Anonymous
06 July 2010 at 11:37
One Mr. A has purchased a flat in Nasik City from a Builder in terms of a registered Agreement for Sale. Subsequently, the land Owners through the Builder as their Constituted Attorney executed the Deed of Declaration under the Maharashtra Apartment Ownership Act. Whether the subject Purchaser is required to execute a Deed of Apartment or Declaration and register the same to acquire the free adn marketable title? whether the Purchaser is entitle to receive the Share Certificate as one receives under MOFA Society? Whether the Association of all purchasers is required to be registered as is done in case of MCS Act for Hsg. Society?
there are divergent opinions on these issues. In fact, the Act provides for all these things, however, in pratice I have observed that no Condominium or Association follows the Act. Pl. guide me
Adv. Anand
Member (Account Deleted)
06 July 2010 at 03:13
Dear Experts / Learned Friends,
Regarding Property dispute between mother and son.
If I have not properly constructed the sentences or given information in a very detailed manner, please do not mistake.
- - - - - - - - - - - - - - - - -
Please see the following and express your views :
Mother (aged about 75 years) orally committed her last son, Velu for a floor (i.e. upstairs) during his engagement in the year 2000.
Based on the commitment, the floor was supposed to be constructed as a single portion.
But, due to Kumar’s (her first son) idea, the construction was done with two single portions (with almost equal. sq. ft.) and only one portion was given to Velu.
Velu and his wife were staying in the portion given to them (which has only one room approx. 150 to 180 sq. ft.). (That is one portion only given and another portion was used by Kumar i.e. let out by Kumar for monthly rent).
Velu was an ignorant and his family members (i.e. his three brothers, three sisters and mother) have taken advantage of his ignorance.
Velu’s son is studying in 5th standard and Velu is now realizing his ignorance and requesting his mother to honour her commitment by providing him the second portion also.
All the family members are trying to confuse his mother in order to avoid giving Velu the second portion.
Query
Whether Velu has any legal rights to claim his share equally like others have ?
Whether Velu’s family members (i.e. brothers & sisters) can throw Velu out without giving even the single portion, where currently he & his wife with son are staying ?
Velu’s brothers are abusing him and his wife.
One of his brothers is a drunkard, who is threatening Velu’s son, while coming from school and going out for classes. (Now, Velu’s son is scared and he wants either his father or mother to take him to classes or to leave outside, if he wants to go to his friend's house).
Can Velu lodge a complaint with local police station detailing his problems or what are the remedial measures, Velu can exercise ?
I shall wait for your able guidance with any case laws, if possible.
Thank you so much.
Member (Account Deleted)
06 July 2010 at 01:27
Dear Experts / Learned Friends,
Regarding Property Dispute between mother and son.
Please see my query and express your views :
Query 1
Whether a mother can deny her property (i.e. her husband’s property, who has passed away) only to her last son.
Whether the son has any legal rights to request her mother for a share in the property.
Query 2
Whether a mother can partially split the property and give only a minimum share to her last son.
Whether the son has any legal rights to request her mother for equal share in the property.
I shall wait for your able guidance with any case laws, if possible.
Thank you so much.
Baskaran Kanakasabai
05 July 2010 at 23:07
The Flaw in the Law- part 27
Justice Prevails at last:
The draft of The Land Titling Bill, 2010(Government of India) specifies:
CHAPTER – VIII
COMPULSORY INTIMATION TO THE LAND TITLING AUTHORITY
52. Compulsory intimation of land acquisition proceedings
It will be incumbent upon the Collector under the Land Acquisition Act, 1894 to intimate to the Authority, in the manner as may be prescribed, the fact of issue of a notification under section 4, sub-section 1 or a declaration under section 6, or passing of an award under section 15 of that Act in respect of any immovable property situated within the notified area and to obtain a certificate of its recording.
53. Compulsory intimation of Government transactions
All the transactions by the Government in respect of immovable properties within the notified area, including alienation, assignment, regularization of occupation, sale, grant or lease, shall be intimated to the Authority by the authorized official carrying out such transaction, in the manner as may be prescribed, and it shall be incumbent upon such official to obtain the certificate of recording.
That makes notification u/s 4(1), declaration u/s 6 and award u/s 15 of the LA Act, 1894 as compulsorily registrable.
Is it right to say atleast now that the flaw referred to in my presentation titled "The flaw in the law" is a flaw in deed?
End of part 27
Anonymous
05 July 2010 at 19:49
Dear experts ,what is mean by tenent? if a tenent is un-authorisedly occupied the lands or buildings ? is it is called as an a tenent?
Muneeswaran K
05 July 2010 at 10:18
I have rented my houses with 11 months written agreement. After the eleventh month should I go for a fresh agreement with 11 months period. Should the new agreement refer the earlier agreement/ Kindly clarify.
K.Muneeswaran
Pawan Patil
05 July 2010 at 10:02
Hi all,
I have given my dupluex on rent basis to enggineering student in Maharashtra.
Can make paying gust agreement with them instead of leave & license agreement?
In Maharshtra It should be register leave & license agreement so can make paying gust agreement with them.
If I made paying gust agreement with them for 11 months what consequenses face in future?
Please help me
Regards,Pawan
Anonymous
04 July 2010 at 23:37
Will be grateful for legal difference between partition suit and title suit
Thankyou
gauravkumarjain
04 July 2010 at 19:30
law relating to increase in rent.can a landlord increase rent every yearof shop.rights of landlord in case tenant is not paying rent,
.time taken by court in such cases.
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partition of property
Dear Sir
My father has got a property of 3.5 acres from karnataka government in 1994, with condition of not to sell any one up to fifteen years.
Since my father and his brother (employee of State Government) not yet divided there ancestral property, now they are asking equal part in above property also.
Is my uncle having right to get part in which my father has got from government or not.