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shaoni mitra   17 May 2010 at 19:57

west bengal premises tenancy act 1997

A part of the premises was let out to a proprietorship business house. The proprietor was bachelor and expired without leaving any first class legal heir. His nephew was looking after the business as chief executive. The business was transferred to the nephew by will. My question whether tenancy of the premises can be inherited to the nephew after death of the proprietor of the business as proprietorship business comes to an end with the death of the proprietor.
As per section 2(g) of the west bengal premises tenancy act 1997, can authorised person (here Nephew)be treated as tenant after death of the bachelor proprietor ?

Anonymous   17 May 2010 at 19:12

legal heirship

my father expired in 2007 leaving a will bequeathing his flat and other wealth in our mother's name and after her demise among his children equally. how should the legal heir certificate be made ? to include the children's name or only his wife's name.?
if it is made to include all four {1+3,} will she be able to dispose the property?

raj kumar ji   17 May 2010 at 14:49

wht should i do ?????????

respected sir,
case is that.
mr"x" is the grandson of mrs."y"?
mrs."y"is widow and she self accuried a piece of land 200 gaaz.
mrs."y" have 5 sons & 2 daughter
mrs."y" making a "will" before his death which is registered at sub ragistrar office.
now the mrs"y"expired.
according to her "will"she gave a land to mr."x"who is the grandson of mrs."y"
now wht should mr."y" do to get the land of his grand mother ?
now the sons & daughter can claim the "will"of mrs."x"
if the sons & daughters not give no objection certificate what can do the mr."y"
plz solve the case ?
in this case mutation hoga ya fir probate hoga
or what is the procedure of mutation ?

Anonymous   17 May 2010 at 14:41

wht shoud do ?

respected sir,
case is that.
mr"x" is the grandson of mrs."y"?
mrs."y"is widow and she self accuried a piece of land 200 gaaz.
mrs."y" have 5 sons & 2 daughter
mrs."y" making a "will" before his death which is registered at sub ragistrar office.
now the mrs"y"expired.
according to her "will"she gave a land to mr."x"who is the grandson of mrs."y"
now wht should mr."y" do to get the land of his grand mother ?
now the sons & daughter can claim the "will"of mrs."x"
if the sons & daughters not give no objection certificate what can do the mr."y"
plz solve the case ?
in this case mutation hoga ya fir probate hoga
or what is the procedure of mutation ?

Hanif.A.Azeez   17 May 2010 at 13:09

Power of attorney

I am Mrs.Hanif.A.Azeez
We've got a property in Mumbai.We are a total of 6 holders of that property.After my father expired we gave the complete "irrevocable" power of attorney to our brother.
Now a dispute has arised between us,and we dont trust him any more.
So we would like to cancel the power of attorney that we gave him.
Please adivce us on this...

Anonymous   17 May 2010 at 12:00

Stilt Parking / Open Parking after redevelopment

Our Society has undergone redevelopment. The old society building had 4 floors (ground + 3) without stilt parking. Now the newly designed buliding after redevelopment has Stilt Parking on the ground floor and 7 residential floors above it having 21 tenants (3 on each floor). Due to ignorance out committee has permited the developer to sell the stilt parking spaces in the development agreement. Further the developer has issued stilt parking allotment letters on his letter head which is neither registered nor any stamp duty is paid on it. Kindly guide me on the under noted issues :
1. Whether the redeveloper had a right to sell the Parking slots ?
2. Whether clause in the development agreement due to ignorance to permit the redeveloper to sell the Parking areas is a valid one in legal eye.
3. Whether the allotment letter on redeveloper letter head has any legal significance.

Anonymous   17 May 2010 at 11:40

gift deed can be revoke?

my grandmom made gift deed to my dad and to me[ grandson]and it was registered, it that document she mentioned that she cant revoke or change this document. house tax,eb bill and patta are changed to our name. now there is some some family problem between us and my doubts are.
1. whether she can cancel the gift deed?
2. if she cancel the gift deed ours and if she make a new gift deed to dads brother, then new gift deed is valid?
3. if she cancel and do the new one without our knowledge and she expires. whether we can claim for gift deed which she made for us?

Anonymous   16 May 2010 at 23:21

Transfer of Membership of a hsg scheme of the Trust in favou

My father was a Member of "Sarvodaya Nagar”, a trust for housing scheme since 1966, where nomination was in favour of my mother.
My father expired in 2007. My mother does not intend to give me a single penny from the estate of my father, even though she is merely a nominee i.e. a trustee on behalf of all the legal heirs.
I am given to understand that a Nominee is not an heir and holds no legal rights. The nominee is only a caretaker. She/He has no ownership rights and ownership is by law of succession.

My query is :
• Whether membership can be transferred in favour of the nominee, my mother, after lapse of more than 4-5 years, without obtaining NOC from all the legal heirs including me?
• Can my mother, as mere trustee sell the membership right either without my consent OR without giving me my share in the membership?
. What will be the recourse available to me, if membership is transferred in favour of the nominee - my mother, and she in turn sells the membership, without my consent or without giving me my share in the membership, since she does not intend to give me a single penny.

Anonymous   16 May 2010 at 16:19

Transfer or Sale of Joint Owner Property

Hi,
I and my father are joint owners of the property purchased in 2005/06.

After my fathers death (Oct09), I want to Sale the property and I am ready to give legal rights / amount my sister & my stepmother (married to my father in july08). My sister is ready for the same but my stepmother is denying for it. I am ready to give more then the actual right but still she is not ready for it. So as a Joint Owner Can I Directly sale / transfer the property or I have to take help to court?
Please Guide.

Anonymous   16 May 2010 at 16:14

Property Tax and Maintenance Charges

I owned the flat in Thakur village N.G.Suncity Phase 3 while purchasing the flat we have to forcefully pay Property Tax and Maintanences charges as per the builder rate @6.50 per sq ft. After completing the 18 Months the builder has send the same bill again but Charges in other buildings and society is only @4.25 per sq ft.. When we asked the builder he replied that we have to bare the maintanence and property tax of unsold flat on sold flat it is right under the law that he can charge us any amount without giving any proof... or Is true we have to bare the expenses of his unsold flat

Please guide me ....