Ritesh Panchal
22 May 2019 at 14:40
Dear Sir/Madam,
I've property at Karjat in name of my wife. Nowadays, I have to transfer it in my name.
Which way is beneficial i.e.gift deed or transfer deed to transfer it without paying stamp duty ?
Kindly advise.
Anonymous
22 May 2019 at 13:12
Can the co applicant cum co owner name be removed from agreement as well as home loan. If yes, what is the procedure
Pankaj
22 May 2019 at 12:08
Dear Sirs,
I applied for mutation of property on the basis of registered will local municipal office. Municipal office cleared the file and was about to give me documents. But now my brother has approached collector and he has kept my process on hold. What should I do now??
sandip shah
22 May 2019 at 00:09
i am a married woman. i have 1 brother and 1 sister. i own a flat in cooperative hsg society at mumbai. the flat is in joint name, first name my self and second name my mother.
my mother has appointed me as her nominee for 100 % share of her share in the joint ownership flat.
now my mother is died and i wish to remove her name from share certificate of society.
my query is
1) do i need to submit DEED OF RELEASE by brother and sister for same?
2) if yes, does it need registered at registrar office
3) what amount stamp paper is require for deed of release?
pls guide
sandip shah
Krishna
21 May 2019 at 15:42
Hi Experts,
My Father's property of Independent house in a land of 300 sq yards has been in the name of him.As unfortunately he has expired before 15 yrs, we (Myself,Mother,Brother and Sister) applied for Mutation document for constructing a new house. And we have recently obtained "Mutation document".
However, When I have approached the bank for Home loan,they are asking for Sale deed in my name.
Please let me know how to proceed further.
Thanks in advance.
ravi
20 May 2019 at 02:14
i am bmc tenant staying in a bmc owned building at wadala west made in 1965 ,the building was declared diplated in 2011 an undertaking was given in high courtbby bmc of making redevelopment on same plot in 2016 .on which they will provide an alternate accomadation in mahul we did not accept the alternate premises as mahul goan in chembur is declared unfit for human residing plus it doesnt come in the surrouning area of our original living area as per bmc circular .and filed a case in HC , later bmc provides us alterante accomdation at maitri park chembur , and we have given undertaking regards that we will shift temporarily till redvelpoment process is due done but now bmc submits a review petition in 2018 decalring no redevelopment can be done as lack fsi due to 2034 new dp plan .
after challenging thier(bmc) review pettition, where the court rejected bmc submission saying giving an directed order "as per earlier declaration bmc has to redevelop and give tenants at same place". but as we have given undertaking of shifting to alternate accomdation , we are afraid after shifting and demolition of our building ,will we be able to shift back to our old premises , what can be done to bound bmc for our sureity , and can we challenge our undertaking declaration on any other remedy please suggest to safegauard our rights ,
anil
20 May 2019 at 01:21
Respected Sir ? Madam
does the bayana get forfeited by default if the buyer fails to honor the initial agreement to sale ? or does it have to be in the clauses of the sale agreement ?? ... . . we r to sell our house. the buyer has paid nothing apart from the bayana.the 6 months period is going to expire on the 6th of june 2019. . he says he does not have adequate money and will pay when he has the money. how long do we wait ?? how shall we approach this now. what options do we have ?? the agreement to sale has interest and penalty (but no rate of interest and penalty specified) clause but nothing pertaining to forfeiture.
reading some articles about the matter i gather that it is advisable to mark our presence at the 'Office of the Registrar'. . . however they have not given us the copy of the agreement to us. .. ( it was around 8.30 pm when we had signed the papers. they said that they will give the copy next day but havent given it till this day. for a month or so they bought time saying 2 days 2 days. after that they have outrightly rejected to give a copy of the agreement. ) do we need to have the copy of agreement when we go to the registrar's office ?? .. .. the buyer has not signed anywhere on the agreement. his name, address are mentioned but he has signed nowhere. . .only we have signed . . is this normal practice ?? looking forward to some guidance .
thank you. anil kumar malhotra
Anonymous
19 May 2019 at 02:23
Dear sir /madam
I m son of a divorced parents. At the time of divorce my custody was given to my father. I was 5 yrs old then. Nw I m 41. At present due to unavoidable conditions my wife n I are taking a divorce on mutual consent. I have 3 children from my wife. Nw I think that I ll remarry someone else after divorce n so will my wife. My query is that does the children from previous wife any rights on the property of my mother who was divorced by my father as I lived with my father as per the court's decision. Secondly, even after my remarriage will they have the same rights as my children from second marriage. Is there any way to prevent them from claiming if they have the right. Because I want the property given to me by my divorced mother to b given to my second wife n her children. Kindly advise. Thanks
Gourang M Haldipur
19 May 2019 at 00:36
My uncle living in USA had filed an FDP against 13 members of the family through his power of attorney who happens to be a stranger to our family. The property involved in the FDP is a dwelling house belonging to the joint family. About 6 months after filing of the FDP, my uncle and 8 other members of the famlily surreptitiously sold their undivided shares to the POA of my uncle without the knowledge of 4 other contesting defendants and without court permission in the year 2011. The stranger purchaser waited for 3 years from 2011 to 2014 and filed an application in 2014 to implead himself as plaintiff no:2. His prayer was rejected. He moved the High Court and the High Court permitted him to be impleaded as defendant no:14 and not as plaintiff no:2. I moved the Supreme Court against this order. At the time of grant of leave, Justice Pinaki Chandra Ghosh was of the considered opinion that as the sole plaintiff and 9 defendants have sold their shares, the FDP is not maintainable. His Lordship advised my counsel that instead of keeping the matter pending in the SC, it would be advisable to file an application in the trial court and get the FDP dismissed as not maintainable.His Lordship was also of the opinion that the only recourse available to the stranger purchaser is to file a suit for general partition and possession. Based on the opinion of Justice Ghosh, the SLP was withdrawn. An interim application was moved before the trial court seeking the dismissal of the FDP as being not maintainable on several grounds including the grounds mentioned by Justice Ghosh. The trial court dismissed my application on the ground that since the FDP is only to partition the shares as per preliminary decree, the FDP is maintainable not withstanding the fact that the 14th defendant.is a stranger. My advocate had given 3 decisions of the High Courts and 1 of the SC in support of my application. These decisions do not even find a mention in the order. Kindly advise how to proceed in the matter.
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