Anonymous
21 February 2010 at 13:48
My mother was the owner of a flat in a housing society. She became the owner by virtue of being a nominee of my deceased father who was the original allottee of the flat. My mother died in 2002. I am the nominee for the flat now. I have two questions:
1. Is there a time limit for a nominee to apply for the trasnfer of the flat in his name? It has already been 8 years since her death, but i have not yet applied for the transfer.
2. As per the laws of the society, a member of the society (including spouse, dependent children)should not have acquired any property in the city. Prior to my mother's death in 1998, i had purchased a flat elsewhere and had disposed the flat using a GPA (since outright sale was not allowed). The purchaser of MY flat has yet not had the flat transferred in his name although a proper agreement to sell was executed. Now, I wish to have my mother's flat transferred to my name (since i am the nominee). Can the society now refuse to transfer the flat in my name, since i had earlier acquired another flat in my name? If so, who gets ownership of the flat. I only have one sister, who also owns her own flat.
Please guide. Thank you
Anonymous
21 February 2010 at 12:32
i buy flat on ground floor 700 sq feet but on ground floor balcony is not shown on sanctioned plan but i requiested to builder to construct otta / balcony after that area is increased by 30 sq feet builder write total room sizes with otta / balcony size in agreement for sale is 730 sq feet. builder construct otta & handover the flat to me after that i fixes grill on otta / balcony & used from 1year.but after that my differences is creat with builder on maintenance amount . can i take actioned against on builder in consumer court for providing & constructing otta / balcony .
Anonymous
21 February 2010 at 09:19
sir,
if there are partition in the property between two brothers and one of them want to sell his portion, does he requires to offer his brother first or he can sell it to third party?whether the other brother can exercise right of pre-emption?whether right of pre-emption or first offer applies only if it is specifically written in the partion deed or sale deed or else? if two brother has got their portion from their father through sale deed,whether it constitute the partion as well?any extra partition deed rquired or not?
Anonymous
20 February 2010 at 17:06
my grandfather died without will. My uncle was trying to sell the property of my grandfather without giving the share of my father. so father took an injucntion order. this happened 13 years ago and now both my uncle and father are no more. now legal heirs of both have decided to sell the property and take the share equally as per the law of succession. the lawyer of the buyer [who is ready to purchase the property]is asking about the status of injunction order. we dont know about it. how to cancel it? or solution to the problem.
VM
20 February 2010 at 14:11
After the demaise of my father, my elder brother tactfully got the flat transfered in his name via some kind of a nomination papers. Now my brother is denying me my right of 50% share saying he is now the full owner of the flat and also have captured the flat in full and not allowing me any access at all.
What remedy & process I need to do,to get back my rights over the flat and the possesion.
Pls advise.
mahendra
20 February 2010 at 13:40
Mr. X purchased a household flat in the year March-2000. He paid stamp duty at the prescribed rate at the time of execution of Sale Deed. The Sale Deed However, not registered with Sub-registrar in Mumbai-Suburban (Cost Rs. 6 lacs). The Seller also not registerd with Sub Registrar. However, the original owner of the flat (from whom the seller bought the flat) has registered the flat with Sub registrar in the year 1986.
1) What is the procedure to be followed and cost involved in registering the flat now by Mr. X.
2) What are the consequences if the flat is not registered and Mr. X wants to sale the same today.
Please advise.
Anonymous
20 February 2010 at 09:50
My building went it for a platering works were society has demanded 40,000/- in installment from each tenant. this was for April 2007 to March 2009, later on society also passed a resoulution of Rs.500/- monthly penalty for late payment instalment. Due to financial obligation some of the tenants delayed in making the payment, . society is demanding a penalty of Rs. 500/- monthly for the delayed instalment.
i have made the entire 40,000/- on 1 sept 2008 for the period 1 april 2007 to 31 march 2009. though before the commencement of plastering work. The society is demanding 5000/-penalty for the delayed in instalment. They are also threating to send 3 notice and then will force the registrar to take charges and with this they shall have the right to seal my property as they have informed. kindly advice what should i do. when i get the 1st notice and then there after.
Anonymous
20 February 2010 at 03:52
hi iam the plaintiff
its civil partition suit defendants given forged will as evidence ,court directed for handwriting expert on record and judge has received the report saying that the disputed signature not done by the person who signature done in admitted signature ,and disputed signature seems to be suspicious and copy .
my question is now the "will" must be false evidence ?
for false evidence on record is punishable if so under which sec..
best regards
Agr
Anonymous
19 February 2010 at 17:50
(a) My name is Mahesh. My age is 35 years. My father is 75 and mother is 65.
(b) My father has built a house from his own generated / produced income. And it is in his name now.
(c) My father's wish is that the house should go to my mother after his death and should come to me after my mother's death. This is because, I am looking after my parents in their old age.
(d) But my father says he is not interested in making a WILL due to some or the other reason. He is interested in any other alternative.
(e) I have one brother and three sisters.
(f) I am worried assuming that there may be legal possibilities / rights for my brother or sisters to go to court after my parents death to ask for a share in the house.
(g) Hence please give me a solution other than making a WILL. For example, Can the house be jointly registered in three people names, my parent's name plus my name? etc.
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Sale Deed made by 92 year old man with close relatives as wi
1) A man had five sons. A Sale Deed was made in 2000, when this man was 92 years old whereby he is selling a plot with house to one of his sons with two of his other sons i.e. very close relatives as the two witnesses. The old man dies at the age of 93 years old in 2001. The market value of the plot at the time of Sale was Rs. 5 lakhs, while the Sale Deed was made for Rs. 1 lakh only.
2) The man had five sons. The remaining two sons were not aware of this Sale.
3) Recently the mother died in 2009 and this is when the remaining two sons came to know of this sale done in 2000. The current market value of the plot and house is Rs. 20 lakhs.
My query is:
1) Can the remaining two brothers now file a case in Court to declare this Sale as null and void based on the below facts?
i) The man was a totally illiterate person.
ii) He was 92 years old when he made the Sale Deed.
iii) The witnesses are very close relatives.
iv) The market value mentioned in the Sale Deed was 20 percent of the actual market value when the Sale was made.
v) The three brothers have colluded to disinherit the remaining two brothers of their share in their father's properties.
Thanks in advance.
Clayton M. B.Tech., IIT, Mumbai