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SUDHA MAKOL   26 November 2010 at 19:41

Criminal case against forged papers & property illegal possession

I had purchased my DDA flat B-4/123C (top floor) on 30 June 2008. There was a tenant in the extended structure (at roof top). I was told (verbally only) that the tenant had taken court stay and hence I will not get the possession of the extended portion. In march 2009, the tenant sold the extended portion to Rita Kumari. Rita Kumari resold the extended portion to Sudha Sachdeva on 25th Sep. 2009. On 29th June 2010 Sudha Sachdeva produced Agreement to Sell and Purchase for property 123-D before NDPL as ownership proof and got an electricity connection but was denied Water connection by Delhi Jal Board(as they have records of DDA flats in our area). I have come to know that the Tenant was lying and there was no such valid rent agreement with any of the previous property owners. The tenant was in illegal possession of the extended structure. My RTI application with DDA confirmed that no flat 123-D exists nor DDA approved of any construction on my roof ever. RTI with Subregistrar confirms registration of Agreement to sale and purchase for 123-D irrespective of whether the property exists or not. NDPL is not removing the meter saying their formalities were duly completed and this is a case of criminal nature and is beyond their jurisdiction. I have been advised to file a criminal case against Sudha SAchdeva. At the moment, Sudha Sachdeva has possession of my flat’s rooftop extended structure. I want my property extended portion evacuated. Under what sections can I charge Sudha Sachdeva? Do I need to file a police complaint or FIR or shall I file a complaint in the court directly? What is the procedure for the same? How long will such a case or complaint take? Can I withdraw the case later if there is some out of court settlement? Do I need a lawyer or I can file the complaint myself? Its really urgent..

Anonymous   26 November 2010 at 18:27

Eviction of Tenant

Please Advise.

If landlord is in requirement of his shop back from the tenant's possession. agreement has been excuted 20 years back on a monthly rental basis without any time limit.

Pl. reply what are the provisions under law to get back the possession of shop.as the landlord is having a bonafide requirement.

Aman   26 November 2010 at 16:44

Reg sale of flat

Dear Sir

I purchased a flat in aug '07 for Rs. 28.5 lacs and i want to sell it now. I have 2 questions viz:

1. What is teh maximum i can accept as white for teh flat for which i need not pay any tax?

2. Is it that i have to buy a flat worth the total amount to save tax or just the profit amount can be reinvested in property to save tax?

thanx and regards
Aman

rajesh makol   26 November 2010 at 13:18

how to file a criminal/civil suit for property

I had purchased my DDA flat B-4/123C (top floor) on 30 June 2008. There was a tenant in the extended structure (at roof top). I was told (verbally only) that the tenant had taken court stay and hence I will not get the possession of the extended portion. In march 2009, the tenant sold the extended portion to Rita Kumari. Rita Kumari resold the extended portion to Sudha Sachdeva on 25th Sep. 2009. On 29th June 2010 Sudha Sachdeva produced Agreement to Sell and Purchase for property 123-D before NDPL as ownership proof and got an electricity connection but was denied Water connection by Delhi Jal Board(as they have records of DDA flats in our area). I have come to know that the Tenant was lying and there was no such valid rent agreement with any of the previous property owners. The tenant was in illegal possession of the extended structure. My RTI application with DDA confirmed that no flat 123-D exists nor DDA approved of any construction on my roof ever. RTI with Subregistrar confirms registration of Agreement to sale and purchase for 123-D irrespective of whether the property exists or not. NDPL is not removing the meter saying their formalities were duly completed and this is a case of criminal nature and is beyond their jurisdiction. I have been advised to file a criminal case against Sudha SAchdeva. At the moment, Sudha Sachdeva has possession of my flat’s rooftop extended structure. I want my property extended portion evacuated. Under what sections can I charge Sudha Sachdeva? Do I need to file a police complaint or FIR or shall I file a complaint in the court directly? What is the procedure for the same? How long will such a case or complaint take? Can I withdraw the case later if there is some out of court settlement? Do I need a lawyer or I can file the complaint myself? Its really urgent.. Please help.

sangamesh sagarmath   26 November 2010 at 12:46

period of sale agreement

how much time meximum period mentioned in sale agreement as per act

Amit   26 November 2010 at 11:22

Co-operative society ownership/inheritance

My mother was sole owner of a flat which is in a co-operative housing society and registered as per West Bengal Co-operative Societies Act 1983. We are 2 brothers, father deceased. I lived with mother and took care of her, brother lived outside and did not take care of her. She nominated me in the co-operative housing society and also bequeath the flat solely to me as per her will (citing reasons that I took care of her, I am in need, etc.). After her death, I applied to co-operative society and as per my nomination I have been made a member of the co-operative. Share certificate of the flat has been issued in my name. Will has been registered but not probated as yet.

My queries to respected members:

1) By becoming a member of the co-operative society, am I the sole owner of the flat? Is will irrelevant?
2) Do I still need to probate the will to become the sole owner of the flat?
3) Can the will be challenged? How to defend?
4) If my brother forcibly comes to stay in the said flat (being the son) and I do not want him to, what should I do?

Anonymous   26 November 2010 at 10:31

Seller not accepting full final payment via home loan

Hi,

I am purchasing a flat in mumbai for which the sale agreement is executed, registered and stamp duty paid. I have completed all the payments except for the home loan which is the full and final payment. The last date for completion of the agreement is on 30th nov 2010. My bankers has made ready the final disbursement to be issued to the seller. I have sent a SMS to the seller intimating them of the payment availability, but still they are not coming to the bank and taking the payment since they are in possession of the original chain of documents which needs to be deposited with the bank. The deadline in the agreement is near to expire. I am worried that the seller has got greedy and is looking cancel the deal and sell the flat at a higher rate. Please help!

rajesh makol   26 November 2010 at 00:36

Status of Agreement to sell and purchase as ownership proof

Can a registered an agreement to sell and purchase be treated as ownership proof of a property? In case the property does not exist and the same has been verified by DDA (i.e. the flat for which agreement was entered into does not exist), can the papers still be treated as ownership proof? Mrs. Sudha SAchdeva has taken an electricity connection from NDPL on the basis of such papers as ownership proof from NDPL. Can I challenge those papers with NDPL. DDA says flat does not exist. Sub registrar says they only follow the procedure laid down in Registration Act 1908 and are not concerned with existence of property. I have proofs from both DDA and Sub Registrar in writing. Can they be used in any means to prove that the papers submitted by Sudha Sachdeva with NDPL are fraud?

Anonymous   25 November 2010 at 12:30

matrimonial property


what is matrimonial property?

how it's divison is to be done in the cases of divorce and does streedhan constitutes matrimonial property

Anonymous   25 November 2010 at 12:12

transfer deed to one instead of two

Hi,
Deed is in the name of me n my wife...now i want to give all right to the property in my wife name in my absence.

what is the process?

Rajesh