Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ajit   01 November 2010 at 23:58

question of ownership

Hello Sir,
Give me solution on following case study
The facts of Case as under -
Mr. X is owner of suit property.
Mr. Y is Tenant over the suit property. (As per the Hyderabad Tenancy Act)
Mr. Y become owner of suit property in 1973.
Mr. Y transfered suit property to his son Mr. A and grandson Mr. P and Q in 2007
Mr. A sold his property to Mr. G in 2008.
But as per the provisions of Hyderabad Tenancy Act he has not obtained permission of Collector (Which is mandatory).
The suit property was transfered by registered sale deed in the year 2008. But entry was not taken by Mr. G and when Mr. G goes to take such mutation entry the hairs of Mr. X filed objection to such mutation entry and filed suit for suit property.
what remedy is available for purchaser of said property.
if any case law is their suggest it to me.

Aryan Jadhav   01 November 2010 at 18:17

Sale Deed pursuant to Agreement..

Thanx in advance to all experts,

‘X’ agreed to sell his separated area, adm. 90 Ares, out of total land area 96 Ares, Pune, Maharashtra, in favour of ‘Y’, by executing regd. Agreement for Sell. Now, ‘Y’ wants to sell his remaining area 06 Ares to ‘X’ with above 90 Ares, by executing Sale Deed, which is going to be registered as per above said Agreement. Is it possible as per Law?. If possible then How??, what about registration fees, stamp duty, legal technicalities, etc.??,

I am waiting for your expert comments.. please..


Aryan Jadhav
Law Student & Associate

Anonymous   01 November 2010 at 12:18

Seeking an expert for real estate dispute



Hi Hon'ble Expert’s Panel,

We, a group of allotees, booked flats in a residential project in 2007; the property is situated in Ghaziabad, and registered office of this real estate company is in Delhi. Most of us took loan from banks and have done all required payment as per their respective payment plan. The possession date given in the builder-buyer agreement was of April, 2009 but so far only 50% work could be completed, even for a long back the construction work has been halted because of liquidity crunch with builder.

Two months back the Ghaziabad development Authority (GDA) sealed some blocks of this project on ground of construction beyond approved map. The sealing still prevails. Moreover; recently one of the 3 directors of this company is in under arrest and two other directors are absconding from their Residence & Office, this legal action took place because of dispute with his an another project situated in Noida.


It seems that the builder has sufficient assets but not liquidating them, we are apprehensive that the builder might siphon off his existing assets/fund to somewhere else. In this scenario to safeguard our investments we wish to go for litigation.

We are seeking an expert lawyer having good experience in property/real estate matters. Could you pls advise an appropriate expert for the same.

Thanks in advance for your valuable guidance.

With warm regards

sonavnayak   01 November 2010 at 11:20

trnasfer / sale

can i transfer / sale my property which received by me through nomination. Further other family member are not having problem for transfer / sale property to any one they gave me NOC for the same too. My father has made will but the same has not been registered. Or can i gift the same body.
or make a Will in favour of someone etc. etc.

I got two different answers now i got again confused whether i have to make will probated or not,
1= If your father has made a will it will be valid. There is no requirement that the same should be registered. Even a non-registered will is valid. If your other family members are not having any problem, then on the basis of the Will granted by your father and with the support of the NOC given by your family members, you can have the property mutated in your name.
Once the property is mutated in your name, you can dispose it of in whatever manner that you like - e.g. gift it away, sell it,
2=Before doing anything, you have to get the Probate of the alleged will from the district court.

As the soceity has already transfer the share certificate in my name also, from last one and half year all maintanance bills also comes in my name only, even electricity bills also in my name only.

Pls guide me if i will sale the property than is it necessary to obtain succssion certifcate or not
I GOT 100 % NOMINATION IN MY NAME ONLY BY MY FATHER

Ankit Kagalwala   01 November 2010 at 10:36

Succession Certificate

A warm regards to all of you.
My query regarding the succession of my MATERNAL grandfather who has died just 2 months ago without making a will. He has 3 daughters only. Now the Society is asking for "Succession Certificate" to transfer his property to the name of his daughters. so is it necessary to give such certificate? what is the procedure for getting this certificate and what is the approx. cost and is it based on Market value of property? such property and legal heirs of the deceased is stayed in Surat, GUJARAT.

Anonymous   01 November 2010 at 10:22

Transfer of Property to Menatlly Challenged Grandson(MINOR)

Dear Sir

Mr X is the father of only son Mr. Y and father in law of Mrs Z
Mr X is the of grandfather of A,B,C
A is mentally retarded boy of 11 yrs of age, B & C are 3yr old twin girls

In this case the father Mr Y who was the husband of Mrs Z passed away.

Now Can grandfather Mr.X in his WILL name his grandson as the sole beneficiary of his HOUSE.. And if he does so what will be the share of Mrs Z and her two daughters B & C.

Rgds
Swati

Anonymous   31 October 2010 at 22:58

transfer of property

Dear sir,
is it possible for a man to execute a will ( and register the same ) in such a way that
1. ownership of some of the ,man's self acquired movable / immovable properties to go to his major son ( not married now) and some to his married daughter, but only after death of the man's wife ,who will enjoy the rents etc... from properties during her life time for her lively hood. wife will only be guardian for properties with no right to sell as she was not the owner nor there was any transfer to her .

2. in some of the registered documents relating to immovable property ,the man's name is in first place and his wife's name in second place .(they r joint owners).
3.while in bank fixed deposits etc..the man's wife is first holder and husband the second holder.

4. one of the immovable properties located in a different city of the same state is solely in the name the man's wife. can she also execute and register a will in her son's/daughter's name ? if so where? in the same place - state capital where she lives with her husband or the city where the property is located
please advise law and procedure (least cost or low cost procedure ).

anonymous

R.V.RAO   31 October 2010 at 21:59

property transfer

sir,
one property is registered in the name of the son and father jointly( first name son and second name father).
before father dies , the father wants the property solely be made in the name of the son only, to avoid the son facing legal hassels like produce death certificate / and or succession certificate etc... and get property in son's name ( after father's death).
pl.help the father's concern for his son and advice kindly any least cost or no cost procedure to the poor father.
regards,
r.v.rao

madhukar   31 October 2010 at 17:41

Home purchase

I wish to buy a home at panvel in Gavthan area. Title is clear owner have understanding with developer & will get 50 % possesion. Nw what care should i take before booking the flat with this developer. Like what documents shall i ask to him & how to safeguards my self pl suggest.

Anonymous   31 October 2010 at 02:05

Property on brother's name but financed by family

Dear Sir/Madam,

My father-in-law, 55 yrs - a central govt employee, filed a case 4 months ago against his brother at a district level court to resolve a property dispute. The property is on his brother's name but it was purchased more than 15 yrs ago with financial help from family including my father-in-law and their father.

The other party, my father-in-law's brother and his lawyer, know the property was not purchased with his own money and feel there is a chance that the court's verdict might go against them.

The problem is the other party is not seriously participating in the court hearings. They have successfully avoided taking part in arguments. In each hearing the other lawyer either asks for some days to prepare his response or does not appear at all before the court.

Is there any way by which we can compel the other party to participate in arguments before the judge?

Thanks & Regards.