Anonymous
21 December 2010 at 17:04
We have a house in Tamil Nadu, where a tenant is staying there for last 15 years. No agreement drawn except for a lease agreement signed for 11-months that expired in 1992. Since then he has been staying there and paying rent properly.
House revenue records are in the joint name of me and my father (who expired recently). Land records carry the name of my grandfather.
Is there a risk of him continuing to stay in the property for such long period without any agreement?
Do we need to vacate him - is that the only way or we can enter into fresh lease agreement dated now to next 11/22/33 months?
He seem open to signing lease agreements, but requesting to stay back for some more time (till he is alive - since he has been tehre for many years now!)
Please advise.
Anonymous
21 December 2010 at 16:43
Dear Sirs,
We had a family settlement in 1992. All 4 sons of my grandfather and my grandmother agreed to sign a family settlement that involved (i) dividing the ancestoral house into 4 equal parts with each son having a piece of divided land; (ii) grand mother having gold jewels for her future survival; (iii) eldest son (i.e., my father) receiving a 2nd house and to be done as a Sale Deed for only Rs.5000, for certain family reasons.
This 1992 Family Settlement was unregistered and remains so even today. Also, the sale deed that gave additional house to the eldest son also remains an unregistered Sale Deed. However, using the unregistered settlement deed/sale deed, all sons have got municipal and other (water/electricity) documents changed in their name and paying taxes for last 18 years. However, land records continue to show my grandfather name in all records and remains unchanged.
Since this date, all 4 sons have moved on and built houses on their respective share and living harmoniously. My father (eldest amongst all as referred above) has expired recently.
My Query revolves around validity of family settlement above:
1. With two of the five signatories (grandmother and my father) expired now and 18 years since execution, is there a reason and is there a way to registered these deeds?
2. Without registered family settlement and sale deeds, can we effect change of title in the land records – for the divided 1/4th share of land for each sons of my grandfather?
3. Also, the house sold to my father under ‘unregistered sale deed’ by other brothers & grandmother?
4. If not, what is the way to transfer title from grandfather to his 4 sons now?
5. With eldest son (my father) expired recently, how can I change the title of land in my name?
6. If not done and continue current status, can I sell the house ever in future?
Please help advise on way forward. Thanks a lot in advance
Anonymous
21 December 2010 at 15:17
Dear Sirs,
Please clarify specifically in detail each query below.
(1)When the sale deed has been registered for a house property (in Chennai) and sale consideration has been paid in full,whether physical possession of house can be taken after three months,as the seller is not in a position to vacate the same immediately.
(ii) If the seller does not vacate after three months what is the remedy?
(ii)Whether any separate agreement or affidavit has to be executed with the seller for this and whether it needs to be registered separately?
jitendra kumar sinha
21 December 2010 at 13:35
Petitioner is not submitting documents of land purchase records even after order by judge in civil court.this way petitioners are trying to hide certain facts about land purchase which they claim to be one of the benificiary in the plot of land given as gift by my aunty. Aunty had given this plot of land as i was taking care for her well being till her death.
Therefore let me know whether it amounts to contempt of court or what action can be taken if petioner is not submitting the document asked by honourable judge for all the facts about land buying and sell.
Anonymous
21 December 2010 at 12:01
Dear sir,
My grandfather had given 50 years back one land to her daughter when she got married .Then her daughter and her husband build house on that land and they are staying over there,
But because of some family dispute my granfather want that land back.That land is still in the name of my grandfater but Electricity and water bill from last 50 years in the name of my grandfather daughter and husband name. and they are refuseing to give that land and they are telling my grandfater that they will file case against him if he will ask for that land.
could you pl tell me that whether my grandfater daughter and her husband has right on that land and house they build on the land.This land it is in village and there system run by grampanchyat.
if my grandfather file case againt them can my grandfather win the case agaist them.
regards
sushma
M.Srinivasareddy
20 December 2010 at 22:59
respected sir
my father married my mother after his 1st wife died he has a son for 1st wife and he gave adoption for near relatives the said son is major at the time of adaption after that my mother also died and recently my father also died now me only remaining my father wrote a will on my name saying that he give awayhis son for adaption and who ever taken him for adaption gave entire property of their own and what ever the properties remaining on my fathers name should belongs to me now my step brother is fighting with me for the property pls advise me what to do does he elgible for my property pls help
Anonymous
20 December 2010 at 20:56
Respected Seniors,
One Mr. 'X' borrowed some amount from Mr, 'Y' and registered a deed of Agreement to Sale cum GPA with regarding to his property to Mr. 'Y'. his property. In the said deed Mr. 'X' admitted that he received total consideration of the said property and given all rights with regarding to his propety (ie. Possession, interest, title) to Me. 'Y' in the year 2008. There in Mr.'X' admitted that Mr. 'Y' can execute sale deed on behalf Mr. 'X'. in the name of others.
After 2 years Mr. 'Y' executed a registered sale deed in his favour.
subsequent to the date of sale deed and with in 90 from the said sale deed Mr. 'X' filed a petition under Provincial Insolvency Act to set aside the sale deed which was executed by Mr.'Y' in his favour.
In the said petition Mr. X taken a defence that in the year 2008 while he was in intoxication Mr. 'Y' obtained some signatures in the emply stamp pepers and Mr. 'Y' played fraud on him.
In the above circumstances what are the remedies available to the Mr.'Y'.
Thanking You in advance.
KUMAR
20 December 2010 at 20:25
A society formed in 1987-88 was allotted land by MHADA on lease basis.
The Society allotted a flat to me, as founder member of the Society, in 1990.
An Allotment letter was issued to me, stating that I was allotted Flat No. .... on 2nd floor of building, having built up area of ..... sq feet.
Is Stamp Duty payable on the allotment letter?
Anonymous
20 December 2010 at 19:44
My father was having holding an ancestoral property. He sold out same in 1990. Where as for partion in said property being my ½ share filed a suit in year 2005 against the person who purchased propert,after death of my father. Is there any citation refer that partrion in property can be made after father death ?
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Tenent Staying for 18 years
We have a house in Tamil Nadu, where a tenant is staying there for last 18 years. No agreement drawn except for a lease agreement signed for 11-months that expired in 1992. Since then he has been staying there and paying rent properly.
House revenue records are in the joint name of me and my father (who expired recently). Land records carry the name of my grandfather.
Is there a risk of him continuing to stay in the property for such long period without any agreement?
Do we need to vacate him - is that the only way or we can enter into fresh lease agreement dated now to next 11/22/33 months?
He seem open to signing lease agreements, but requesting to stay back for some more time (till he is alive - since he has been tehre for many years now!)
Please advise.