k.bala
10 January 2011 at 08:59
Dear Sir,
I have dout in the Partition Deed with two brother . In the village there is two brother one of the elder brother came to chennai after is finished is graduation and he settled in chennail after some time there father also died after few years the younger brother ask the elder brother to come to the village, he went and they both went to the sub-registered office and get the partitioner deed for the property and registerd and the younger brother told that this partition is all equal only and the elder brother belive the brother and came back to chennai after few month in the elder brother property was plot and they are selling and the elder brother went to village and asked his brother about the matter, he told every thing is finished and partition deed and registered you can't do anything with this matter you go out . In that partitioner deed the share for the elder brother is 25% and for the younger brother is 75%. This property is belong to there father name whether the grand son and grand daughter can file the case against the for unequal shares whether they will suceed or not and how to handle the matter and how can i file the case against the them
Anonymous
10 January 2011 at 02:56
Hi,
There is a tenant living in a tenanted property(house) for more than 50 years. The tenant is a old lady of 86 years. The original landlady does not have any legal heirs so she sold the premises with the tenant to a third party for a small amount.
The sale deed does not mention the living tenant in the premises. In fact the property is shown as free from lien n eccumberances and the new owner has the right to live in the premises from the date of registering the sale deed. The new owner could not vacate her from the premises.
The new owner after 10 years sold the house to another so called landlord, again for a small amount(peanut). Again no intimation was given to the tenant or the rent controller about the sale. Again the sale deed makes no mention of the tenant in the premises and contains false statements and misrepresentation of the facts and people. The sale deed says that the new owner has got absolute rights and powers to dispose of the property. And the so called landlord has been given absolute possession of the premises on the day of registering the sale deed.
1. Can the tenant challenge the sale deed with all these discrepancies? n prove that the previous landlord has entered into a fraudulent deal?
2. Since the tenant is paying the rents regularly, is there a provision wherein the tenant becomes the owner, so as to prevent these type of element from harrassing the old lady?
Your reply is awaited.
Anonymous
09 January 2011 at 23:53
I have a querry around the property which my father has transfered me through gift deed.
The said property was initially transfered from my grandfather ( Owner i.e. self purchased) to my father in the year 1999 27 sept through gift deed (since this is l&DO property which i believe cant be transfered through will as this was not free hold that time).
Later my father got that property freehold and Now this property has been transfered to me by another gift deed and this gift deed was executed on 5th march (i.e registered in court).
Later i came to know that on apr 23 2010 my father mortgage that property to a money lender ( by submitting old gift deed and mutation paper). That money lender has an agreement with my father to pay the loan amount.
I want to know.. if the property has already been transfered to me .. can that money lender claim the digree of that residential property and sale that.
Aahana
09 January 2011 at 21:47
We signed a 11 month contract with a tenant starting February 2007. Per the terms, agreement must be renewed every December and if not, it will be assumed tenant will continue for another 11 months, also a 10% increase every year per prevalent norms in the area. Our tenant has not renewed the contract explicitly since 2007 December. She also has been paying the same amount for the last four years. We let her continue on compassionate grounds. Now my sister has returned from abroad and wants to live in that house. As per contract we served a notice on 4th December asking to vacate by January 28th. She has replied back with a letter from her advocate asking time until December 2011 to vacate the house. My sister is single and has no place to stay in India. I contacted an advocate who replied that I should talk to the tenant again and ask her to vacate. There is no way I can get the house by January end - even though I have served notice in time. If I approach court, it will take may be 3 -4 years and tenant will not leave house for that time - it is worse than getting house in December. I am surprised that I as a law abiding citizen have no support from the law. What is the tenant says she will not vacate until 2050 and still continue to pay the same rent, because she knows that even if i go to court it may take 20 yrs to get the case solved. I badly need the tenant removed - can anyone help? Tenant has been using the first floor of the house also, though contract covers only the ground floor. She also broke some locked rooms, which were not supposed to be used by her. She has performed repairs and deducted from rent, without furnishing any receipts for the work. I am looking for some way to get immediate possession of the house so that my sister is not homeless. Can I file an FIR - will police help? Any help is highly highly appreciated.
Anonymous
09 January 2011 at 19:18
Hello Sir,
I am Sandeep from Andhra Pradesh , I have a problem i.e, this is my mother’s side problem
My maternal grandfather having seven children, they are five sons (one of the member is a judge (District Judge) and two daughters. My mother is one of though. My maternal grandfather has a forefathers property.
My maternal grandfather distributed that property to his sons only . Still he is live.
My mother is the 5th child of though, she married in 1975.
How can she claim her father’s property.
1). What is the process?
2). And one of my maternal uncle is a judge, How can we put a case on this judge?
I heard that if the judge put a case in the court or if we put a case on to the judge that judge should not give any judgments and shouldn’t go for his job. How we can take an action on him and tell me precautions.
Please help me sir,
Thanks,
Sandeep4sapbi@gmail.com
debjit majumder
09 January 2011 at 16:35
Dear Sir,
Pl let me know the actual rules(Building & apartment Law) regarding the garage space of the apartment.I do hereby attach my file for your ready reference.
Thanks.
Debjit Majumder
Can promoter the garage space and guard room other than the flat owner?
I purchased a New 2 Bed room flat (685 sq .ft, ) in the Garia area ,Kolkata -154,W.Bengal in Jan' 2010. Now there are 8 No. of owners (family) purchased and living in this 5 storied (Total area is more than 4 cottach) apartment . Each floor consists two flats . There is a garage space( 600 sq.ft. (Appx) in our ground floor. Now our promoter says he wants to sell the garage space to any outsider/otherwise we( all flat owners) may purchase the space . Actually, now a days ,Consumer Forum ‘JAGO GRAHAK JAGO’ ,is giving the information through the Newspapers, Electronic Media in this matter to the consumer very often .As per their Circular, it has come to our knowledge that the promoter can not sell the garage space either to any flat owner / to any outsider. This space will be treated as equal right to use by all of us.
Secondly, the promoter did not allotted the guard room as per the plan. He already converted the guard room to a shop and sold it to outsider .
Our question is that ,
1.Can he sale the garage space and the guard room in this way .
2. What is the rule .
3.If his proposal is illegal then how can we proceed to stop him.
Pl help us by your response.
Thanks.
Debjit Majumder and All the members of Association
Rajeswari Apartment, Garia, Kolkata ,West Bengal
Anonymous
09 January 2011 at 15:42
Can an agreement to sell be treated as Void and cancelled if the cheque issued against the agreement is stopped for payment but the possession of the property is already handed over to the buyer
Anonymous
09 January 2011 at 14:04
My query is beong sent as an attachment. I appreciate an expert opinion,with latest citations and SC judgements.
Anonymous
09 January 2011 at 09:34
Fraud by borrower. Borrowed obtained loan by giving fabricated documents, claiming 3rd party’s property as his own. Bank extended loan on default taken possession of 3rd party property. Auction fixed. Interim stay for auctioning a property was dismissed by DRT. But, the main case seeking to return the possession is pending. Subsequently Property auctioned.
1. What is the remedy available for the 3rd party now?
2. What are the powers of the DRT/DRAT to reverse the auction sale?
3. Whether writ is possible to set aside the auction sale?
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Land Acquisition and Taxation
Dear Sir,
My query relates to taxation rules on amount of money to be received by a petitioner in land acquisition case filed against state/central government. I would like to describe the case as below:
Original Case:
Government acquired our land in 1984 under mandatory law acquisition law and paid Rs X to the landlord ( to-be-petitioner)
Since the amount received was lower than the current market rate at that time, petitioner filed a case.
Around year 2008 Court gave the decision in a favor of petitioner.
over the period of 28 years the interest was calculated at Rs.Y per year at Simple Interest basis
Thus total amount (Z) can be calculated as Rs. X + (28 multiplied by Rs.Y)
The issue:
Petitioner was informed that the total amount (z)would attract 30% interest.
My Queries:
Since the interest is accrued over the 25 years period, one-time tax should not be applied to it, rather tax should be applied on the per year basis, is there any law regarding this? i.e year 1985 should attract 5%, 1986 should attract 6% and so on according to amount of money in that year..
I would like to know similar cases where Supreme court has passed such laws, can you help us find such reference judgement which can be used to support our case?
Please let me know if you or any of law expert can help us in this case? Can you please forward the following question to appropriate offcer/lawyer/expert,
thanks,
Anand