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RAADAKRISHNAN   27 January 2011 at 18:16

Minor Inam lands

My father have been granted ryotwari patta by settlement officer in 1972. He passed away during 2003. The temple trustees had filed a case against him and few others during 2000 and I am legal heir fighting the case. I fought and got favourable judgement at High court. Now they have filed WA in division bench. While the case is pending at High court they have filed civil suit in local district court praying that the land is theirs and they want me to vacate or pay rent. what is the remedy to win this case?

Anonymous   27 January 2011 at 17:57

TOP FLOOR RESIDENT RIGHTS IN DELHI

Madam/sir

I want to know about what is the current law regarding top floor residents rights in DDA Flats like :

1. She/He can use or avail terrace/roof rights fully as his own property.

2. she/He can construct another floor on top floor beside one DDA floor given by DDA or purchase by her/him.

3. Can be another flat holder of below top floor resident can use top floor roof for their use?

4. Can be top floor resident lock terrace/roof on top floor

Maseeh azam   27 January 2011 at 16:48

regestration of court decree

thanks to rao ji,praveen Agrawal and jaggrao ji, my banklawyer told me that the land which the court given me on the basis of hiba can be regestered as per land valuation(regestration of court decree) and after that your property will become equitable mortage and after no bank object.please guide me.

Anonymous   27 January 2011 at 14:14

Does mother & brothers have equal right on property of unmarried person?

Learned Experts are requested to kindly enlighten me on the following since I am booking a flat with my friend cum developer who has entered in to a Joint Venture Agreement with a family of 4 brothers at Kolkata. After the J.V. Agreement has been signed one brother, who was ummarried, expired intestate . Now the remaining 3 brothers have produced one gift deed signed by their mother in the names of all remaining three brothers by virtue of which they are claiming that the said three brothers now own the entire property including the portion of land of their expired brother. My questiion is
(1)In the above case, is the mother the sole klegal heir of an unmarried son in case of his death under Hindu Succession Act,1956?
(2) Should the mother now apply for & obtain "Letter of Administration" for owning the land of the dead son?
(3) Should all the brothers also apply for & obtain "Letter of Administration" for owning the land of the dead brother? or Deed of Gift from their mother is enough?
Thank you sirs in advance


Anonymous   27 January 2011 at 13:09

Laws for complete reconstruction of old society.

Dear Sir/Mam,

I have a flat in pune in a society which is 23yrs older (Society premises having four building with 3 floors in each building).

Many flats in the building are having water leakage problems and irreparable stage and causing chaos among society members.

Some members raised point that we can give the complete society for the reconstruction and get good benifits out of it such as getting more area for each existing flat owner etc.

My question is how legal is this and what are the laws to go for complete reconstruction of the existing society?

There are total 56 flats and 6 shops in the society premises. The shopkeeper are also of the opinion to go for complete reconstruction.

Looking for you kind suggestion and guidence.

Thanks and Regards,

Milind N Sawant.

Anonymous   27 January 2011 at 12:15

Selling for parking by the builder.

Dear Sir/Mam,

I need clearity on the law from high court which says "No builder can sell parking while selling flat he built".

Recently (1 yr back) I have purchased a flat in pune. The builder sold me the parking (four wheeler) when I purchased the flat from him. I have told him that selling parking is illegal and its society property only. Builder told me that parking can be sold in case its registered while flat registration and is valid. So I bought the parking at that time.

But some time back (not remember the exact date and month) I heard High Court decision that in any case builder cannot sell parking as its society property only.

I need your guidence on clearification on this law and in case if you feel that builder has sold me the parking illegally what can I do?

Thanks and Regards,

Milind.

Anonymous   27 January 2011 at 10:57

Termination of Agreement

We had entered into an agreement for the development of one of our property in Mumbai in November 2006 with a developer. However, as he was not in a position to develop the same due to some financial losses suffered we tried to terminate the agreement. In view of the same he had filled as suit in the city civil court to restrain the owner from terminating the agreement. However, after approximately 18 month he applied for a settlement to the court and the same was settled on a new consent terms and agreement. As per the new agreement he was supposed to execute the construction activity within 1 year of signing the agreement. Also he had to obtain the permissions from the municipal authorities and negotiate with the three existing tenants.

The period in the agreement was complete in July 2010.We had sent him a termination notice in December 2010.However,his lawyer has mentioned that “the agreement dated 27.07.2009 does not provide any provisions for cancellation/revocation of the agreement in the event of failure to perform the obligations arising out of the said agreement.”

What does the law mentions about terminating such agreement where the developer is incapable of proceeding with the construction activity and fail to keep up his promise as per the agreement signed.

Anonymous   27 January 2011 at 10:04

Gujarat tenant act

Dear experts


Can somebody send file gujarat tenancy and landlord act?

Thanks to all

Anonymous   27 January 2011 at 08:33

Books for Agreements, Deeds etc

Good Morning experts

Are there any goods books that provides drafts for Agreement for Sale, Sale Deed, Release Deed,Deed of Rectification,Mortgage Rent Agreement, Deed of indemnity,confirmation, etc.

Are there any websites that can provide drafts pertaining to above mention deeds agreements, etc

kindly please guide me

Anonymous   27 January 2011 at 00:34

Family Property Dispute

Dear All, I need guidlines on our family property dispute We have residential Property in Bangalore measuring 1300 sq ft. which is in the name of my grandpa. He expired in 2004. He has not written any Will on property for his sons. It should get distribute of 4 (four) sons.

following are my questions

1. can property transfer to all 4 sons together.?
2. One of my fathers brother (3rd brother) wants to Let out his house situated in the same property for Lease can he let out for Lease? Since property is not in his name.
3. Corporation Tax/Electricity/Water charges still paying in the name of Grandfather. Will there be any problem in future?

Requst you to help me in getting solving this long running dispute.