Sanjay
29 November 2010 at 22:37
What is the percentage of consent required from members to carry out the work of re development in a society.
Is there any law? Is there any guide lines for doing this type of work?
Anonymous
29 November 2010 at 19:23
My wife aged 83 and I (aged 88) live in my self acquired flat in Chennai Our 3 grown up children live separately with their families having their own avocations. One of them is a girl living with her husband and child happily. and the other two are boys, the younger one settled with his wife and children in a well-to-do matter abroad. However the other son, eldest aged 62, has, since four decades, been keeping himself aloof and never cordial with not only us, but with all our friends and relatives including his own siblings. He has, practically cut off himself from us. But off and on whenever in trouble, he has been receiving financial and moral help from me, which as a dutiful parent I felt obliged to give him. The financial help has been considerable and was at times necessitated to rescue him from very serous situations in which he found himself.
He never cares about us and other members of the family nor exhibits any interest in whatever is happening in the family. His own life style has not been transparent to us but it did come to our knowledge that his marital life has not been smooth as he has been changing life partners a few times. These matrimonial deals had taken place without our knowledge or blessings. but only came to our notice whenever he was subsequently in legal trouble needing our help.
Now my query is with regard to the inheritance of my self earned moveable and unmovable assets. I have. by long service saving and investments acquired a flat, some equities, and valuable household items. and some money... M y second son and daughter have been very affectionate to us, and helpful with funds and comforts.
In view of the above situation, I wish only to bequeath my properties to my second son and daughter. but nothing to my first son, for reasons described above. Will it be proper for me to exclusively assign half share of my property each to my second son and daughter? I am very much apprehensive whether, my first son or, at a later stage any of his wife/wives and their children, biologically or adopted, could legally claim a share of my property. Our aim is to avoid future confusion and probable legal encounter after my demise. One relevant matter I must point out here is, a few months ago I had executed and registered a deed of settlement entitling ALL MY THREE children, each one third share of the flat. But for the reason that my first son’s attitude has never changed and there is nil improvement in his relationship, I got the settlement deed officially revoked by the same registrar’s office, as I have never divulged or parted with the Deed to my children. As stipulated therein my wife and I continue to stay life-long in the flat. So rightfully the flat ownership remains to be in my name. and can be dispos4d of at my will now.Kindly help me with expert legal advice on this to avoid any snag. Thanks.
sandip c
29 November 2010 at 17:47
Dear sir,
I would like to ask query regarding our flats.My father was owner of 3-flats which were alloted by builder in exchange of land he owns.He died intestate and no agreements for sale prepared.We are 3-legal heirs
which prepared affidavit giving full consent to mother and made agreemnts.Itis duly stamped and registered.After making agreements in the name of my mother we requested society to trasfer share certificate in her name.We also applied for heirship certicate in the court and also obtained it.Now society is denying share certi trasnfer in the name of my mother which we selected as a legal heir.The reason is agreements are prepared before obtaining heirship.In fact we gave full consent to our mother by signing affidavit and annexing it to agreements.So what can be done to that agreements which are stamped and registered.please help.
Anonymous
29 November 2010 at 15:08
Respected sir,
Roof of a 16 flat apartment has been damaged.
there is fund given by builder as maintainance purpose which he collected from
cost amount of every flat.now the damage to
be repaired from the fund or by the top floor
owners? pl.advice.
Regards.
Anonymous
29 November 2010 at 14:11
Hi Experts,
Sorry, let me be precise. If a person passes away, leaving behind 2 wives and children, so how the property will be divided as per Muslim Law and Indian Law? How much the first wife and her son will inherit and how much the first wife and her son will inherit?
Regards....
Anonymous
29 November 2010 at 12:53
We bought a property from a holder of a Power of Attorney (wife of owner). She had sold another property to another person under Power of Attorney and we have also bought that. (these purchases were made 2-3 years ago)
Now the Power of Attorney and her husband are threatening to file false cases if they are not given the properties back to them at the purchase price, as the prices have increased and we have re-developed the properties.
Would an action like this, claiming false POA, hold any water? Is there anything that can be done to pre-empt this?
Thanks
Anonymous
29 November 2010 at 12:48
Currently wife put up 498a & summons yet to be served
Bankground: The sole owner(Husband) of the flat was bought from a bank on home loan, & now on rent
1) Are there any provisions to court to direct the tenants to vacate based on wife's wish on 498a hearing?
Or
2) Are there are any rights to husband to rent/lease or lastly to sell?
Or
3) Do the owner has to take prior persmission from the local area court to rent/lease or lastly to sell, under 498a situation?
Appreciate if replied
Jawahar Rayar
29 November 2010 at 12:29
Dear experts,
My plot came through ancestral property is about to take over by real estate mafia.
My grandfather who was working in Meenakshi Mills Ltd and also a member of Meenakshi Mills Workers Cooperative Industrial Housing Society got a 2960 Sq. Ft. plot. This plot was registered to my grandfather’s name by the Sub-Registrar, who has the official authority to do so during the above said mills was bankrupted at 1970. Like my grandfather there are 71 members getting similar kind of plots on their names. The plots are well planned over 5.9 acres of land with 20 ft road grid. Most of the members sold their plot and some of them are still retained in their name. My mother got this plot as a gift from my grandfather at 1984.
There are 30 houses well build over these plots and the occupants are leading ‘peace full’ life. Recently, a gang threatened the people and tries to encroach the un-occupied plots. While the other occupants object the same, the gang raising the false PCR complaint over the occupants. One of the occupants is practicing as a lawyer after his retirement from government service is strongly opposing the gang. But the gang received Madurai branch of Chennai High Court order on their favor to possess the whole land and it is mainly because of political support. However the lawyer facing alone the gang in the court, I want to help him some way or other. Since I am under central government service I may not frequently visit the court. So how can I face this situation?
DC OSTWAL
29 November 2010 at 12:17
Ag.land of partnership firm was purchased by a pvt ltd co.. One of the partner of the firm was not interested to sale the firm'land. so when firm sold his property he signed on sale deed as a partner and he became a purchaser of 10% and the company of 90%of the property in one sale deed. Now the purchaser of 10% wants to join the company. What types of documents/deeds/agreements to be signed in favour of the co. so that the company can sell the property without active involvment of the 10% owner.
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Please guide---Precautions in buying HUF flat
Dear Exterts,
I want to purchase a flat which is owned by a HUF. HUF karta is going to sign in selling of this property everywhere. This is not a encestor property. Owner is a builder who created HUF for his name and sons. They have HUF account and PAN number as well. They file return normally.
I will be issueing cheque in name of HUF which WILL GO TO HUF ACCOUNT. So I want to know what are the necessary steps I should take in purchasing this property so that none of HUF member create problem in future.
Still do I need to take NOC from all HUF members (all sons and daughters of HUF karta). And If need to take NOC then does it need to be on stamp paper signed by all HUF members which should mention that they do not have any problem with this and have complete consent for this sale with HUF karta.
Please guide me..
Mant thanks in advance..