Anonymous
02 December 2010 at 17:52
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
Anonymous
02 December 2010 at 17:24
Market value paid. An agreement of sale cum irrevocable gpa was obtained.Buyer signed in the agreement of sale to represent the seller in all legal matters.The agreement of sale also has indemnity clause.
The said property has gone into litigation.The person who paid the market value and got a gpa is unable to use or sell the property
Now the person who has the GPA is threatening to take criminal action against the seller. after all he is a gpa holder. can he take criminal action against the person who gave the gpa.
Anonymous
02 December 2010 at 16:38
I have given my flat on rent in Gurgaon from 15th May'10. The tanent gave me two months rent as advance in cash. He did not ask for any receipt. For 15 days in May he paid the brokerage on my behalf to dealer. For June'10 he paid the rent late to me in cash so I asked him for post dated cheques. He gave me 11 post dated cheques. The cheque for July got bounced and he gave me cash on informing him. In Aug he told me not to deposit the cheque and he will give me cash along with the rent of sept. as he is out of job for the time being. In Sept he told me that he will vacate the house and adjusted the rent against two months advance. In the meantime in Sept I left India to meet my son in Singapore. I am still in Singapore. He did not vacate the house and gave the rent for Oct on 22nd or 23rd Oct to my daughter living nearby my flat. All his post dated cheques are with me. Neither he is vacating the house nor he is paying the rent as I am out of India. I will be back on 10th of Dec and want to know what action should I take. Should I get his cheques bounced and send notice for vacation on grounds of non payment of rent and also file a case for bouncing of cheques. Kindly advice.
Anonymous
02 December 2010 at 14:27
I purchse a office in commercial complex at Gujarat. Sale deed made between land owners, Developer (Partnership firm) Both are called Vendor in sale deed and Purchaser. The land owner name In revenue record and land owners are also partner in partnership firm now i puuchase a office in this complex. My Question is
(1) I Enter my name in revenue record?
(2) In partnership firm land owners and others are partner and make a partnership firm and in partnership document mention that the land owners give a land for developed commercial scheme and partnership firm developed the scheme / do construction work on the land. It's necessary the name of Partnership firm name enter in revenue records?
Anonymous
02 December 2010 at 07:58
sir, Please tell me if x has inherited property from his mother y by means of settlement deed has mortgaged the same in favour of z, subsequently by means of reconveyance deed the title has been reconveyed in favour of x. My question can x deny property rights to his legal heirs claiming it to be his self earned property?
YOUR ANSWERS MAY ALSO BE SENT TO ONLINE CLIENT
FirstLastName = basavaraj m
Email = basavarajm10@yahoo.co.in
Anonymous
02 December 2010 at 07:52
mygrand father donated about 5.5 acres to a devastanam during 1921-22 and 1922-23. According to the gift deed during the annual kalyana ustavam of the diety the authorities should perform Rathotsavam in the name of donor on permenant places forever. It seems they discontinued it from 1992. As a hier I tried to seak the factual position since May 2003. But no response donors list is also not place in their Website please advise what we should do?
YOU CAN ALSO POST YOUR EXPERT ANSWERS TO MY ONLINE CLIENT
kaushik.vaddadi@gmail.com,
kau_sv@yahoo.co.in
Anonymous
02 December 2010 at 07:42
Dear Sir,
My grand father was renting the land in 1945 and rent receipt available with us. My father built a house initially and running a shop and at the same time back side of our house about 90 cents land my father developed and was cultivating paddy, coconut, banana plant, Mango, Cashew trees and pepper.
My father before his marriage he allowed his sister and her husband to live in our house when they got married. They both were teachers in a primary school nearby. Without my fathers knowledge, the cunning sister and brother-in law purchase the entire land from the land owner in 1952 and constructed their own house to our adjuscent plot. When my father came to know about his purchase of land, he said the land which my father was enjoying to him only and its free to my father but for several instance my father requested him to transfer the land to his name he was giving various reasons like he has loan on the property. At later the year 1982, my fathers brother in law served a lawyer notice to my father that my father is holding 30 cents land as licensee and if interested to purchase then my father has to pay Rs 150/- per cent. My father replied thru a lawyer that my brother in law stated in his notice is FALSE. Later, 3 local member called for a meeting without my fathers consent and come to a conclusion that he will acquire balance land leaving 47 cents land along with the house. As agreed by local member committee, he put the FENCE leaving 47 cents to my father.
But months, year passed, my father requested thru the committee member to resolve the matter but failed to leagalise the matter. My fathers brother-in law had attack of PARALYSIS and died and subsequently other 2 members died. Now only 1 member is alive. My fathers sister is alive and we came to know that she has completed the WILL to her children. My father so innocent, refused to submit DECLARATION during Land REFORM ACT.
We are 7 children 3 Brothers and 4 sisters married and settled now. My father and mother they live in the disputed land. Now I am planing to come and settle with them for my retired life and to look after them becoz my father is now 80 yrs. old and mother is 72. I wanted to build a terrace house since the existing house is infected from termite.
Please advise us how to go legally and get solved the land dispute.
Thanking you,
Walter
MAY ALSO CONTACT THIS CLIENT AT
waltergoveas@yahoo.com
praveen
02 December 2010 at 01:57
i was a minor when my father expired. I am the only legal heir for my father. my aunt(father’s sister) has my father’s settlement document for a land in Chennai .she also has its patta which is on my name. now she refuses that she doesnot have any of it. a building has been built on this land through joint venture by a promoter when I was a minor.he retained 55% of U.D.S and has sold his portion of building. The promoter has given me a deed of agreement for 45% U.D.S comprising of 2flats as my share.
Now I have planned to sell those 2 flats but I have only the following:-
1) Xerox copy of my fathers original settlement document . Now i have a true copy xerox of my fathers settlement document issued by saidapet sub-registrar with the seal of S.R.O on the last page.
2)Xerox copy of patta(manual hand written) on my name. Now I have attested real duplicate computer patta on my name sealed.
3)original builders agreement on my name
4)clear E.C record for 12 yrs on my name
5)original legal heir certificate of my father
6)Xerox copy of approved building plan.
I begged my aunt to give me my father’s settlement document and my patta but she is adamant and doesn’t have the heart to give it back to me.
My fears are :-
1)if I file a F.I.R then the buyer may bargain the price or think of avoiding complications.
2) The interested buyers lawyer say that the true copy xerox that i have cannot substitute the original settlement document as the original can be misused by the person who has it.As a result he doesn’t want his client to take the risk.
I desperately need money urgently . what is the best way to sell the 2 flats?
pls guide me the best way step by step.
nataraj
02 December 2010 at 00:56
Sir,
1. My great grand mother purchased [self aquired] PROPERTY in her name in bangalore city and GOT transferred to my grandfather's name after her death as per HINDU SUCCESSION [Intestate].
2. Now MY grand father also died in 1970 without making any WILL [intestate].
3. It got transferred My grand mother [intestate] she also died last year.
4. Grand father had 3 sons & 4 daughters, and all alive still.
5. 2nd son that is my father is also alive still.
6. I'am Natarajk [33yrs age] grandson living in my grandfathers property [i.e. above described property] at present, but no other son or daughter or grandson or granddaughter are staying with me.
7. Now im also married, i want to know what rights i have in my grandfathers property, and can i ask my share in the grandfather's property which came to him by my great grand mother. [still my father and there brother & sisters not divided above mentioned property].
8. Please help me out in this regard clearly.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Please help me
Dear Sir /Madam,
To begin with the situation, I am the only son of my parents with three sisters among which two of them are elder to me.My eldest sister got married 13 years back and since when all the episode started.Throughout these 13 years of marriage my Brother in law and my elder sister had been constantly pressurizing my parents to sign some papers which suggests to have part in the small property of my father that he had been able to build up throughout his lifetime.Now since i am working in Mumbai for a firm and is staying far away from my parents (staying in Assam),their level of pressure has gone up to even man handling of my growing old parents and my younger sister who stays with my parents causing a terrorizing situation for them.Keeping in view the tortures that they had been doing with my parents,my Father had decided not to share any sort of property with them.However,as far as my knowledge is concerned i think all the children have equal rights on there fathers property and i do not have a problem with that.But looking at the hardships that these people had brought to my old parents and my younger sister i too is not in favour of giving out anything.So my question is,is there any way to stop this from happening and guard my fathers decision.
Sir/Madam,
please help me in knowing the steps or the approach that neeed to be taken in this scenario.
Appreciate your help
Kushal