Anonymous
14 April 2018 at 14:53
• 4 brothers A, B, C, D jointly bought 6 grounds and made an unregistered partition deed amongst themselves, marking their individual partitions as “A”, “B”, “C”, “D” (1.5 grounds each)
• Using this partition deed, B & D got CMDA approvals and built houses in their marked partitions, viz. in “B” & “D” respectively - 30 years back
• A & C did not build any house in their portions. So “A” & “C” are still vacant
• D’s family has been living in the first floor of the house built by D
• As C did not build a house, C and his family moved into the ground floor of the house built by D
• D was paying property+water tax, EB for entire house as these were on his name
• A few years back, D died in a road accident
• With Legal Heir certificate, E (wife of D) transferred property+water tax, EB, etc on to her name
• E also registered a Release Deed from her sons, transferring their portion to her.
This Release Deed clearly describes the partition deed, her partitioned plot,
CMDA approval for building the house & her full ownership of the property
in “D”
• E also applied and got a Patta for “D”, citing the Registered Release Deed, Legal Heir Certificate, Property/water tax/EB receipts, on to her name
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• E wants to sell the house, but C, who is living in the Ground Floor of “D”, is objecting to this and is not ready for any settlement, claiming it’s a joint property and E cannot sell it without NOC from A,B and C.
Questions
1. If E puts a case to evict C, how long it will take to come to a result? How many years such cases normally take?
2. Can E sell the house on ‘as-is-where-is’ basis and ask the buyer to take the risk? After the sale, will E be still accountable if the buyer tries to evict C by force?
3. Can E disconnect the utilities (water, electricity) to the house, forcing C to vacate? If C goes to police, can E say C is a trespasser/squatter and ascertain her rights?
4. Can E obtain demolition certificate from CMDA saying that she wants to reconstruct the house giving the reconstruction plan. After obtaining the demolition approval, can E start demolishing the house forcing C to vacate? Will C be in a position to give a criminal complaint against E?
gautam
14 April 2018 at 14:46
hi.. I am residing at Ghatkopar Mumbai . I purchased 2BHK flat in housing society in 1999,. I have all documents of sale deed between me and first owner. The first owner was tenant in chawl where new building is constructed. the agreement between first owner and developer was dated December 1983. they had given original document for registration at old custom house , Mumbai. At the time when I purchased flat in year 1999... the first owner gave me copy of document and registration receipt and at that time no body in our society had got original registered document from registration office as all documents at that time used to go to Pune. so I was having only original registration receipt of previous agreement. in 2012 when all member were collecting their original document from office ..I found that my receipt for same was lost so I could not get my original previous agreement . now I have share certificate in my name, I have my all sale deed agreement with previous owner duly registered. our society has got conveyance too. I want to know if I want to sell my flat now.. is my tittle is clear? what I have is share certificate and my registered sale deed with previous owner in 1999 but what I don't have is original registered previous document of 1983 as I have lost receipt of same and don't have xerox of that receipt too so I don't have document number and registration date. please guide me...thank you.
Gourang M Haldipur
13 April 2018 at 23:21
If a stranger purchaser purchases the undivided shares in a HUF immovable property, is there any time limit fixed by law for him to file a suit for general partition and possession against those coparceners who have not sold their undivided shares.I am told that the stranger purchaser has to file such a suit within 6 years from the date of his purchase of the undivided shares. Kindly guide.
Anonymous
13 April 2018 at 14:28
What should be the amalgamations charges of two land by municipality and what will be the amalgamations cancellation charge if something goes wrong..we don't know anything about it and some government officials claiming too much money.. don't know what to do
Mehta
13 April 2018 at 11:47
On making inquiry with Sub-registrar, Mumbai City office about registration status of conveyance deed filed for registration in May 1995 is showing pending in their record, in this case how can we withdraw / cancel the unregistered conveyance deed ? Please advise.
srinivasarao
13 April 2018 at 11:04
sir, i am planning to buy agriculture land in rural area from my cousin who is an NRI..he inherited said land from his mother after her demise.. i was told selling agriculture land does not attract capital gains.please clarify what precautions should i take as he is NRI.
Anonymous
12 April 2018 at 09:31
I am buying a new property which is donated as gift deed to the owner. All the powers are given to the owner but it is not mentioned she can sell or transfer the property in the deed.Is it necessary to mention the point of sale of property in the deed . Bank is denying to approve the home loan due to this reason and bank lawyer said deed may cancel in future. Please give suggestions and law of cancellation of gift deed.
Anonymous
12 April 2018 at 09:26
I live in a joint family. My husband owns the land and the property title papers is in his name. However, my parents in law and brother in law have paid for building the home . My husband has paid 40% , father in law -30% and brother in law -30% towards building the home. Recently due to disagreements and family politics we were ill treated and locked out of our own home. What legal recourse do we have to evict our brother in law and parent in laws from that home?
Balasubramanian R
12 April 2018 at 08:39
I need a clarification on the following: One flat is owned by my son and his wife in Bangalore. Both of them are NRIs. Both of them have given me power of attorney to sell the flat. What would be the stamp duty for registration of POA ?. Whether any stamp duty paid while registering the POA can be adjusted while registering the sale deed. I understand that I have to pay now 5 % duty on my daughter-in-law share of 50% of guidance value. I would like to know that this stamp duty on POA can be adjusted against the stamp duty at the time of sale deed registration. Please advice me. Please also give reference to Karnataka Stamp Act or any clarification given by Government. Thanks and regards.
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Tenants rights in redeveopment of property
My chawl is located in Thane District. Its almost 100 yrs old with 8 tenants 300 sqft house each and was owned by a TRUST. Recently the trust has given the rent collection and redevelopment rights to a Builder. The builder now interested in redeveloping however he is asking us to take cash and move out or giving space in some other locality which is far away. We need your support to understand our rights, My Questions: 1) Is 390sqft ok or we can ask for more - around 450 ? . 2) We do not want to move out of our current locality and need developed flats at same space.. what should be our stand ? 3) what are our rights in such case ? 4) builder is asking us to pay development charges for the area which we currently occupy.. is that fair ask ? 5) we have told them that we need 390 carpet MIN and whoever needs extra can pay additional.