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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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mani singh   13 January 2011 at 10:06

Will my kids takes property right ?

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Sir,I was the only earning member from 1986-2000 in my family.father loss heavily in business in 1987-88.At that time,being a sincere family member, I arrange huge money apart from my salary & gave dad to avercome losses ,even after my marriage in 1991.In 2000 I owned my 1BHK flat & leave house with my family & 2 kids .Only due to my wife not mix up with my parents.After my removal my only younger brother stays in my father house.He is bank manager.Now parents have 03 rented portions .I have good relation with my parents.house in the name of mother.I want property due to financial crises & son higher education.What step I can do?whether I forcely possess any empty rented portion for future talk/negotiation.Because I do'nt think father give me my /kids right in easy manner.In bad time I was continue with my parents & help lot.Now it is bad time for me & my family.PL advise

Dr Prakash   12 January 2011 at 22:41

Sale Agreement

Dear Sir/ Madam,
Could you kindly send me atleast two formats of sale agreement of a property?Purchaser is giving advance and total amount of transaction need to be mentioned in the format.
Kindly do the needful
Looking forward your reply at the earliest as the purchaser is pressurising me
Thanks and Regards
Dr Prakash
Bangalore

Anonymous   12 January 2011 at 20:43

Succession through Registered Will

My aunt has lived with me for the last ten years and died at the age of 80 years. We are three brothers who are legal heirs of her property. Being satisfied with my services, my aunt has made a will in my favour, which is registered. According, to the wording of the will, I shall have to take care of her through out her life and after death I shall arrange for her funeral and last rituals as per hindu religion and would be entitled to all her moveable and immoveable properties after her death. I have done all the formalities alone. Her property has been under my supervision for the last ten years, but after her death my other two brothers are trying to take possession of 2/3rd of her immoveable property. Transfer proceedings are under process but succession has not yet been effected in my favour.

I want to know whether:

Should I allow them to take possession of 2/3rd of my aunt’s property on the plea that succession has not yet been effected in my favour?

Shall my parting with the possession of 2/3rd of my aunt’s property not prejudice my interest in the future or during the legal battle?

Can my brothers be refrained from taking possession of the property of my aunt, whom they have not served a bit in her old age, till finalization of the succession proceedings?

Anonymous   12 January 2011 at 20:27

House on parti land

My ancestral house is built up on a parti land in village, which is 40 years old. My cousin, having full knowledge of this fact, has purchased the said parti land from a person fraudulently (since parti land belongs to none).

He has started keeping his pet animals in front of my house (which is still in our possession), but we are facing difficulty in going into and out of our house.

Can we lodge complaint with police for criminal trespass and wrongful restraint?

Thanks in advance for the expert advice.

Anonymous   12 January 2011 at 13:42

Tenancy

Hi,
A house with a tenant has been sold to a third party for the second time.
The tenant is paying the rents by challans in the bank, in favour of the rent controller. In this case, is it not neccessary for the seller of this tenanted property to intimate the rent controller and the tenant about the intention to sell?
No legal notice was ever sent to either of the parties.
This is a 50 year old tenancy.

Thanking you in advance.

Anonymous   12 January 2011 at 11:45

tdr and fsi

i have a flat admeasuring 522 sqft built up + 320 sq ft open terrace. mine is apartment and builder has consumed entire fsi. Building is 12 years old. I want to construct a room in open terrace area. Can i get additional fsi against purchace of TDR in Nashik. Do i have to pay anything to the builder as in apartment deed it is mentioned that he has right over additional fsi What is prevailing rate of tdr in nashik

Anonymous   12 January 2011 at 09:53

Delay in Contempt Petition against BMC

Due to collusion of corrupt BMC officers of K-East Ward we were compelled to file a Contempt Petition in 209 in High Court when it failed to comply with High Court Order of 2008 in our Petition of 2008.

To our utter shock the matter is being delayed inspite of BMC having accepted the contempt. We suddenly find that the advocate appointed for the matter is not taking any action in the matter and appers to b hand in glove with BMC.

Pl. advise how to move ahead in the matter.

Anonymous   12 January 2011 at 09:47

Deemed Tenancy

We were employed with a business group and were given quaters in their buildings owned by the Public Charitable Trust and have been ocupying the alloted flats till now. The trust has sold the buildings to builders and we are being pressursed to vacat the premises for which monthly rent was deducted by the employer from our salary. We however were not given any receipt for the same.

Pl. advice if we can claim to be deemed tenants under Rent Control Act and if so procedure for the same. We are senior citizens and need your help.

Anonymous   12 January 2011 at 03:40

Not ready for mutation and renting the property for last 15 years

My Grandfather owned a corner plot and constructed two houses leaving space on all sides. The back portion was bequeath to my father and the front portion to my father’s elder sister. In his registered will, my grandfather did not mention anything about the two drive ways on either side of the two houses, the back portion (behind the back house)or the front lawn.

There was a clause in his will that “any other property or monies owned by me whatsoever and wheresoever, movable or immovable otherwise not disposed of by this will, belongs to my son ABCD”. (i.e. to my father).
Now we are not sure what this means. Does it mean that the driveways, lawn and back area which are not otherwise mentioned in the will belong to my father? Or does it belong to both my father and his sister (considering the fact that she will need access to her house which is in front).
There is another problem. After my grandfather’s death the whole property belonged to my grandmother who had no rights to dispose of. It has been more than 15 years since her demise and the property has not been mutated. My father’s sister has been renting out her portion ever since. Also, she has (a)constructed a wall (which is not authorised) on one drive way and put her water tank and a fountain so as to prevent us from building a gate and (b) locked one of our doors from outside, which leads to the second drive way. We have to park our car in the back portion which fortunately has a gate as it is a corner plot but then we have no front access.
The problem is, she is in no mood to mutate the property and continues to enjoy the rent . I want to know if there is a way to stop her from putting her portion on rent as the area outside the house could either belong to my father or be in joint ownership. And even if it is in joint ownership, is she allowed to” sub-let” it along with her house without taking permission from us. We have tried to bring her to negotiate amicably, but to no accord.

Kindly suggest what can be done to compel her to come to the negotiating table.Thank you.

Anonymous   11 January 2011 at 23:52

Revocation of a Gift deed to a Minor after attaining majority.

Respected Gentlemen,
I am a 22 year old women from Andhra Pradesh. My grand mother gave me a house by registered gift deed in 2004 when I was 16 years and 4 days(minor). In the Gift deed she mentioned that after her death the property goes to my mother, after my mother's dealth the property will come to me with full powers. But my mother has only right to enjoy the property in her life time.

And in Aug 2006, again she cancelled the deed with the help of my mother by threatening my mother that if she does't accept to cancel, she will not give it to her also. Hence, my mother and my grand mother has cancelled the gift deed in Aug 2006 when I was 18 years and 1 month old without informing me.

After cancelling the deed again she wrote a will(vilunama) saying that after her death the property goes to my mother. My mother will only enjoy the property in her life time. After my mother's dealth the property goes to my mother's sister i.e the second daughter of my grand mother.

Is this cancellation can be challenged in court now? My mother also supports me now. My grand mother is still alive now. Can I challenge the case now, or after the death of my grand mother?

Please give me your opinion for this case.