Anonymous
04 December 2010 at 22:49
Dear Experts
My Father in law has 6 daughters (5th one being my wife) and they have land on daughters name but due to some reason they have sold some of the property and for the remaining property they have signed a sale agreement 12 years back at a rate which is far lesser(10 times) than current property value. And the buyer has paid some 60% of the agreed value at that point of time. And after that he has not comeback to pay the remaining amount. Now that the property value has gone up drastically he came to pay the remaining amount and insists on the registration of the property on his name. Now when we checked the agreement now we found that he has worded it in such a way that whenever he will pay the remaining amount he will pay with certain rate of interest to us. Now the matter is such that if we are to honor the sale agreement we should be accepting the 12 lacs of cash and tranferring the property worth 10 crores. Please suggest whether we have any point on our side to fight for justice. Infact he filed a case against us that we have not honored the sale agreement in last 12 years and we are not interested in the same etc etc.Please help
Fayaz
Anonymous
04 December 2010 at 22:35
My mother has acquired a Govt site in 1969, measuring 2400 sgft and She has two daughters and one son. she had made a registered gift deed for 1600 sqft of site to me in 2008 and rest she wants to give it to me she wants to make a will deed for another left over 800 sqft. as my father before death has informed my mother rest property should be given to me in his dairy.
My sister is claiming that daughters has more right than son as per law. please answer following questions.
a) Whether the registered gift deed can be disputed in court of law.
b) Whether my mother can give a will deed set aside my sister claim
Atul
04 December 2010 at 21:39
Dear Experts,
I need to purchase a flat from a builder in Delhi who got it from Owner through "Power of Attorney". Actually this property was with "Mother" of owner and she is no more. But before her death, she made a "Registered WILL in Registrar Office". Mutation of the property also has been done by owner in MCD for "Tax" payments.
I applied for a Loan in Axis bank but it got denied. Bank says because WILL is not executed in COURT so propery does not belong to Owner.
Owner (age 54 years) has two sisters both aged more than 55 years. One sister and her husband is also witness in this registered WILL.
Sir, Would you please suggest if there is a problem in this WILL considering transfer of property in name of Owner?
This WILL is 2.5 years old.
Big Thanks in advance..
Regards,
Atul
Anonymous
04 December 2010 at 19:16
"X" & "Y" are neighbours. "Y" having site 80 Square Yards witn in the jurisdiction of Muncipality. "Y" constructing a house within the limits of his site. without permission from the Muncipality.
My Queries are:
1. "X" told that you can construct your house and leave 1 feet area from "X" house
2. But "Y" not willing to leave 1 feet area and ready to construct his house without leaving space and ready to construct with attach wall of "X" house
3. Now "X" wanted to file a case for Injunction
4. As per Hyderabad Muncipal Corporation Act, how much space should be leave
I am waiting for your valuable suggestion, if there is any section please specify,
I am waiting for your replies
Jagruti
04 December 2010 at 17:52
We have bought a property under Thane District and its on me & my husbands name.
Which is also registered.
Now need to remove his name from the property with his wish offcourse, what is the procedure for the same, and how will this effect our home loan which is also in both of our names
I am the 1st owner of the property
Regard
Jagruti
Anonymous
04 December 2010 at 15:47
Can anybody tell me about the prerequisites and the formalities for filing a partition suit?
Anonymous
04 December 2010 at 13:36
Gentlemen / Madam,
Thanks All of you for your valuable advice.
The gist of your advice, as I understand, is as under :
Now that the Decree is obtained from the Court, Deed of Release is not required. Hence, NO Stamp Duty is payable and NO Document is to be Registered.
A decree obtained from court after filing Consent Terms and MOU - both between Mother and Son and Indemnity cum Declaration by both the daughters, do not warrant any further Agreement. The issue between all concerned is settled once and forever.
I now request you to kindly confirm if my understanding of your valuable advice to the following query is proper or not :
"Sir / Madam,
This is a case pertaining to HUF flat of my late father which was under litigation in City Civil Court, Mumbai, after his death between his wife [my mother] and son [myself]. There are 4 legal heirs of my father - my mother, myself and 2 married daughters. An amicable settlement was arrived at between my mother and myself wherein both the daughters had relinquished their share in favour of mother as a result of which the flay is to be divided betwee mother and son on more or less 50% basis.
A decree had been obtained from the court after filing Cosent Terms and MOU - both between Mother and Son and Indemnity cum Declaration by both the daughters.
My query relating to the above is:
- Is it necessary to register the Deed of Release which is yet to be prepared.
- Will registration amount be paid on the whole flat or on half flat and what is the maximum limit of registration fees.
- Will the Deed of Release have to be Stamped? Stamp duty had already been paid on the Agreement of Flat during the Amnesty scheme.
- How will the stamp duty be calculated. On the whole flat or on 50% of the flat.
- What type of document should be prepared so as to attract least duty but be fool-prrof - a Deed of Partition OR a Deed of Family Arrangement OR any other document that you may feel proper.
- any other point that may be relevant in connection to the above.
Thanks in advance.
Regards,
Anand"
Thanks once again for your valuable advice.
Regards,
Anand.
Anonymous
04 December 2010 at 12:01
Sir,
A Houseowner has filed a suit for recovery of his own commercial premises on the grounds of owner’s occupation to start his own business. He made all things to prove the bonafideness of his requirement. Beliving this the Hon’ble Court has ordered eviction and the house owner succeeded in evicting the tenant. He kept the place idle for 6 months and then showed is true colours again rented the place for a higher rent to other parties. All the documents produced by him for showing the genuineness of his requirement were prepared by expert or professionals with the help of knowledgeable lawyers (sorry to write this). On knowing this can the ex-tenant who was evicted from the premises approach the court and seek any legal action on the Petitioner who evicted him. What kind of kind the help the Court can do in this situation for the suffered tenant. Is this bending the law by a greedy houseowner.
Rupesh Gadekar
04 December 2010 at 10:55
what is the validity of transactions regarding immovable properties entered into by power of attorney holder which is notarised__because in my opinion as per sec 17 Registarion act, it must be registed ? if it is so what recourse to be had by person aggreived by such transactions?
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