Anonymous
30 September 2010 at 09:20
Hi,
We are Three brothrs all married and settled in diffrent places. Our Father ceased away 6 yrs back. Leaving one flat on name of my mother and nomination of three of us (brothers), which is currently in force. We two brothers want to transfer the said flat in name of our elder brother with mutual understanding of financial matters between three of us (rather based on current market valuation)and all three brothers areagree on this. But my wife dose not want to us to transfer the flat in the name of our brother. She tries to intervain in the matter and threat to go leagal about the matter.
Pls note the said flat is self purchased by my father and not inherited. and the Building in which flat is situated is going for redelopment in near future, and that is the basic reason for opposition. As per wife, we can sell off this flat at hire cost in future and shere the value and we brothers do not want to sell the flat at any cost.
So I want to ask the following,
1) Do my wife have right to intervain in the process of transfer.
2) Can she go legal against the matter.
3) Can we two brothrs transfer the property in name of our elder brother despite of oppose from my wife.
4) As a wife and in presence of Husbund, what is the extent of rights she have in fatehr in law's property.
pls advice asap.
Regards
Dattatray Sawant
sawantd@zeenetwork.com
Anonymous
30 September 2010 at 00:26
sir my uncle has a comercial shop in delhi which was let out.
there is a proper agreement for letting out of property.
but the tenant is not paying the rent from last many months nor he is coming to the shop. even the cheque was bounced given by him.
the shop was locked from outside with his goods.
my uncle want to take the possesion of the shop.
what can my uncle do if tenant do not reply to him in any way...
what is the legal procedure for the same?????
Anonymous
29 September 2010 at 22:47
Some tenants have been living in my property for 13 years. Actually, they are family members of the original tenant who is now dead. I lost my sale deed and lease agreement but I have a certified copy of the deed from sub registrar showing that I am the owner. I have no copy of the lease and I do not know if the occupants have a copy.
My advocate says it is not possible to evict these people because I do not have any lease to prove they are tenants. He says although the original lease probably expired long time back, the occupants are still in the status of tenants but this can only be proved by the lease.
He also told me that I cannot file suit for trespassing because if they produce the lease they will be classed as tenants and tenants cannot be trespassers, so the case will fail.
So basically, he says any suit will fail without the lease document. Is this true?
What if I sue for trespassing and they produce a lease and the case collapses? Can I file a second suit for eviction because then the lease will be on record from the first suit, thereby proving they are tenants?
Basically, the problem is that I know that they are tenants in default but I cannot prove this fact without the lease. They may or may not have a copy but I don't know how to find out and more so how to get a copy if they have one. They have the power to prove or hide their status to their advantage, depending on what suit I file.
Looking for advice from all you friends in this matter.
Shanti
Anonymous
29 September 2010 at 20:44
Dear Sir
My father has dead on 1965 without making any will,we are 2 daughters and 3 sons and my mother , both the daughter got married in 1975 and 1977, also we gave them Rs 70000/- as property share in the year 2000, but we do not have any written document ,we have only cheque numbers ,now they are claiming a share in the our father property , please tell me whether they are eligible .
Anonymous
29 September 2010 at 19:05
Dear Experts of the Forum,
Can an,Un-Registered oral partition gives any title for an out sider of the Family; even if the property owner Mr.R, declares that he sold the lay outed plots to Mr. X, Y, Z... etc and handed over the plots/s physical position (without any Registered sale deed). And in turn Mr. X,Y,Z ... sells these plots to Mr,A,B,C... etc through Registered sale deed! Will the above dealing, right in the view of the LAW? or Can it be challenged as the illegal transaction; by any family member of Mr.R.
Kindly elucidate me the deal validity in the view of LAW.
with regards,
Thanking you ALL in advance.
Janhavi Mantri
29 September 2010 at 14:00
I live in a co-operative soceity which belongs to Trust of CKP caste. The trust is the owner. As per their constitution only a person whose caste is CKP can stay. Even as per the bye-laws of our society CKP can become a member of the soceity. Their is a corporator living in our society whose flat is in his fathers name. He has shown his fathers caste as Mali and contested the election under OBC quota. A person had challenged his caste but he was successful in showing his fathers caste as Mali.
My question is whether he has right to stay in our society? How are a person have two diff. castes for two diff. purposes.
Thank you,
Anonymous
29 September 2010 at 13:26
We are in a house which was our ancestrol property. My grand father had 2 daughters & 2 sons.
My grand father expired without making any will. During the year 1984-85, my Fathers\\\' elder brother gave his part of right in the House property in writing to my father in the presence of my grand mother.
It was also mentioned in the registered agreement that the same is being given in my father\\\' favour due to his poor financial status and to support his livelihood and he and his heirs dont have any rights in the property. There was No consideration given.
We are living in the house since 1981, we also made some modifications, additions to the house during the recent times.
Now My fathers\\\' Brohter and His son is claiming rights in the property and asking us to pay a part of the value of the house.
Pls clarify us whether he has any right in the property and what are the legal options available to both of us.
suguma
29 September 2010 at 13:17
The first sale transaction is by the owner Mr. RAMASWANY, confirmed by M/s. Irvin developers as developer selling the property SITE NO. 9005 in a GRAMAPANCHAYAT in favour of M/s. ABC INDUSTRIES LTD., on 27/04/1997.
Second sale by M/S ABC INDUSTRIES LTD TO GOVINDAPPa.
Third sale by Sri.Govindappa to SRI.Narayana munshi on 20.08.2009.
M/s.ABC INDUSTRIES Limited appointed Sri GOVINDAPPA as G.P.A holder in respect of the site property No.9005 . Further, M/S ABC industries has entered into an agreement of sale with Sri GOVINDAPPA for selling the aforesaid site property on 20/11/1999. copy of the Board Resolution extract for sale of the property of the company IS NOT AVAILABLE TO NEW BUYER. NO Board resolution is avaialble for appointing an individual, who is not concerned with the company as GPA holder for selling the immovable property.
M/S ABC INDUSTRIES LITD HAS BEEN WOUND UP BY KARNATAKA HIGH COURT ON 12.7.2004
The Sale Agreement of 20/11/1999 loses its validity after three years. M/s. ABC INDUSTRIES LTD., has stated that they would not terminate this agreement, as the entire consideration is received by them. Whether the SALE agreement is unenforceable after three years???.
In the sale agreement, the company has stated that they are offering to sell the property to meet company commitments and legal necessities. This should have been reflected in the board resolution, which is not available.
If we consider that Sri GOVINDAPPA continues to be the GPA holder of the company, (subject to board resolution), the sale deed is executed in the year 2009. The sale deed does not state that Sri GOVINDAPPA is selling the property in the capacity of GPA holder of M/s. ABC INDUSTRIES LTD., In the Sale Deed, the recitals state that Sri GOVINDAPPA has derived title by way of Sale Agreement dated 20/11/1999. Whether Sale Agreements would confer title on the agreement holder.? OR WHETHER A A specific sale deed should have been registered in favour OF GOVINDAPPA by the company.
(How this can be rectified now??? Especially when the company has been wound up)
The sale made by Sri GOVINDAPPA is in his individual capacity, wherein he is claiming the ownership. Whether, Sri GOVINDAPPA has derived any title, in the absence of registered sale deed in his favour BY m/s ABC INDUSTRIES LTD., . whether the sale made by Sri GOVINDAPPA to SRI. NARAYANA MUNSHI is in order.
I SEEK YOUR CONSIDERED OPINION AS TO WHETHER I SUGUMA CAN BUY THIS PROPERTY FROM SRI. NARAYANA MUNSHI and whether Sri.Narayana Munshi is having clear marketable title.???.
WHAT STEPS TO BE TAKEN BY GOVINDAPPA OR NARAYANA MUNSHI TO RECTIFY THE DEFECTS IN THE DOCUMENTS REFERRED ABOVE.??? OR DO YOU THINK THE PROPERTY BELONGS TO OFFICIAL LIQUIDATOR OF THE WOUND UP COMPANY M/S ABC INDUSTRIES LTD., and narayana munshiCannot sell and in that event what course of action has against MR. GOVINDAPPA???
Anonymous
29 September 2010 at 10:50
My father along with his brothers and his father(i.e. my grandfather) have undergone partition of the ancestral property through an unregistered partition deed in the year 1986. I and my sister were minors at that time. Now, my sister (more particularly her husband) who is a major now wants to challenge that unregistered partition deed. Is this possible? If possible then on what lines is this possible?
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Purchase of Unregistered Property from Father
Hi this is Hema,Bangalore Development Authority has issued a lease hold property to my day in 2008 the lease deed is for 10 Years & its unregistered by my dad & due to some financial problems my day sold this property to me & i have purchased it without any agreement from my dad
My query is will it create any problem to me later by my own brothers should i take any GPA & sale agreement from Dad,Mom & brother.
Please guide!!!