Anonymous
30 November 2019 at 22:03
I am a successful bidder for a property in Chennai. Paid the full sale value amount. One day before auction day, borrower approached DRT for stay and DRT said "Sale will proceed as per sale notice. Confirmation stayed. Counter by (date)".
The Bank instead of filing counter, informed DRT that they are withdrawing the Sale Notice, and the DRT agreed to it.
In the sale notice issued by the bank there is no clause on the right of the bank to postpone/cancel/withdraw the e-auction. The bank returned the full amount paid by me.
As a successful purchaser do I have third party right on the property? Can I take legal action via DRAT? Please advise.
Thanks in advance for your advise.
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Anonymous
30 November 2019 at 15:53
Sir/Madam,
property is in my mother name and home loan is in my name and my mother name. To avail tax exemption I need to take a gift deed from my mother. Is it possible to take gift deed by informing the bank and without closing the existing home loan.
Please help me out.
Niraj Mistry
30 November 2019 at 12:48
Respected Sir,
I am from Ahmedabad Gujarat. My grandmother has 4 son and 1 girl. She made a will of her house property in Dec 2013 (latest) at ahmedabad with witness of two in from of sub registrar office. In that will she remove all son and girl due to 2 (3rd and 4th)son cheated her , they transfer their part in property where they leaving, when my grandmother is present without inform her (2007) and one (1st) son not taking her responsibility. She leave with her 4th son till death 4th Oct 2018. girl she is died in 2009. My grandmother died on 4th Oct 2018(age 87). after that her will presented, In that will she clear that she remove all son and girl also she clear that if anything writing before this will is not valid. She mention her grandson ( me ) to received all in her will. after 3 month of her death I applied to Municipal corporation to change name but they refuse and say we need society share certificate and letter in your name then I applied to society chairman , he not give any answer from 4 months now he said he need to talk to my grandmother son but he never informed anyone except one. He is delaying this . My grandmother also informed to society Charmin in writing she has remove her sons and daughter from their portion in property. .
Please help me what should to do to clear this?
Mohit
26 November 2019 at 22:07
Hello mohit here! I live in vasai! I'm a rental and my bldg has decided such a bad thing! That who are rentals they cannot keep their two wheelers inside the society, they have to keep out side of the society! Is this is a legal thing??? And it its not, then Plz let me know that how can i fight with this stuff!!
Thankyou😊
Nydv
25 November 2019 at 12:29
Civil Suit suggested for permanent injunction under Sec 38 and Sec 34.
Dispute on usage of common recreation facilities between 2 blocks of SAME registered project( A/B/C versus D1_D2)
A/B/C blocks exists on plotA and D1_D2 on plotB . Both have independent gates. Most facilities on plotA. Few on plotB.
A/B/C in full possession of all common recreation facilities from Day1 as most are on plotA.
D1_D2 used facilities for few years but stopped by A/B/C from last 4-5 years. But D1_D2 uses water tank on A/B/C side from Day1.
Through this planned Civil Suit D1_D2 wanted to use other facilities also like club house, swimming pool.
Query is on Sections suggested for this Suit.
To ask relief under Sec38 : Filing party need possession on the said property.
In this scenario D1_D2 who will file Suit have partial possession only.
Can maintainability of suit is questionable with planned sec 38 and sec 34 ??
Thanks,
Nyadav
Kumar
23 November 2019 at 23:48
Dear Experts,
We lost our father and He had not left any WILL. We are 2 brothers and our mother is alive. Our father had purchased 3 acres of land almost 23 years back. He put that property on our elder brother's name along with our father's name as his guardian. Our father name has mentioned in the sale deed as guardian.
Now we want to distribute that property among ourselves including one share for our mother. That means there will be 3 shares.
But our elder brother is saying that it is self acquired property and he does not want to give us any share. That property was purchased by our father with his hard earned money and put it on our elder brother's name. That time our elder brother age was between 15 - 16 years.now he is saying that he bought that land with his own money and he is not ready to give us any share.
He is saying all these things since property is on his name and he wants to keep it for himself without giving us shares.also we came to know that he is planning to sell it without our consent.
What can we do here ?. Is it not possible for us to get shares of that land ?
Could you please suggest and guide me how to proceed legally to get our shares ??.
Thank you.
Anonymous
22 November 2019 at 18:05
Hi,
My father bought a 250 square yards plot( plot no 6) in a layout and got 125 square yards registered on my father's name and other 125 square yards on my mother name.
Unfortunately my father died 2 years back. He did not leave any will. We are 2 sons. My father had given my brother lot of money for his business.
Now my mother wants to give her share of 125 square yards to me and she wants us to share equally other 125 square yards which was registered on my father name. But my brother is not agreeing to it. He wants a share in my mother's 125 square yards share as well.
My question is :
1) Can my mother gift me her share as a gift deed although my brother does not agree?.
2)Will there be any issues in future in case of my mother gifts me her share ?.
3) Instead of gift deed, can my mother write a will mentioning her 125 square yard share should be given to me ?.
arpita@123
22 November 2019 at 14:19
I am from Mumbai. We are 3 brothers & 2 sisters. We have 2 chawls in Mumbai.... Chawl 1.which is in mother name & chawl 2 is in father name.
Chawl 1 is which is on my mother name has gone in redevelopment scheme under SRA 3 years before.... We will get the
Possession in December 2019.
Now chawl 2 which is on my father name is also going under SRA scheme for redevelopment .
But as per government rule , husband / wife
will be considered as one... Only flat will be available.... even if theyhave more than 1 structure with different name ( one family one tenaments rule)
My mother expired in July 2019.
How can be get our chawl 2 eliglibe for SRA scheme.... since we have big family.
Please guide me.
arpita@123
22 November 2019 at 14:13
I am from Mumbai. We are 3 brothers & 2 sisters. We have 2 chawls in Mumbai.... Chawl 1.which is in mother name & chawl 2 is in father name.
Chawl 1 is which is on my mother name has gone in redevelopment scheme under SRA 3 years before.... We will get the
Possession in December 2019.
Now chawl 2 which is on my father name is also going under SRA scheme for redevelopment .
But as per government rule , husband / wife
will be considered as one... Only flat will be available.... even if theyhave more than 1 structure with different name ( one family one tenaments rule)
My mother expired in July 2019.
How can be get our chawl 2 eliglibe for SRA scheme.... since we have big family.
Please guide me.
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Section 38 specific relief act
Namaste Experts,
An RCS has been filed under section 38 of Specific Relief Act in 2018 at Chalisgaon to refrain the Defendant from entering upon the suit land and it is not a Declaration Suit.and since the filing of the said RCS no Status-Quo or Stay has been granted yet. However, an application before the Mandal Adhikari has been moved for mutation entry of the name by the Petitioner in the above said Suit. Can the Mandal Adhikari proceed with the case in his Court fort Mutation Entry? If yes then help me with the judgments, its a very humble request. The hearing before the Mandal Adhikari has been scheduled on 04.12.2019.
Regards,
Rizwan Shaikh