Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Harsh   19 June 2009 at 13:27

Tenanted property

We are tenants of a property since a couple of yrs infact decades. We receive the rent receipts in the name of the individual partners then. Before and after the retirement of the partner also the rent was being paid by the partnership firm with existing partners. This has been going on since couple of years(decades). We also have a dissolution deed of the retired partner and a letter stating that he has no right over the properties or business henceforth. Can the legal heirs of the retired partners create confusion or can the builder who intends to develop the property create confusion of any sort?

john   18 June 2009 at 17:07

Ancestral Property in my fathers name would go to my daughte

I am a Christian.My wife I were separated for 2years.Jan'09 she filed dowry harassment against me and family.We have one daughter.I have no property in my name.If I go for divorce,any share in my father's property will go to my daughter. My father's got this property through my grandfather's by WILL.
Please Advise.

MANISH MITTAL   18 June 2009 at 14:58

STAMP DUTY AND OWNERSHIP OF PROPERTY

A property is belonging to a partnership firm having 3 partners. after some time one of partners retire from partnership and settle their capital account in cash and other new partner is introducted. the retirement and admissision partnership deed is registered at registrar of firms but no information is givin to sub-registar office of immovable property of state. whether the remaining partners can sell, mortgage such property without singing of retire partners. if yes, which partner will be sing at the time of mortgage at FIs.

Rajiv Kumar Singh   17 June 2009 at 22:40

ancestral property inheritance

I am from Hindu family.

My mother and my mother’s sister are only two child of my maternal grandfather (my mother's father). My maternal grandfather (my mother's father) have ancestral property which he is in process of selling to third party without informing my mother and we assume the price money can been transferred to my mother’s sister.

Can my mother claim right on the property or money that my maternal grandfather (my mother's father) gets in the process of selling the property.

Can we stop this sale and ask for 50% of the stake in property or the money received in the process of sale.

We are apprehensive that my mother’s sister can influence my maternal grandfather (my mother's father) to will all his property or money generated in the sale of ancestral property in her name alone.

mohd faseehuddin   17 June 2009 at 17:05

flat in the cellar

Dear Sir,
There is a flat in the cellar meant for parking. the builder did not take sanction of cellar but we are using it for the last 10 years as parking. there is one flat in the parking.after repeated requests and representations the ghmc came and demolished a wall of the said flat. but due to political pressure they stopped the demolishing. this flat is also un authorize. flat owner lawyer applied for BPS. how can ghmc accepted the BPS. as BPS is not applicable to area meant for parking then how they accept BPS for cellar flat which too is un authorise.. our cellar is 3+ feet from road level. out apartment is g+2 the are of our plot is 380 sq yards.
we filed writ petition in H.C . Hon H.C issued directives to GHMC to take action with in 6 weeks but no action even after 12 week. the GHMC i feel thinking in terms to regularization can they do ignoring H.C orders. what should we do in what is the merit of our case. how do they define cellar is it ok if it is 3+ feet from road.
please advise us. urgently please.
warm regards.
secretry coop society of apartment. if you need more details i can submit the same.

Nehal   17 June 2009 at 15:25

Issue of power of attorney

Dear All

I need clarification on following points with regard to issue of power of attorney:

1. Can one person issue a single power of attorney in favour of two or more persons with respect to the same property so that in case of non availability of one of the attorney holders, the other holder can do the transaction OR is the giving of power in favour of one or more persons for the same property invalid?

2. Also if a person is giving a power of attorney to his brother/s, then what is the amount of stamp duty payable for the said purpose?

3. If the power is given for dealing with two or more properties and other business aspects also, then how much stamp duty would be payable?

Nehal Shah

Nehal   17 June 2009 at 15:22

Issue of power of attorney

Dear All

I need clarification on following points with regard to issue of power of attorney:

1. Can one person issue a single power of attorney in favour of two or more persons with respect to the same property so that in case of non availability of one of the attorney holders, the other holder can do the transaction OR is the giving of power in favour of one or more persons for the same property invalid?

2. Also if a person is giving a power of attorney to his brother/s, then what is the amount of stamp duty payable for the said purpose?

3. If the power is given for dealing with two or more properties and other business aspects also, then how much stamp duty would be payable?

Nehal Shah

mohd faseehuddin   17 June 2009 at 14:16

flat in the cellar

I am secretary of the Apartment. the builder took santion G+2. but contructed cellar 3+feet from road level. he constructed one flat in the cellar. this cellar is purchased by one trader. the builder did not take permission for cellar for parking but sold the left over area after constructing a flat to the 4 owner out of 6 owners. two owner do not have parking space.
i as a secretary made several representation to GHMC. at last they came and demolish from wall of the flat and left two room as they got some political pressure. the owner covered the demolished wall with bamboo mesh.we filed writ in ap high court. the honorable judge disposed our writ with directives to the GHMC to take action with in 6 weeks. but not action even after 12 weeks. the flat owner lawyer after our writ applied for BPS. the flat is un authorize as well as cellar. where we stand. why ghmc did not reject their BPS application. please advise. if we file contempt of court will it work. please advise what shall we do now. regards. mohd faseehuddin, secretary

sachin deshpande   16 June 2009 at 19:21

sale/lease of forest land

is it possible sell or lease private forest land coverd by indian forst act1927(section applied is 35 of above mentioned act)notified by karanataka goverment as private forest land

muthusamy   16 June 2009 at 09:40

interpretaion of statement in the will

My father has stated in his will , "After having allotted properties individually as above ( in this will) which each individual will get after my life time, if there are properties left out in this will and the properties that I would acquire in my life time will belong equally among the five sons of my second wife"

Really, my father purchased a house with vacant land, in his name.

Now there being litigation about the left out properties among the brothers,the matter is now in the court.

My brothers" lawer interprets in the statement of my brother that since the property is not mentioned in the will( incidently it cannot be shown in the will, being purchased after writing the will} the property is indestate property.

Waiting for learned lawers guidance in this regard. Is the property intestate or testamentary.