Anonymous
07 January 2010 at 19:05
I want to buy a property(land) from a seller and this land has exchanged 5 hands before ithe seller has bought it. In the process one of the first owners of the land were minors and their guardian was their father. While selling the property the father has put the reason for selling that the property is that money will be used for their educational purposes in the sale deed. there is no court order when the sale was done. this was not verified by the previous 2 owners who had bought the property. I want to know if the minors when they become major will they have claim to the property. What are the options that i have in trying to dealing with this legaly. I dont know who the owners are and this sale from guardian was done 15 years back.
Can i get a court order now
I also heard that the minors can claim only till the point they are 21 years of age. Is this true?
Please advise
Aditya R khandelwal
07 January 2010 at 14:24
WEL I PURCHASED A LAND 10 YEAR BACK.....THE PREVIOUS OWNER HAS GIVEN ME THE "REGISTERED SELL AGREEMENT" OF THE LAND IN MY FAVOUR.ALSO THE "REGISTERED POWER OF ATTORNEY" WAS BEING ISSUED BY PREVIOUS OWNER BUT IT IS IN FAVOUR OF MY ELDER BROTHER, I HAV GIVEN ALL THE MONEY OF THE LAND 10 YEARS BACK TO THE PREVIOUS OWNER. THE PREVIOUS OWNER ALSO ISSUED "REGISTERED WILL" IN FAVOUR OF ME.NOW 3 YEARS BACK THE PREVIOUS OWNER DIES."THE SALE AGREEMENT" AND "THE REGISTERED POWER OF ATTORNEY" AND "THE REGISTERED WILL"WERE ISSUED ON THE SAME DATE.CAN I SELL THE LAND WIDOUT INVOLVING MY BROTHER IN IT????I STAYS IN ALWAR IN RAJASTHAN.
IMPORTANT NOTE TO ALL OF YOU EXPERTS . DEAR ALL SIR THE SALE AGREEMENT IS A "REGISTERED SALE AGREEMENT" i.e. it is notary attested by the previous owner in favour of me. AND ALSO I HAV THE "REGISTERED PAYMENT SLIP" in Hindi we cal it as "BHARPAI RECEIPT" it is also notary attested ON Rs. 10 STAMP PAPER IN THAT SLIP ALL THE PAYMENT WHICH IS BEING PAID BY US TO THE PREVIOUS OWNER IS MENTIONED.THE WITNESS IN THE "REGISTERED PAYMENT SLIP" ARE THE 4 SONS OF THE PREV. OWNER.THE REGISTERED WILL IS ALSO notary attested by the previous owner itself. Now can i sell The land and on what basis? Either on the basis of REGISTERED WILL or On The Basis OF REGISTERED SALE AGREEMENT. And also Is it Necessary to Get probate? which i am not in favour of making as it might create problem if the Son of previous owner try to create for me.
Aditya R khandelwal
07 January 2010 at 10:11
WEL I PURCHASED A LAND 10 YEAR BACK.....THE PREVIOUS OWNER HAS GIVEN ME THE "REGISTERED SELL AGREEMENT" OF THE LAND IN MY FAVOUR.ALSO THE "REGISTERED POWER OF ATTORNEY" WAS BEING ISSUED BY PREVIOUS OWNER BUT IT IS IN FAVOUR OF MY ELDER BROTHER, I HAV GIVEN ALL THE MONEY OF THE LAND 10 YEARS BACK TO THE PREVIOUS OWNER. THE PREVIOUS OWNER ALSO ISSUED "REGISTERED WILL" IN FAVOUR OF ME.NOW 3 YEARS BACK THE PREVIOUS OWNER DIES."THE SALE AGREEMENT" AND "THE REGISTERED POWER OF ATTORNEY" AND "THE REGISTERED WILL"WERE ISSUED ON THE SAME DATE.CAN I SELL THE LAND WIDOUT RECEIVING PROBATE AND WIDOUT INVOLVING MY BROTHER IN IT???? I STAYS IN A SMALL TOWN IN JHALAWAR IN RAJASTHAN.
Ganesh
07 January 2010 at 09:29
A land was allotted by the district rehabilitation officer to one person he cultivated the land for 10 years the 7/12 extract also showed his name for 12 years. After 12 years district rehabilitation officer informed that the land was wrongly allotted to you and it is allotted to some other person from now. The matter was decided by district court. The case was lost and the court ordered to return the land the person designated by the district rehabilitation officer.
The matter went in appeal in the high court. The court dismissed the petition and ordered to submit allotment letter and then make a fresh application.
What would be the status if the land is still cultivated by the original person.
Does the other person requires to bring a execution order to get the land.
Should the person holding the land return the land to the other person or what he must do.
Anonymous
07 January 2010 at 03:26
Dear Sir,
There is ten acres Agri land in a village of Karnataka It is inherited land(Now standing barren) and this land is been used by tenant for 60 years and all the documents in Khata are in dad's name priorly and now the same is been transferred in My & my brothers and sisters name. We have taken a petty loan of Rs 50000/- from a bank just to safeguard the property. Now the tenant has lodged a complaiant to tashildar that the land should be of him only and nobody's else.
Kindly let us know the measures to be taken by us so that the land should be in our name only. Also let us know the exact law relating to this. Also provide the process of sale of the land if done by us what are the documents to be taken to safe guard the sale to outsider to collect correctly the sale proceeds.
Thanks in advance.
Please mail to maheshkulkarni29@gmail.com
Regards,
Mahesh Kulkarni.
krishnamohan
06 January 2010 at 22:19
hello sir i have given money for a property and did not registered it, and person has recieved the money one lac and signed in white paper , not stamp paper, now she is not registereing me the prperty she is not ready to sign in the stamp paper for registration , and asking me for more money , she is an retd govt servant, having pension, can i sue any against her, for giving back my money or do my registration for the property
krishnamohan
06 January 2010 at 21:32
iwant to know whether a mother gave registrated his prperty to his children whehter she can cancel it and i want to know the law points can used for that
Anonymous
06 January 2010 at 17:22
Dear Experts,
We have a small land property in Bangalore(reputed Area). Same land is owned by two peoples i.e in the name of Mr.Ganesh (My Father)&in the name of Mr.Venkatesh (my neighbor). They got only photostat copy of property but not original & this is 22 yrs old property also agreement made last 22yrs back only.
Now my Father want it to separate the agreement means he want build a house in his place but it is not possible coz still land is not registered .
The Fellow Mr.Venkatesh is refusing to separate the agreement. For this he is giving reason that Registration for that Area is stopped.
1)In this case what Mr.Ganesh has to do ?
2)Mr.Ganesh need original agreement copy is it available with the Sub-registrar office ?
3)Is Registration is stopped in Banashankari 3rd stage Area.
I hope you will give me solution for above problem.
Expecting you reply
Naresh
Anonymous
05 January 2010 at 22:37
5th January 2010, Bangalore
This matter is regarding to a property where I have been living since 1972
This property was built by my Mothers Brother (will call him Joe) in 1964 and he was a bachelor, he died a Bachelor in 1982 and unfortunately did not make any Will regarding the property
My mother’s side consisted of 3 Brothers (Mike, Joe & Pat) & 5 Sisters (Jay, Mar, Eliz, SrA, Mel, & Emil (and none of them are alive today)
The entire property which has 2 separate ground floor units was rented out by my uncle Joe until 1972,
Emil’s Family (My Mother) moved in to a part of the Ground floor unit around the year 1971 & then Joe constructed a further First floor in 1972,
Emil’s Family moved in to the entire first floor portion has been living in the first floor since then
Later Pat’s Second wife & family along with Pat moved into the ground floor unit where Emil was living earlier.
In 1982 when Joe passed away with out making any Will or Deed regarding the Property
All the Brothers & Sisters of Joe who were alive at that time had a discussion and decided that Pat will collect the rent for the remaining unit of the Ground floor & Emil had no objection in this regard
After some Months another Sisters of Joe (SrA) passed away
At this point there were only Mike, Pat, Emil & Mel who were alive
The remaining Brothers & Sister of Joe decided that it would be good to have some legal papers regarding the property, and went in to create something in the line of a GPA,
However in the document my Mothers name (Emil) was not included as one of the GPA and my mother insisted that her name be included, as she felt insecure since the document mentioned that Mel & Mike will be the people who will have the GPA over the property
A case was file against Emil by the rest & after a some years of legal battle the case was dismissed & no one took any interest regarding the property
Now after some years non of Joe’s Brothers or sisters are alive (Mike, Pat, Emil & Mel all passed away)
The house tax is still being paid in the name of Joe & there are no legal documents regarding the property
I & my Younger Sister are still living in the First floor
Pats family is living in the Ground floor and collecting Rent
After the death of Joe’s Brothers & sisters ,Pats elder Son started to claim that he is the Owner of the Property and created serious problems to his Mother & Brother and as a result Pats Mother & Younger Son moved to another house
Of late Pats elder Son claims that he is the Owner of the Property & has been getting drunk with Alcohol & behaving violently and has threatened to kill my sister & my Family
Last month Pats Son started to behave very violently and we called the Police Station & the Night patrol Police took him to the station & kept him there for a while and we filled a form at the police station stating the matter about his misbehavior, and later that night the younger son of Pat asked us not to file a case against his elder brother, So we had a compromise with an understanding that we will not be distributed or troubled in future
Recently Pat Elder sons Wife & Children has moved out of the House at the Moment as he has been beating his wife & Children under the influence of alcohol.
1. I would need advice on how I will be in better position to safe guard my family & myself as I return home late in the Night after my work and feel threatened and the necessary steps or precaution that I need to take incase anything happens for the WORST.
2. How I would be able to bring an end to this Property matter, without getting into any kind of misunderstanding with the rest of the share holders
3. Who would be the Right people that I would need to approach
4. Where & what kind of legal information I would need to refer to get a more better understanding of my current situation
“PLEASE ADVICE & HELP NEEDED AT THE EARLIEST.”
Thank you for your Support in advance
P.S. If I have overlooked or missed any information or details that will be helpful to you & me please email me & I would be glad to provide them
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