Anonymous
19 December 2010 at 07:49
An agricultural land standing in my wife's relation's name is unauthorisedly occupied by a person belonging to SC / ST community. He has occupied the same about 15 years back and due to severe personal problems, she could not access to that property and now intending to sell. But that person is not at all giving possession. Eventhough we may file a suit for possession, permanent injunction, it will take its own time. What is the alternate remedy? Please answer as early as possible. The matter is utmost urgent.
Thanking you
Anonymous
19 December 2010 at 06:17
Dear Sirs,
My late father and two other partners owned a Office Premises at Mumbai(Maharashtra) since 1975 as a tenant. Rent receipt has been issued in the name of Firm (consist of 3 partners) as per the records of the landlord. My father expired in 1986. Thereafter, the business has been carrying on by remaining 2 partners keeping the name of my father intact in the rent receipt. During 1996, the said firm has been dissolved and all the assets of the firm has been distributed amongst 3 partners and as per the understanding between all, the said office premises has been given to my late father. Hence, my late father becomes the sole owner(tenant) of the said office premises. However till now, the rent receipt has been issued in the name of the same firm (consist of 3 partners including my father) as none of my family members has made any efforts to get the name on rent receipt changed by presenting the documents to landlord. Sir, I want to know that as a married daughter and one of the heir of my late father, shall I have any right of share in the said office premises. If yes, how can I proceed further if my Bothers-Sisters-Mother does not co-operate me in the matter. I had a meeting with landlord and he expresses his view that he will act as per the Hindu Succession Act & Rent Control Act,whenever anybody approach him. We are 5 Brother-Sisters and Mother in our family. My father has not made any WILL
Requesting for your advise in the matter.
Thanking You.
Lady in Trouble
18 December 2010 at 23:44
My father bought a land in 1990 in AndhraPradesh along with his 2 brothers. NOw techinically thts on 3 brothers name and he didnt mention my mothers name as nominee.My father passed away in 1999. This property which was sold by "gramkantha" in AP. We Have duplicate copy of registered patta's with us and originals with dads brothers.
Now issue is
1. No nominee on that land papers because of which if my mother wants to sell off our part of land ,does she need to take signatures from other 2 brothers ??
2. My grandfathers name in registered patta is little different from whats mentioned on Legal heir certificate what my mother posses with her when dad passed away.
What necessary steps can be taken so that issues like name difference and signatures can be resolved.
3.Also if we want to sell do we all [me, mother and brother as family members required to sign while selling off??
4.Or is it the good idea to resolve all this issue just register our part of land onto monthers name??
Kindly help! We want to sell of our part of land. Immediate response will be highly appreciated.
--
Regards,
Rajyalakshmi
rajyalakshmibai@gmail.com
Bangalore
Anonymous
18 December 2010 at 12:19
Dear Sirs,
My late father and two other partners owns a Office Premises at Mumbai since 1975 as a tenant. Rent receipt has been issued in the name of Firm (consist of 3 partners) as per the records of the landlord. My father expired in 1986. Thereafter, the business has been carrying on by remaining 2 partners keeping the name of my father intact. During 1996, the said firm has been dissolved and all the assets of the firm has been distributed in to 3 part and as per the understanding between all, the said office premises has been given to my late father. Hence, my late father becomes the sole owner(tenant) of the office premises. However till now, the rent receipt has been issue in the name of the same firm (consist of 3 names including my father) as none of my family members has made any efforts to get the name on rent receipt changed by presenting the documents to landlord. Sir, I want to know that as a married daughter and one of the heir of my late father, shall I have any right of share in the said office premises. If yes, how can I proceed further if my Bothers-Sisters-Mother does not co-operate me in the matter. I had a meeting with landlord and he expresses his view that he will act as per the law whenever anybody approach him. We are 5 Brother-Sisters and Mother in our family. My father has not made any WILL. Requesting for your advise in the matter.
Thanking you.
Debashish
18 December 2010 at 12:11
Suppose I go for a partition suit but the other survivors do not want the property to be divided in that manner.Can they take any steps against me?
Mohammed Khaleelullah
17 December 2010 at 16:01
Dear experts,
My friend proposes to purchase an old house in a 700 Sq ft land in Chennai. The Joint owner of the house and five children i.e.legal heirs of another deceased co-owner seek three month's time to vacate the house, from the date of registration of sale deed.They do not possess Patta,chitta,Adangal,certified sketch or legal heir certificate.Only title deeds for 25 years are there.They are enjoying the property for the last 15 years.There is nil encumbrance as per the latest Encumbrance certificate.After 15 years from the date of purchase, they have now filed an affidavit with the Registrar regarding change in survey number on the basis of a document issued by the local Municipality.There is no patta indicating survey no.issued by the Revenue department.There is also doubt in the extant of the land for about 50 sq ft in the rear portion.They want immediate Registration of the house, as it will take time to obtain the above documents from the Revenue Department.My query is:-
1.Whether the house can be purchased without Patta,Chitta,Adangal and Sketch of the land duly certified by Revenue Revenue Department?
2. Whether these document can be obtained by the new owner, after the purchase of the property and whether it will lead to any problems in future?
3.Whether any specific provision for this has to be made in the Sale Deed for this?
4.Whether three month's time to vacate may be given,even after registering the sale deed and paying the sale consideration in full and without taking physical possession of the house?
5.If so whether whether any separate agreement or Affidavit has to be executed for this and whether it will lead to any litigation in future,if they do not vacate after three months (they want full sale consideration to be paid without withholding any amount for seeking three month's time)
6. Whether the change in survey no. after 15 years and without any authentication from Revenue Department will lead to any problem. However, the latest EC of Registration Department indicates both the old and the new Survey no.But there is no document from Revenue Department?
7.Whether sale consideration can be paid to a single person i.e.the co-owner,as demanded,and whether any formalities to be followed for doing so?
Kindly give your expert opinion/reply to the above queries.Thanks and well wishes in advance to all.
Anonymous
17 December 2010 at 12:51
1) TENANT CAN FORM & REGISTERED CO-OP HSG SOCIETY ? UNDER WHAT CIRCUMSTANCES TENANT CAN DO SO ?
2)HOW MAMY MEMBERS OR PERCENTAGE REQUIRED TO FORM SUCH TYPE OF SOCIETY ?
3) IF TENANT REFUSES TO JOIN THE ABOVE SAID SOCIETY, WHAT IS THEIR STATUS ?
4) SUB TENANT CAN FORM AND RGESITERED SUCH TYPE OF CO-OP HSG SOCIETY ?
5) IF TENANT CAN FORM AND REGISTERED THEMSELVES AS TENANT SOCIETY THEY CAN GO FOR REDVELOPMENT ?
Anonymous
17 December 2010 at 12:22
hi all,i am new to this so please help me out. i am a tenant for the past 4 years and running my clinic at a cabin in a showroom.i had a an agreement of 5 years lasting dec,2012 with the landlord,but landlord died one year back,his son now wants to vacate the premises and given me a notice of 15 days to vacate,failing which he will file a case against me,i m paying my rent 4400 through check regularly without fail,this month he refused to take cheque also,they sent me notice U/S 106 of T.P. act,my agreement is duly attested by notary but not registered,please tell me what should i do??
Manoj Choudhary
17 December 2010 at 06:04
A Father purchased some property by his some minor/major sons individually. After some time he died(without declairing will).
1 of his son does not have any property purchased by his father.
Can he claim for his part from the property of his elder brothers as the amount on purchase was given by the father?
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Property security and guarantor to Bank.
Sir,
My friend is getting loan from Bank Rs.1 crore. He is pledging his own property and also my friends property.
Now, He wants m as a guarantor to his loan, by giving my property also. It is worth of Rs.20lakhs. He is telling me that I am the guarantor toe to sign the Bank and my liability is limited to what I give the security to the Bank. It is true or not I donot know.
He wants me to sign the Memorandum also to this.
What I want to know that:
1. My liability is limited to my security or beyond that ?
2. Whether I am responsible for the whole amount what he borrowed?
3. What contents should I write in the Memorandum, to be secure from the whole liability of him.
Please guide and give the true advice.
Thanks and regards,