Debjit
19 January 2011 at 09:39
Dear Sir,
I am having a tenant at my ancestral property occupaying part of the property. They are staying at the address when there was no system of Lease Agreement. Eviction cast is going on since last 30 years. At this stage we require to get fair rent upto market rate so that we can get justified income from the property. Apart from this We require to put in place Leave and License terms and conditions so that the tenant behave with my aged parents in gentleman manner.
Can anybody advice me on this howto go ahead about this.
Debjit
19 January 2011 at 09:29
Dear Sir,
We have a Residential property at Kolkata. Two rooms of which was rented out long back when there was no system of rental agreement. Since then the tenant is staying for Rs. 75/- occupaying two rooms kichen. Four children of the tenant are now grown up and married but still date the family not vacated the premises. My father registered a suite 30 years back to evict the tenant. But due to the lengthy process the case is continuing till date and the tenant is enjoying the stay at our property. Two sons and two Son-in-laws of the tenant regularly abuses my father and mother.
I was in Indian Navy for 15 years, hence my parent are staying there lonely and they are not having any other support to fight back the abuses. The lawyer restricted me to shift at my house saying the eviction case will get weaker if I start staying there as the case is on the base of requirement of rooms.
Now my parents are of the age of 75 years and above. They require my support during their old age life and my father's last wish to get the tenant evicted at any cost as they have given a lot of trouble in my parent's life.
Can anybody of you please look into and advice what will be best way to get them eveicted at this stage.
Debjit Ghosh
09833604008
Krish
19 January 2011 at 09:25
Can someone please provide me a format for obtaining an NOC from the other legal heirs for the transfer of property.
Vikram Kumar
19 January 2011 at 01:46
Dear Sir/Madam,
I hereby request you to help me out in my case. This case (Partition Suit) has been filed by my uncle against my mother, my two younger brothers, and me. He has sent a notice of the partition suit, which states that he wants one-third partition of my every property (Five properties, 1. Market comprising of 7 shops, 2. Double storied residential house, 3. One storey market comprising of 3 shops, 4. A house with two rooms and a bathroom (this is occupied by my father’s sister). 5. Vacant land of 2400 sqft) which was bought by my father and there is nothing like ancestral property. Market of 7 shops and Double storied residential house in which we are living are on the name of my mother and we are paying all the taxes and electricity bills. The rest three are on my father’s name. My uncle was given two rooms in the market comprising of 7 shops and he is running a motor garage which also was opened by my father and given to uncle to earn for his living and flourish himself. But now result is that he is asking for share in the market saying that he used to give his earnings to his elder brother, i.e., my father as he was the eldest and kartadharta of the family. Whereas he owned his property with his earnings but sold some of them and one currently which I know is a land of 4000 sqft and is under title suit. Now that he could not save his property, he has taken this step to put me into problem. In past (2002), he had attacked on us at our house with his sons, sister, and younger brother that we had to call 100 for protection. On arrival of police, he was caught whereas his younger brother fled away. That time, he started crying and apologized for the mischievous deed to my father in front of the police, so we did not lodged any case against him. In recent days (14, December 2010), his son called me on my cell and started abusing me and threatened not to take rent from the market. Again, I sought the help of police then his younger brother started crying and apologizing and said he was drunk and will not do it again. So, we left this time also and in the meantime, i.e., on December 22, 2010 he filed a notice against me. The thing is that he knows of my father property and hence has mentioned each one in the notice. My father died in 2005, and I am the eldest son and my two younger brothers are still studying. I have consulted an advocate as I have received the notice sent by him and will be appearing on the date. My legal advisor is saying that he will appeal to make this case as non-maintainable and side by side will file an eviction suit to vacate my two shops acquired by my uncle. I want you to let me know whether this step will be successful and how much time is consumed in this process. I am the only earning member of my family and I have too many liabilities hence I am a bit afraid of indulging myself in this case but I have no option as I have to appear and reply to the notice. So, please let me know the reasonable ground to get free from this case as soon as possible, which I shall convey to my advocate. Genealogical table is as below,
My late grand grandfather had Four Sons
My grandfather had Three Sons and Three Daughters who died in 1992 and my grandmother died in 2006
Elder son (My father)
Second son (My uncle)
Youngest son (My uncle)
My father died at 56) leaving behind Three Sons and Three Daughters [Elder daughter (36, Married) Elder son (28, unmarried), Second daughter (26, married), third daughter (23, unmarried), second son (21, unmarried), and third son (20, unmarried)]
My second uncle (54 years)-------- Four Sons and Three Daughters [Elder daughter (34, married), Elder son died in 2002 at age of 23), Second daughter died in 2010 at age of 25), second son (23, unmarried), third son (21, unmarried), third daughter (20, married), and fourth son (18, unmarried).
Youngest uncle (40 years)-------- One son and one daughter both under 18.
Anonymous
19 January 2011 at 00:39
Hi,
How do u register the tenants name in the sub registrar's office as well as the land revenue office(property card)(Form D)? Its a thirty year old tenancy.
Clayton Mendonca
18 January 2011 at 23:49
Neighbour has constructed a Ground plus two building with ten flats in Mangalore, Karnataka. The width of the road (from the main road) to this building is only 8 feet.
1) My question:
What is the minimum width of road required to construct a Ground plus two building in Mangalore?
As per my knowledge, this building is unauthorised and cannot be regularised also as the minimum width of the road should be 6 metres (about 20 feet). But can somebody please confirm?
2)If this is so, can I file a complaint with the Mangalore City Corporation to have the building demolished?
Thanks in advance.
Clayton Mendonca. B. Tech. (Elect Engg.)
Anonymous
18 January 2011 at 20:41
My mother had a land property of worth 2 crores. She wrote a will that the property should belong to her 2 sons and 2 daughters equally. When her health was deteorated her sons threatened her to write a 2nd will that the property should be given to her 2 sons only , and took her to the registrar office and get it registered. Later she told all this to her daughters and asked them to do something. The daughters could get a signature of her on a paper and made an unregistered will stating that the property should be distributed equally among sons and daughters. She died later. Now the daughters disputed the issue and gave a lawyer notice saying that their will was the last one. The sons also gave reply notice. In this connection, what procedure has to be followed by the daughters to get justice?
Anonymous
18 January 2011 at 19:44
Dear Sirs,
If a lady gets a land property from her father, being the only daughter, is it becomes ancestial property? can her sons and daughters get equal share? or can she write the property to anybody she likes? If she writes to sons only, can her daughters claim their share? Is there any differance if she gets the property as a gift or through will from her father?
sagar Rao
18 January 2011 at 18:29
Dear Experts,
Please inform procedure for getting property in my name from joint property of mother & brothers in Hyderabad city.
We are having 400 square ward land and my mother and my self want to live together of 200 square yards and is it possible to get the share of land side by side i,e together.
what will be the expenses and time period takes in court of law.
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Inheretance of Parental Property
Dear Sir,
My father died. I have a brother & myself.
My brother had submitted false documents (like legal hire certificate ) in the bank & got the disputed amount from the bank.
Could u please advice me how will i get my share from it??
What r the section liable for getting it & what r the section shld be charged against him??
Awaiting for your reply.
Thanks & Regards,
Meenu