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sudha   26 September 2010 at 17:06

Gift deed cancelllation

My mother gifted me a house(which was in her name) after my marriage because of their economic condition and they needed financial assistance from me in 2002. now my brother is well settled and my mother is living with him.
My mother and brother were living in that gifted house and as courtesy I could not ask them to vacate after it was gifted to me and registered.
Now my mother has canceled the gift deed without my knowledge.
Now will that cancellation be valid without my consent and will the fact that they are living in that house throughout the time make it valid.They did not pay any rent so I have no proof that they paid rent.
Kindly advise.

I was paying the house taxes through my bank account directly by permanent standing instructions and not by cash(since 2002),is this not enough to prove that I have accepted the gift,I let my mother stay free as she was my parent,is it compulsory to collect Rent.

Anonymous   26 September 2010 at 15:08

Refusal of NOC for Mortgage to Bank to New Purchaser by Society

My question is whether Registered Society formed under Maharashatra Cooperative Act can refuse the issuing of NOC for Mortgage to Bank to New Purchaser of Flat under pretext that Society Building is not having Occupation certificate and hence Conveyance?
If Purchaser is ready to go for Registered Mortgage then also, Society is not ready to accept the acknowledgement of Lien Mark on the flat.
Can anybody guide me as my deal otherwise is getting cancelled?

Anonymous   26 September 2010 at 01:07

widow's right to husband's property

Dear Expert,

My husband passed away intestate, leaving behind myself & my in-laws. We have a flat which is registered in his name but both him & i were co-applicants in the home loan.

I would like to know is what my rights are regarding to the flat. Am i eligible to sell it? I was dependent on my husband at the time of his death. My father-in-law was working at the time of my husband's death & hence my mother-in-law was not dependent on her son. Is she also entitled to a share in my husband's property in such scenario.

Furthermore, my mother-in-law was the nominee to his insurance ploicy. Am I entitled to sum assured amount or not?

Kindly help me out as I am very confused in this matter.

Thanking you

Anonymous   25 September 2010 at 15:18

Demolition or Court Case for Illegally possessed extended strucutre of DDA Flat

I have a DDA Flat with an extended rooftop structure. Someone has taken possession of the extended structure at my roof and made illegal documents which he got registered from Sub registrar also. Although DDA has no such floor in its building structure, yet the person has created papers for the structure which are totally fake. How can I prove that the papers are fake. I have a copy of illegal papers. If I report the matter to concerned MCD officials they will make a hole in the roof of the illegal premises only. Can I take possession of the extended structure when it is being demolished? DDA allows only one room at the roof top whereas full structure has been created at the roof. Besides the fradulent person had applied for and got an electricity connection in her name from NDPL. I had complained to NDPL also but they say that they will not remove the meter as although fraud but the person has deposited the property papers. What shall I do? Go to police or court or MCD for demolition? The person is trying to sell the abovesaid property.

jenil   25 September 2010 at 13:18

Action against co-op. housing society ??

I am owner of a flat in a Co-op hsg society in suburban Mumbai . Our hsg society building is more than 30 years old & has three floors and a terrace.
I stay on third floor exactly below the terrace..

we have verbally asked our society innumerable times to carry out repair work & water proofing of terrace as due to rains every year
the ceiling in our rooms are damaged.... approximately three years before part of one of the ceiling got exposed ...we had carried out repairs at our own cost..

three months before ....ceiling of my balcony , bed room have completely given away exposing rusted iron rods visible from my flat
I have contacted four to five contractors to carry out the repair works in my flat but all are of the same opinion that water proofing & repairing
of terrace is a must before anything can be carried out at my flat's ceiling as it would be waste of money to do repairs at my home.

since then I have complained in writing to society about calling a meeting & carrying out immediate repair & water proofing of terrace
bcos it has become dangerous to stay in our home until we carry out repairs..

but our society committee has not taken any steps till now....they just say that there are no funds in the society......
last year they had carried out some work which was just application of some white solution which had given away as the rains started this year and the contractors
which I had consulted had also checked the terrace and had said the work carried out was totally sub standard and total repairing of terrace
is required.
One of the committee member had even said that flat owners staying below the terrace are bound to have this problem and society is not responsible for
terrace.......
I am getting no reply from them whether they are going to undertake the repair of terrace as I will have to undertake repairs in my flat...

Isn't terrace responsibility of society ? even if they have no funds why can;t they collect it
from all the members ( other flat owners ) for terrace repair work ....as they did when other parts of the building were repaired ? Can't
they use sinking fund ....building is already more than 30 yrs old ?

I have paid all my maintenance charges till date...there are no dues..

In this case ...I just want to know what should I do first ..
Can i take legal action against the society for ignoring terrace and endangering our lives ??
Can I complain to BMC ...and ask them to visit my place ...as on my side the ceilings are exposed with rusted iron rods..& ask them to take action against society ??
Can I complain to Registrar of Society about my flats condition and what will be its implication .....

I didn't want to take extreme steps as I thought matter will be solved amicably between us and other flat owners will not face hardships
but something needs to be done

Please if anyone could help ?

Anonymous   25 September 2010 at 10:18

property will

can father change a registered will purchased/registered property in his sons name 20 year ago and now unregister a will in others.

akash   25 September 2010 at 02:14

what legal steps can i take against my landlord?

Hi everyone i need help ASAP..
i live in sec-34 udaigiri appts. noida uttar pradesh. Im living in one of the flat in udaigiri appts.im living in this flat from past 14 years now my landlord is going to sale this flat to someone.The owner of the flat is my boss im working in his company from past 16 years.He(owner) gave me this flat 14 yrs back on rent free accommodation i mean to say that he's not taking the rent in cash but actually im doing overtime in his company in place of not giving the rent.ONE thing i want to mention that there is no rent or lease agreement between us.NOW i want to know what should i do? what are my rights as a Tennant??PLz help me i dont want to vacant my home.

Anonymous   25 September 2010 at 00:24

joint property

Dear sir

Myself & my step mother jointly hold a property in bangalore, the property is purchased by me i included my step mother name because she is taken care me well from our childwood, (my father was married my step mother after my mother's natural death, & he is also expired 20 yrs back) and i have a step sister also my query is whether my stepsister have any right on this property.

kishor Rajpal   24 September 2010 at 18:07

MOU for sale of property

Dear Sirs,

I want format of MOU for sale of shop/ gala.Please provide.

What will be stamp paper / franking to be attested for the same.

Thanks in advance

Anonymous   24 September 2010 at 16:40

POA

Financer asking POwer of Attorney of the property against the loan.Is it legal to give POA or any problem for the owner of the property arises in the future.