Anonymous
11 May 2010 at 23:18
Sir Kindly help,
We have a joint property in delhi area in the name of four brothers who are equal share holder of the property ,we intend to reconstruct the house into four floors ground,1st,2nd,3rd and terrace. each brother is contributing according to the floor he occupies .
I want to know approximately what is the difference between all floors valuation.
And my second major concern is over terrace Rights
1.I want to know Does terrace rights belong to the the 3rd floor holder automatically or it needs special mention in the deed
2.Does terrace rights make the difference in valuation of 3rd floor if so by how much and how terrace rights effect valuation of each floor.
3.if terrace rights remain comman and if person holding 3rd floor wants to sell will it effect the value of 3rd floor and if yes by how much .
4. If 4th floor construction is not allowed can any one build or construct a room or so if he holds terrace right .
5. What should be an ideal and fair way of distributing terrace rights in this situation.
Kind regards
jyotirmaya behera
11 May 2010 at 22:40
one family father mother & 7 son. father have a property. that property has divided wid 7 son & 2nd son's wife name even register. elder son want all that property. even forcefully he is living that place. elder son's wife know some black magic so other brother are fearing to live that place. in that case what can do?
if that brother live 12 year after that is it transfer into his properly?
Anonymous
11 May 2010 at 21:53
Subject : property settelment of huf (partition dead)
Message :
Subject : property settelment of huf (partition dead) Message : res sir kindly provide me case law and rulling for property satelment of HUF in case of property alredey setteled and disributed by some memeber s of the family full and finla and remaing property and remaing menmers are held to be owner or treated as a owner or rights on those undived propery or ALL MEMBERS including who foud befor diveded property are also chalange the property or not. can all member challange all proerty or undivided property or only members who has found no any property can only claim this undivided property. tell me law of this. my englis is too poor kindly ignor typing mistake plz provide me guid
Seshagiri Viswanatha Rao
11 May 2010 at 21:26
KINDLY THE DEFINE EXACT MEANING OF ANCESTRAL PROPERTY IN LEGAL TERMINOLOGY WHAT IS TGE DIFFERENCE BETWEEN GIFT AND ANCESTRAL PROPERTY
Anonymous
11 May 2010 at 16:26
Hello to all,
I respect this forum and the people dedicated in it a lot.
I am stuck with a litigation on me.
We are 3 brothers and 1 sister of our father. After the death of my father we built a commercial complex on the the HUF property. While the property was still in construction I sold a shop of my elder brother's to his childhood friend by taking his verbal acceptance. I signed the sale deed. Whole of the money from the sale was transferred to my account and then to my elder brother's son account. We have got proof of the same.
This particular formality was done as it was not possible for us to handle my elder brother's account as he lived alone in a separate house and he most of the time refused to sign as he was least interested in any part of the property.
This full sum of money was used up by my elder brother's son for treatment of his mother who had kidney problem and had dialysis on regular basis and ultimately went for a kidney transplant.
Now the son of my elder has registered a case against me in the police under 420.
What can be done in this situation? As no forgery has been done by me and no financial gain has been made by me.
I would also like to mention over here that there is another litigation put by him against all of us(3 brothers and 1 sister) which is going on under civil court, and that pressurizing us might also be his motive.
Kindly guide through urgently in the matter
amarsharma
11 May 2010 at 16:03
I am a member of the Oakwood Estate Condominium Association in DLF City-II registered under Haryana Apartment Ownership Act, 1983. The bye-laws of our association clearly state that in case of jointly owned apartments, only the member whose name appears first in the share certificate/deed of apartment is eligible to vote.
Since the bye-law does not specifically define `who can contest' there is a lot of confusion prevailing in the minds of property owners. Need to know if those members who are ineligible to vote (whose names does not appear in the first place in deed of apartment) are eligible to contest.
Do write back at the earliest.
Sincerely
Amar Sharma
Sam D'costa
11 May 2010 at 15:55
We hold open land prior to 1981 as an occupant. Owner is non traceable but alive. We are paying NA tax of the same land since 1981. The receip of the same shows owners name as well as our name. Other than this we don’t have any other proof, that we are occupant of the said land. Now since the said land was the part of the larger plot having CTS no XXX. In 1996 Builder has constructed on that larger portion leaving our smaller plot of land. Now we came to know that Builder already got the FSI of our smaller plot (419.25 SQ.MTRs).
Q.1 What is the way we can add our name as kabjedar in 7/12.
Q.2 If we don’t enter name in 7/12 and continue to hold same way, can any builder eligible to develop on the said land on the basis of available document which is only NA tax receipt, inspite of FSI available with neighbour building?
Q.3 We want to pay assessment tax and municipal tax of the same plot, but since it is under name of Owner, department not accepting from us. Any solution?
Anonymous
11 May 2010 at 15:20
Pls note self is in the process of selling my flat at kandivli.Now 2 days back,my buyer whoc also stays in the same complex,has goofed up by telling the secretary& the society office that he wants to extend the window portion once he becomes the owner.(actually its not authorised to extend the window portiion & include in the inseide flat)
After hearing this,the secretary is now acting stupid that unless the buyer gives in writing that he shall not do extend the window,the secretary shall not issue an NOC to me for the same of flat.
i spoke to the secretary that he can give my buyer a notice for illegal amendments in the flat& can take action after he becomes the real owner or stop him from doing so,once he becomes the owner.Now since the registration is not yet done,the society has nothing to do with the buyer & the noc issued is for the bank that my flat is without any encumbrances.But he is adamaned & refused to issue NOC.My all the dues are clear till date.
My query is
1)how can he refuse to issue NOC & what action can i take against him or society for this.
2)Can i proceed with the registration of the sale deed or wait for the NOC.
3)Is NOC required/compulsory from the society.
Thnx+Rgds
Anonymous
11 May 2010 at 15:02
Hi,
I had earlier posted a query which can be found under :
http://www.lawyersclubindia.com/experts/Refund-of-token-amount/84611/
In a gist, we were in conversation with a buyer who lied to us stating he had an approved bank loan and wanted to purchase our property.When we realised his loan was not approved, we informed him that we do not wish to pursue sale with him.He had issued a cheque of Rs 1 lak as token money to us which we offered to return back however he did not give us any contact details and instead said he wants 4 lakhs as compensation.We had not signed any MOU or agreement, no written agreement at all between buyer and us for sale of our flat.
Now he has sent us legal notice with some lies stating that we agreed to sell our flat, we were aware he was applying for loan, we drafted an MOU and sent it to him which he signed but we did not and we sent him a copy of our property papers such as Sale Deed, Leave and Licence with our tenant etc when in fact the sale deed and Leave and license was given to him by the Broker involved.We have never even seen the copy of the MOU mentioned by him in the notice sent to us.
He is stating in the notice that unless we enter into a contract with him and sign an MOU for sale of our flat , he will file a suit against us.
1.What is the validity of this legal notice?
2.Is it mandatory to respond to this notice via a lawyer?
3.Can we claim compensation for these legal proceedings from this person as he has no agreement with us whatsoever and despite our repeated requests to take back his cheque of 1 lakh, he refused to do so?If yes, what amount should be claimed by us and how should we charge him for the same?
4.In case we argue the validity of the notice sent by him, what could be his further course of action?
5.We earlier did not have any contact info for the buyer.The legal notice has this information.Should we send a cheque of Rs 1 lakh to him along with a reply to the notice.
Please advise on what would be the best course of action for us.
All previous replies sent to us were highly valued and your opinion was extremely important to us.
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LEASE RENT
IS THIS CLAUSE OK
That this lease is granted for a period two years only commencing from 01/06/2010 to 30/05//2012, This lease maybe further extended only on mutual consent of both the parties, with a enhancement of the rent 10 % in the prevailing rent. However in case of extnsion of lease aa fresh agreemnt will be made and signed by the lessor and lessee.
Pls advice as asap