Anonymous
27 December 2009 at 11:18
sir,
me,my mother & my brother are the legal heir of my father's property after his demise in 2001 as per inheritence.
the land mutation record is in the name of my father which has not been transfered to our name till now.Now we found a good buyer and we want sell the groud floor of our dwelling house.municipality mutation is in our name and all the taxes are upto date including land tax.now can we sell the property without our name in the land revenue record?pls help
Anonymous
26 December 2009 at 22:24
Dear sir,
I would like to seek advice on the following queries regarding property from your panel of experts. We are residing in a new housing scheme in Pune having six buildings of four floors consisting of 32 flats in each building ie total 192 flats with amenities like parking, park, temple, gas pipe line, lift,inverter back up,Gym,comunity hall, etc. Now all the flat owners have taken the possession and builder has to form the society.Kindly give the advice and the expert openion on the following points.
1 Under which act society has to be formed since we want our right on
the land and other amenities provided on the said land.
2 Whether the society of individual building or whole scheme of six buildings jointly or one main society with sub societies of six buildings under the main society is advisable.
3 Whether the builder can keep his control over the temple and form a trust under his chairmanship or has to handover to society.
4 whether the builder has to hand over community hall and gym to the society or can keep under his control.
5 Whether the builder has to handover all the one time maintenance
amount taken by him in advance to the society with interest. What
amount he can deduct from the said amount while handing over
the same to the society.
6 Whether the builder is responsible or not for, to see that all the flat owners are getting sufficient water supply before formation of the society.
7 Can builder keep any right over any property of the housing scheme.
8 Which other things the flat owners have to see before the formation of the society to avoid disputes in future and any other advice they feel suitable for the benefit of flat owners.
Thanks and regards.
D.R.KONDAWAR
prabhat
26 December 2009 at 20:06
i have a property which has been in the adverse possession of some persons. now the property has been acquired under land acquisition act. who should get the compensation. the title deeds are in my name but the 'adverse possession' for the last 20 years is with someone else, as decided by the high court. in land revenue records the name of my predecessor in title is there but not that of the 'adverse possessor'.
Anonymous
26 December 2009 at 19:51
DEAR SIR ,
MY REAL SISTER( A GOVT SERVANT) PURCHASED A RESIDENTIAL PROPERTY IN PUNJAB IN YR 2005. THE ENTIRE LOAN HAS BEEN REPAYED WITHIN THREE YEARS AND NOW THE PROPERTY IS FREE FROM ANY MORTGAGE. SHE WANTS TO GIFT ME THE SAID PROPERTY . MARKET VALUE OF THE PROPERTY IS APPROX 13 LACS. PLEASE INTIMTATE IF SHE CAN GIFT ME THIS PROPERTY ?.
MY QUERY IS;-
A] CAN THE CONSIDERATION VALUE BE SHOWN AS ZERO . AND RELATED STAMP DUTY ON RS 13 LACS , TO THE GOVT CAN BE PAID BY ME ?
B] MY TAX LIABILITY AND ANY INTIMATION REQD TO BE GIVEN TO THE IT DEPTT?
C] WHETHER I CAN SELL MY PROPERTY AT LATER STAGES, AFTER RECEIVING IN GIFTED FORM AND MY CG TAX LIABILITY ON SALE OF THIS GIFTED PROPERTY.
Anonymous
26 December 2009 at 15:32
My father-in-law and his 3 brothers have their ansester's property. To sale this property, he is asking me to give NOC. Is it really required and under which act? If I deny, then will they be able to sale their property?
One more query: My father-in-law has three daughters, all married. One of the daughter is not ready to give NOC. In such case what he can do? Can he go ahead with selling of the property?
Please help.
Regards,
P.C. Joshi
26 December 2009 at 12:33
Dear Friends,
Can you pls advise what original douments should be there as title of immovable properties owned which consist of factory land,farm land, residential flats, plots and commercial flats/plots. So that if any original/doc is missing can be obtained from the registrar's office.
Regards,
P.C. Joshi
Anonymous
26 December 2009 at 10:47
Dear Experts,
A property from a widower comes to his Son-in-law{Got married to her ONLY daughter} (Property came to him, Not through any instrument like WILL or Gift etc., but just entering his name in the Revenue records in early 1950's; as not questioned , the title is perfected ? ),and even today his name is carried as a Pattedhar (Owner)in the Revenue records.What is this property is called "ANCESTRAL" or "SELF EARNED(OWNED)".
The person is dead now.He adopted one Male and one Female child.Can his Adopted Daughter ask for a share as she denied share by her Father through a WILL , writes all the property on the name of his Adopted Son?
With regards and Thanking you All in anticipation of an early reply!
anand
26 December 2009 at 09:24
Sir,
I am living in Thane,Maharashtra.I had purchased a 1 BHK flat on Ghodbunder Road. The project is to be executed in 2 phases.A 7 story bldg. in which I reside is in First Phase and three 18 story towers in 2nd phase. I had taken the possession on 6-3-08 and paid 18 months maintenance at the rate of Rs.2.25 psf. in advance to builder.The 2nd phase is not yet complete and society is not yet formed by builder.Now the builder has sent a notice for paying next 18 months maintenance charges amounting Rs.35057(Rs.3 psf instead of Rs.2.25 psf as stated in Sale deed Agreement)stating increase in maintenance charges and details of which shall be provided at the time of handover to society.
In the sale Deed and the registry that we have executed, which is totally one sided and has the conditions that the builder is the only arbitrator and what ever decision he takes w.r.t. maintenance will be binding to us. He is the only person to finalise the maintenance and to decide the maintenance charges.
1.Is there any support from the Maharashtra apartment Ownership Act which mentions that the builder should handover the possession to the society though the 2nd phase is not complete.Can we form a society and take over maintenance?
2. What should be my course of action?. Should I pay maintenance at the rate of Rs.2.25 psf as agreed in Sale deed instead of Rs.3 as demanded by the builder till he forms the society and hand over details.If the demand by builder is genuine, I can pay the difference at the time of society formation.But builder is demanding 18%p.a. late charges for any delay.
3. Also builder is charging 2 lacs for open parking and selling it to members without any agreement.Is it legal for him to sell open parking?can I purchase parking after society formation or just pay monthly rent to society.
Please advice.
Anonymous
25 December 2009 at 20:43
Dear Experts of the forum,
A person/ Kowldhar Mr."A", without Title( Neither purchased from the Pattedhar {Owner} nor got any right from Revenue authorities) on the land sells the land to Mr."B" through an Unregistered sale Deed made on Rs.5/- stamp paper in the year in the year 1980.And after expiry ( Death ) of the seller a GPA is taken from his children on a Rs.10/- stamp paper and registered the same with local SRO in the year 1988 by Mr. "B" ,and leases the land to a third party for commercial activity. Is this action of Mr."B" is lawful?
under the above condition can the pattedhar{Owner}, claim his rights against Mr."B"?
The problem pertains to State of A.P.
Thank you ALL in advance.
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Transfer of deceased husband's property to wife's name
Sir,
My husband expired three months back. He made a will in May,2001 in which he mentioned me, his wife, to acquire all that belongs to him after his death. At that time he owned a house in Vizag. He sold it and later purchased the one in which we were staying and I am presently staying. This is located in AWHO Colony, Sector"C", Secunderabad. I applied for transfer of the same to my name and AWHCS Ltd. has issued a NOC to the effect. Do I need to reregister the same in my name? If so how much would it cost for registration? It is from husband to wife and no third party is involved. Please advise. Thank you.