Ashish
24 April 2018 at 00:29
Hello, respected advocate/consultants
I have one question related to my personal life that I am facing. Will go step by step in order to understand easily.
1) Ram (name changed) purchased flat on loan in 2015. He got flat possession in the month of May 2016. After 2/3 months he changed his job and shifted to another city and gave flat on rent to known person (Mohan).
2) In December 2016 Ram got chance to complete his higher studies. So after discusing with Mohan, an idea comes. The idea was, Mohan will purchase the flat, But as he had no money to buy it in one stroke or any other way at that time. Then Mohan agreed to pay the loan installment (emi) regularly on behalf of Ram and remaing amount will be given to Ram,suppose 5 lakh. After one year Mohan will shift loan to his (Mohans) wifes account. (Mohan was private business person so difficult to was get home loan on his name).
3) Deal made orally as both was friends and that time dicided to do stamp paper documents (agreement) about the deal between them after 2 month or whenever they got time.
4) Mohan started paying installment from January 2017. After March 2017 mohan family got in crisis (new born baby) and Mohan wife left job. affter then Mohan was unable to pay installment regularly. He frequently missed the emi.
4) in December 2017 Ram got notice from bank as loan account went NPA. Bank order to pay NPA amount within 15 days. Somehow Ram adjusted some money by his own and pay to bank. Ram said Mohan to pay installment regularly. That time Mohan said I am in very much critical condition and cannot pay installment. You may sell flat to any other person, I will cooperate you accordingly.
4) Due to demonitisation (PM modi decision in November 2016) property rate drops suddenly and Ram not getting the customer giving rate such that he can paid up loan amount (property rate was below loan amount). But in April this month one customer became ready to pay only bank loan. Ram think that he can save himself from atleast bankruptcy. So tell about deal to Mohan.
5) Now Mohan has changed his stance and saying that unless he got the money he paid towads installment he will not vacant flat.
Please give me expert solution.
Abhishek
23 April 2018 at 20:40
‌Sir my father has a land which is inherited from my grandfather , 4 generations old and house in which was constructed by my father and uncle together . They have divided their farm land already 7yrs ago ,1) so question is whether it is my father's self acquired property or ancestral property & 2)we are 3 brother's ,I am the youngest and my parents live with me because my brother's are not willing to share responsibility. So whether my father can write me all the property or 50% of it if he wants as my brother's are threatening to take legal action considering it as ancestral property .3)There is a commercial land also in which he wants to give me the total front side .So whether it is possible if he wants to make a registered will . Can my brother's dispute his will ?
Milind
23 April 2018 at 18:59
Hello Sir,
My father owns a residential property at Delhi which as his share amongst total three brothers through inheritance.
Problem is that my uncle stole this property documents from my father and now he is claiming that he has managed to forge the documents and has transferred the property on his name, and is trying to sell off the property.
1) Is it possible for him to transfer the property like this by forging my father�s signature ?
2) Isn�t it necessary for my father to be present there in person if at all my father would want to transfer the property to anyone else ?
3) The property come under delhi development authority, is it possible for him to sell the property like this by forging the documents ?
4) Can we lodge a police complaint against the uncle and what can be his punishment for this act ?
Please try and guide us as we are too tensed.
tushar
23 April 2018 at 17:35
Our co op hsg soc situated in mumbai suburbs is under redevelopment process voluntarily. Terms with existing flat owners are finalised. Presently flat area is 600 sq ft carpet. Builder is giving certain additional area free of cost (25 %) and offering concessional rate for additional purchase area upto certain sqft. Few society flat owners want to convert their single flat into two different flats as they are getting additional free area and can buy certain additional area at concessional rates. This makes sense for them to make two 400 sq ft carpet (appx) flats after redevelopment. Builder has agreed to prepare two separate units out of such one unit to all flat owners who wish the same. However, we need to know whether this is leagally possible and what procedures are to be following by society as well as builder in order to register the flats as two separate units in govt. records and also in society records after redevelopment. The original purchase agreements and share certificates of single flats are either in single name or in joint names. Please guide...
Anonymous
23 April 2018 at 11:42
My brother and I were joint holders in SRA flat. We have got the possession of the flat. My brother has expired and his name is first and mine is second.
What is the procedure to transfer the flat in my name.
Shailesh Phillips
23 April 2018 at 11:20
Can a registered Private Family trust be admitted as a member of a co-operative Housing Society (in Mumbai)? The Bye-laws only mention that a Registered Public Trust can be admitted but is silent on any other type of Trusts.
Nitin Netke
22 April 2018 at 13:32
My Grand father had purchased land in 1978 but not registered it in Talathi office for long time, still it pending can be it registered now in Talathi office ?
Kaushal
22 April 2018 at 09:45
Dear sir I am secretary of my society since 2 years. Our building is under redevelopment. Committee members are against the policy of builder and I don't want to be with committee members so I tried to give resignation several time but managing committee did not accept it. So my questions are : 1 how can I resign from my post ? 2 Can I called a general meeting without support of chairman and other committee members and give resign ? 3 MC are also not calling GM so that can give resignation. 4 Can I call emergency meeting for short period notice without support of chairman and other committee members ? If yes whether any resolution passed in that meeting be legal ?
Anonymous
22 April 2018 at 09:40
I would like to understand that the legal process to transfer property from my deceased father to me provided my mother and my only sister agreed for this. At the time of my father died, my grandmother was alive so the my father's legal heir certificate has included my grand mother's name as my father's legal heir. Now she is no more. Currently still the death certificate for her is not yet taken and in the process.
But to transfer the property which my father bought is it necessary to have my grand mother's certificate? What is the usual process for transfering the property to legal heir?
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Land purchase by new charitable trust
Dear Sir
We have newly formed public charitable trust and would like to buy agriculture land to start the project. As per general guidelines, only farmer with 7/12 on his name can buy agriculture land.
Since the trust is newly formed, how can this trust be elgible to buy agriculture land on trust name. Kindly guide with relevant references to any govt rule as applicable Warm regards
Prasad