Anonymous
22 September 2010 at 22:55
A property is owned by two brothers in equal shares. Now one brother is ready to give or transfer his share without any consideration to second brother(who is co-owner in that proerty).
NOTE:-(THE PARTIES ARE NOT READY TO DO SUCH TRANSFER BY GIFT DEED OR BY SALE DEED.
My query:-
1. can he transfer his share by the decree of the (permanent Lok Adalat).
2. How i can draft this case for filing in the Permanent Lok Adalat.
3. What are the contents of my drafting. Plz explain fully the lines of the drafting)
4.Is there is any set proforma under the legal service authority act to file such cases.
Anonymous
22 September 2010 at 19:31
I purchased a property in a public auction from a bank. In order to register the property in my name, I went to the housing society to get the membership. The housing society claims that the previous owner (before me) of the land did not construct a house within 5 years of his purchase and they sent the owner a final notice that the society has taken over the ownership of the plot due to the non compliance of the society laws (or bye-laws whatever).
The previous owner had received loans (not a home loan) from a bank keeping the original sale deed of the property as a security prior to the final notice from the housing society. The society claims that bank did not obtain an NOC before giving loan to the previous owner and therefore their claim to the land is valid. However, the bank claims that they did not require an NOC from the society to lend a money.
The bank sold the property to me in an auction under the SARFAESI act. The property will be useless to me unless I can become a member of the society because I will have to get approval from the society to get electricity, water etc.
In short, here is the outline of events:
1992: mr X (assumed name) purchased a residential land in a housing society.
2000: Mr. x mortgaged the land to avail business loan (not a house loan)
2002: Housing society sent final notice to construct a house in the land otherwise his ownership of the land will be nullified due to the non-compliance of the society rules.
2008: Bank initiated the legal process to recover their loan. They put a sign board
on the land indicating the land has been seized by the bank.
2009: Land was auctioned under the SARFAESI act.
I was the highest bidder at the auction and was granted the certificate of sale from the bank after the full payment of the auction amount.
Society claims the ownership over the land even though the land is still registered in the name of X. They want me to get a copy of the NOC that bank must have gotten before granting a loan to Mr. X. Bank claims that they are not required to get an NOC for giving a mortgage loan.
Am I screwed here? I will not be able to register the land in my name unless I get an NOC from the society.
Please advice what are my options? Bank is willing to co-operate with me in any legal matters. I am willing to pay any maintenance fees past due on the property. I am located in Raipur, Chhattisgarh.
Can a housing society claim ownership of the land without registering the land in their name?
Built Trust
22 September 2010 at 17:34
I want to Know about the applicability of Leave & License agreement in Delhi.
Can property be given on rent through Leave & License Agreement in Delhi? what are the registration Charges for the same.
Is it better than Lease Agreement.
S RAJAKUMAR
22 September 2010 at 15:29
My client has purchased a property in 1994 from the vendor as self and power of attorney holder for other owner. In the year 2002, the same property was settled by the vendor to her son. In 2007, Son and other vendor given power to a third party to sale the property. The POA sold the property to second purchaser. My client filed a suit in the city civil court against the second purchaser. As a out of court settlement my client and the second purchaser sold the property to the subsequent purchaser. Now my query is 1)whether the above trassaction is valid or not? 2) Whether the Son can file a suit for damages on the POA and make all the other people as defenants in the suit? 3) Whether the son got any claim over the title of the property.
Anonymous
22 September 2010 at 14:56
I have purchased a property where I was a tennat.
The tennat have four brothers and I am now told by my lawyer that there is a provision in law, where my purchase could be challenged at any time within six months by his brothers.
The reasons he says is that the tennat should have first offer the property at 10% higher of the proposed agreement value to is brothers and also issue a notofication in the paper prior to sale.
He has done neither of the two, how can I avoid any bad situation if future?
Anonymous
22 September 2010 at 14:46
Hi All,
I want to buy a property in Thanisandra in a private layout called anam enclave layout.This layout has NOC from BDA.And property(constructed house) has B katha from BBMP.The layout developer says he has a BBMP katha for the entire layout.
The landlord said there is a minor deviation and when akrama sakrama happens i will be asked to pay some fine and it will legalised.
This layout has water supply arrangement and sewage done on their own.And does not have park .And most of the plot has a house already constructed.
The question is "whether this kind of property will be legalised during akrama Sakrama" And what are the chances of these kind of not getting legalised.
Thank you
Anonymous
22 September 2010 at 09:00
My Building still not registered. I have a flat on top floor and a separate terrace.I have made a cemented wall and ceiling in entire terrace. I am carrying commercial activity like dancing from last 20 years i.e. even before i shifted to this building. i am also carrying them now but currently at my flat. But i want to shift them up to the terrace room.
But the other residents in my building are objecting same.they asking me demolish wall of terrace and stop commercial activity.
I an not in stage of doing so.Please guide me how can i carry on such activity on the terrace without demolishing same.
H Cutchhi
22 September 2010 at 06:55
My mother who is over 65 y.o. threatens to use the fact that she is a senior citizen against me. My father owned two shops and a car garage and had nominated me, his only child. My father died intestate in 2001. I was brought on record as sole legal owner of the shops and car garage and share certificates in respect of these premises was transferred to my name. However, because I was living abroad and I blindly trusted my mother, I kept the title documents and share certificates in her possession. Now she refuses to return the title documents saying the she also has claim in the shops.
Question1: I want to know if she really does have any claim to these premises given that I am the sole owner of the premises?
Question2: What legal action can I initiate to compel her to return the title documents and share certificates in respect of these premises? Can I request the police to ask her to produce the documents in their presence and they then hand them over to me after verifying the ownership or will the police side with her given that she is a senior citizen?
Goutam
21 September 2010 at 23:52
Hi,
The property related to Wakf Board is in my possession from the long period.The property is on Lease deed. Lease deed executed by the Wakf Board in favour of me.
2. Now i want to terminate that lease deed or want to become the real owner of that property.
3. So plz tell me that how i can purchase that property from the Walf Board.
4.What is the rules and provision under the Central Wakf Board Act according to which the servants of the wakf board determined the rate( price) of the property related to wakf board for sale, or take a decision for the sale of the property.
5. Is there is any collector rate of the property related to wakf board. (Only for Haryana)
6. Any collector rate which is applicable to all Wakf Board braches in India.
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Transfer of property OR RIGHTS
A property is owned by two brothers in equal shares. Now one brother is ready to give or transfer his share without any consideration to second brother(who is co-owner in that proerty).
NOTE:-(THE PARTIES ARE NOT READY TO DO SUCH TRANSFER BY GIFT DEED OR BY SALE DEED.
My query:-
1. can he transfer his share by the decree of the (permanent Lok Adalat).
2. How i can draft this case for filing in the Permanent Lok Adalat.
3. What are the contents of my drafting. Plz explain fully the lines of the drafting)
4.Is there is any set proforma under the legal service authority act to file such cases.