered sale deed.
Now the issue is Mrs. M. Begaum ( Now living in one room) had showing the fake documents stating that
she had purchased the property from Mr.Venkatesh under a GPA and sale consideration in the year 1998
but the documents had not been registered since 1998 to till date and she has not changed the municipal records in her name meanwhile the original owner of Mr. Venkatesh had submitted a memo to the court that he had not given any GPA to Mrs. M. Begaum.
After this she putted a specific performace case against Mr. venkatesh the case is under process.
Mr. Venkatesh is not against us and he had not complained to any one like police,municipality,court etc.
Please let me know how can we get the property We are still in the same premises exept one room.
Anonymous
31 January 2011 at 12:48
Thanx in advance to all expert..
X (mother) purchased flat, in Pune, through her Attorney, her eldest son, Z, with co-purchaser Y (x’s younger son) in Pune. Total consideration of said Flat is Rs. 10,00,000/-. Out of which X paid Rs. 7,00,000/- and Y paid Rs. 3,00,000/-. Now, X with the consent of Z wants to transferr her all share in favour of Y or his wife P. Which document technically appropriate for transfer of X share – Deed of Transfer or Gift Deed or any other ?? Society or Apartment is yet not formed.
I shall be very grateful for your reply.
ajithkumar.t
31 January 2011 at 12:43
sir
Based on an incorrect Will school is functioning in tamilnadu.it has got 8 management members.Against a member who is a correspondent of the school there is a case pending in the court regarding his power as a correspondent based on the incorrect WILL.
now the school is going to be sold.
What are all the points to be looked into for effecting the sale.
If it is sold is there any problems to the other members in future.
Anyway all the eight members join together to sell the school.
Some parties tell that the school is sold only based on the incorrect WILL.
Original WILL says all the eight parties have equal shares in case of sale.
The incorrect will says nothing about sale and simply says all other terms are as same as in the original will.
Is there any problem for the members to sell it if all are agreed for the same.
Any issues legally in future for the above.
please give answers.
Anonymous
31 January 2011 at 09:24
I am resident of Fort area on Pugree basis since last 55 years. Now I want to to sell my tenency rights . Can I do , If so please let me know under whilch law and provision. How much I must pay to land lord. Can I know the present sq.ft.rate in Fort area for the above pproperyt.
Thnak you in advance.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Co-operative Society-Rights of Member over occupant
In a registered co-partnership cooperative housing society in Mumbai, a member Ms. Z has 2 tenements in her name. They were initially in her father’s name, then her mother’s name and finally in her name. She is a single woman, now a senior citizen (70 years). According to her, when she was 29, her brother and his 2 sons (AZ and BZ) who were staying with her, started treating her badly, causing her to vacate the property and move in with her sister in the suburbs. The monthly rent was paid to the society by her relatives occupying her house. The current occupants AZ and BZ have not paid anything to Ms. Z, nor have they taken care of her, nor have they permitted her to stay in her own property.
Now, the society is thinking of going in for redevelopment. The managing committee of the society has been trying to help the 2 nephews in establishing a case by accepting correspondence from them, allowing them to renovate the tenements, issuing domicile certificates to them and allotting a member parking space to them at subsidized member rates, adding the parking charges in Ms. Z’s bill, without her authorization for any of this.
I have 3 main questions:
Do the occupants have a strong case or will Ms. Z be able to evict them or at least be compensated by them?
What is the position of Ms. Z in the case of future redevelopment and will the builder recognize her or the occupants?
Is there any way Ms. Z can remedy the situation at this point? Would it help her case if she directed the society to stop accepting the rent from the occupants?