Anonymous
17 November 2010 at 13:20
If A purchase flat in scheme and subsequently he executed asssignment deed in faovur of his brother father and mother and they executed and registered the same but they are forgot to incorporate the name of his mother
-Can they exeduted correction deed and put her name in agreement ?
-Any other way to put her name into that agreeement?
Anonymous
17 November 2010 at 13:16
a property was on my mother's name now she has died my father want sell it without giving any share to me and my brother iam younger sister can i can get my property share through law by taking any action
Sanjay Ghatak
17 November 2010 at 11:14
Learned Lawyer friends,
A piece of land is owned by father. He has got 3 sisters and 1 son. Father has already started building the house and his fund has exhausted with an understanding that the rest of the house shall be completed by his son. The son went to bank for a housing building loan but bank says he is not eligible for the bank loan as the land is not in his own name. What is the solution ?
S. Ghatak, Ranchi
Anonymous
17 November 2010 at 08:27
Dear sir,
My father was holding a flat in a co-operative society. After his expiry in 1994, the society transferred the same in my name as I was the only legal heir. My mother had already expired in 1990. After some time in 2000-01, a will of my father was found in which the flat had to go to a private trust and accordingly application for probate was made and obtained from Mumbai high court in 2005 and the society was also intimated about the same. The society refused to transfer the same in the name of the trust and had asked me to get order from the Deputy registrar's office. I had then made an application to the Dy. registrar's office. Based on the Hon. high court's order and the will, the Dy. Registrar passed an order that the flat be transferred in the name of the trust in Oct 2009. The Society has still not transferred the same in trust's name and are harrassing me under some pretext or the other. Is there some way out to get rid of this harrassment?. I am unable to bear the unnecessary fees if advised to go legal.
Anonymous
17 November 2010 at 08:25
In road cutting, a Co-operative society was supposed to get FSI from BMC which it sold to a member of the society without obtaining a title. It entered into an agreement with the member for sale of FSI for 29 lacs without getting the title in its name. The Money was paid by the member by account payee cheque was not reflected in books of accounts. The member complained about the matter before the registrar. The enquiry u/s 83 and 88 of the MCS Act 1960 were conducted in 2009 and the enquiry officer established that the payments had come in but not accounted and there was no title to the property. The audited accounts were not correct. The enquiry officer has pointed out in his report that in the event the title is not obtained monies with interest is required to be refunded to the member. The property card shows that the land which had gone in road cutting is still in the society's name. The Managing committee of the society has undergone a change from then (1996-2001).
The new managing committee (elected in 2007) does not want to touch this issue again as it would mean refunding of money with interest as there is no title to the property and tax liability. This new committee is of the view that I should have dealt with the same when the old committee was in place and are saying that nothing can be done now. They are however, saying that they would help me for the entitlement by signing the papers, applications to be made to the BMC, but the cost would need to be borned by me. The property card in the BMC records still shows the total area without deducting the land acquired by it. The procedure is time consuming and costly too.
I want the society to show the amount which I have invested with the society of Rs 29 lacs in the books, so that in the event the title is not obtained, then atleast I can claim the same with interest in the court of law, if I am unsuccessful in getting the title, as I understand that the same needs to be claimed within 12 years. I have already informed BMC vide my letter that I have purchased the said FSI from the society within the said 12 years.
Can you guide as to how to approach the issue to get the amount reflected in view of the inquiry reports observation made? I understand that a co-operative society has a perpetual succession and the stand taken by the newly elected managing committee that it was the old managing committee responsibility is incorrect.
Jagdish Shah
16 November 2010 at 17:28
The query is regarding transfer by will of a tenancy right in a residential flat. An individual ‘X’ is living in a flat in Mumbai with his wife. The said flat is tenanted to him since more than 35 years. They only have a daughter in the family (‘Y’), who is the US citizen and not living in India. She is married to an NRI, also a US citizen. On account of the advancing age, ‘X’ desires that after the death of both the parents (‘X’ and his wife), the tenanted flat should go to their daughter ‘Y’ and she should become the lawful tenant of a flat presently occupied by them. For the purpose – ‘X’ proposes to draw a Will where under he would bequeath the tenancy right in a residential flat occupied by him to his daughter ‘Y’.
The querist wants to know whether in the light of the circumstances described above: (a) whether ‘X’ can transfer by a Will his tenancy right in a residential flat to his daughter, who is NRI US citizen not living with him in India; (b) More particularly, could there be any objection under the Maharashtra Rent Control Act? Whether a tenancy right can be bequeathed under a Will to a person not living with him (though a close relative)? (c) Since it involves transfer of a tenancy right in immovable property to a foreign citizen – could there be any issue under the Foreign Exchange Management Act (FEMA)? Would it require RBI’s approval?
madhavisodum
16 November 2010 at 16:08
i am buying a house from a builder.builder is registered the land in his name from X.X has one son and daughter.daughter is married and she is out of country.so in registration X and his son has made signs.we asked for the daughter' s sign in reg,but the builder is saying ,h will give a stamp paper with her signature,and the content in the stamp paper is " i dont have the rights in this land".my question is it is ok with the stampaper.or other wise we have to reg it once again? any other way in this issue.
Rajiv Kumar Agarwal
16 November 2010 at 14:02
I had booked a plot with BPTP; Faridabad. They have change of area and sought approval from applicant. Applicant did not accept change. BPTP cancelled registration and without my concent.
I need to file petition for this. Should I go to consumer court or else where. I need advice and judgments of Delhi High court in such cases.
Interested people may contact me.
Anonymous
16 November 2010 at 13:59
I have a DDA flat,there is some encroachment to this flat also.
Someone shoot RTI to get it demolished.
Now in Delhi there are numerous such encroachments,why only my house be demolished and others may remain unaffected.
I have planned to shoot a RTI asking Authorities 2 things----
1)How many such other illegal constructions are present in Delhi (I may ask them to provide latest videos of different colonies of Delhi)?
2)Secondly I may ask them to provide me a policy under which they could demolish some selected encroachments and save others.(Now apparently there is no such policy)
This way in the Court,I may present reply to this RTI and ask the Court not to save my encroachments but not to demolish my encroachment only but to demolish all the other encroachments of Delhi
simultaneously.
This way it would become a State matter and either there would be a mass demolition in the capital or there would be no demolition at all.
Please suggest from your side,what may happen if I take action as I have planned ??
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
family dispute regarding property
hi,i am saatwik,by profession a finance head in MNC. my question is our house is at my mothers name & to make that house i have taken a loan for 20 yrs in the year2005 of half of the cost which i spent to build a house. now the problem is my mother wants to give that house to my sister who is married & my mother has already given a land to her instead of that house. but now i tried to stop my mother by taking this step so my sister is saying after my moms death she will file a case against it. now when i ask my mother to write a will ,she denied . so is their any possibility , after my moms death she can file a case.
Plz answer the query .it is sth very urgent & important.
Thanks & Regards,
Saatwik Sharma.