Amit
05 April 2018 at 10:48
This case is from Mumbai suburban area (Andheri). A developer constructed a residential building in 1998-2000 with all approvals from BMC, ULC clearance etc. The land (300 sq mtrs) was never transferred in his name. The (original) 7/12 extract says the land was never converted to non-agricultural use. May be the conversion wasn't necessary when the developer took approvals for the building. The land has been conveyed in the name of the co-operative housing society (in 2018 thru deemed conveyance). All property taxes have been paid in full till date. In this case -
a. Can the co-op. housing society apply for change of land-use to non-agricultural purpose?
b. What is the approx. cost and process (time)?
Anonymous
05 April 2018 at 01:06
I live in a residential flat above shopping complex, there are 18 shops - 9 on right side and 9 on left side, in between there is common road to use by all. This common area is owned by the owner and is used to reach shops, owner had made a policy to lock the common area after 11 o'clock at night as above shop d
Families resides and all shop owners except 1 is agreeing on this lock up issue. Whether that one shop owner can challenge us in court? And if so what we can respond.
Pushpalatha H
04 April 2018 at 16:37
Okay thank you for the information. I couldn't object the usage of my land for passing because theirs was a landlocked property and my ancestors gave permission to use the way because they had no other way to enter. here's an update. There are two property's adjacent together. (One's mine and the other is another persons). They were origanlly going to buy both and make a road, they even filled my part with mud to measure the area. But since they needed urgently and since I didn't have my property documents, they have decided to buy only the other person property (5m wide road). Now my question is, since they are buying the road from the other party should I (as per a law I don't remember the name) should I give 1m road from my side). And can we fence from my side? Now the other party give consent to village for making road on his part of land.
Anonymous
04 April 2018 at 08:07
PART I
Thanks for lawyer’s learned opinion. Kindly clarify for my specific situation. Kindly keep in view the 1956 act, 1985 Andhra Paradesh amendment, 2005 Parliament amendment, 2016 justice Nariman judgement and 2018 justices Sikri & Bhushan judgement.
1. I am a married Hindu woman from Andhra Pradesh. My father had 2 children: a son (my brother) born in March 1954 and a daughter (me) born June 1956. My father was only son of his adopted parents. I was married in 1973, received no dowry and was living separately. My brother was married in 19735. In 1986 my father and brother partitioned the ancestral Property (AGRICULTURAL LAND situated in Andhra), 11 acres for my father and 14 acres for my brother. I was left out. I think this is against the 2015 NTR government amendment giving right to daughters. Later, my brother pledged father’s land fraudulently and it is gone. Brother’s property is safe. Brother drove away father and mother in 1998. They were living with me till the end. My brother died in 2002 without making a will, leaving behind his wife and 3 daughters ( born 1976, 1979, 1982). Father died 2014, mother died 2016. Both made wills in 2007 leaving “any property then owned or will get in future” to me. But, sister-in-law kept refusing to give share to my mother when she was alive, and later, to me..
I have two questions:
1. Am I entitled to a share, like my brother, in the ancestral property of my grandfather?
2. Do I have right to 1/5th share of my brother’s property, which my mother became entitled to when my brother died intestate, and my mother passed on to me by her 2007 will?
PART II
Kindly give your valuable opinion on the following concerning my matter.
My sister-in-law (my brother's widow) is refusing to give me 1/5th share. She is giving me the following 2 arguments:
1. She has partitioned my brother's land between her 3 daughters, registered them and obtained passbooks for their shares from revenue Department. So, there was no land left for my mother. And my mother cannot make a will of something she does not have. (I think this is not correct, my mother can pass on her share by will, even if she did not possess the land).
2. My mother's share is only 1/20th and not 1/5th. As per the 1985 Andhra Pradesh amendment (made by NT Rama Rao government), her 3 daughters get coparcenary rights along with their father by birth. On my brother's death intestate, my mother can only get 1/5th of his 1/4th, that is, 1/20th. (I understand this argument is not correct. since her 3 daughters were born before 1985, the AP amendment will not apply. Also the 2005 Parliament amendment will not apply since my brother died in 2002.
GOVIND KUMAR CHOUDHARY
04 April 2018 at 05:49
My Grand Mother made Wasiyat Nama and gift to my Aunt. How can I get my share in this property.
Anonymous
03 April 2018 at 22:38
Sir, I stay in an apartment where we have to pay rs.300 as maintenance initially we used to pay maintenance regularly as the society and its functions were running smoothly but later there were major changes in the functionality like they sent no one to take maintenance, no proper meetings, no information about meetings to be held, removing of old staff without informing us, etc. we have residential and commercial complex here so the shopkeepers have taken the charge in their hands and they don't pay maintenance because they say that they don't use water and electricity as they have there separate connection but they want us to pay maintenance... we haven't paid maintenance because society is not comprising of any official members they are voluntarily running it and aren't holding meetings, not sharing information about anything, they don't take permission and do everything directly and now they have said that those who have not paid maintenance will be slapped with legal notice so can they do so?? ehat should we do now?? plz help
Anonymous
03 April 2018 at 12:41
Father purchased properly i.e a Land in 1990 for daughter-in-law. He made sale deed directly name of daughter-in-law. After that daughter-in-law having her name on 7 12 of that land. Now daughter's filed suite against that property after father's death. They are claiming they have shares in that land because it was purchased by their father.
Now I just want to know that whether daughter's are eligible to get shares in that property or land that is in name of daughter-in-law?
Bindu Kumar
03 April 2018 at 11:43
I am come across a flat which is built on Non Agricultural plot in the year 2012 in Pune. The owner has told it's a 'gunthwarie' building, and it consists 12 flats with different owners.
I seeking advice whether it will be legal if I purchase this flat. Can I get loan for such flats from a nationalized bank. Will there be demolition of such properties in future.
Anonymous
03 April 2018 at 09:24
A piece of land was donated to charitable trust without consideration. The land had certain trees over it. However, conveyance deed has no mention of trees. Now the donor claims his right over the trees and tresspassed the land. What is legal remedy?
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Reg: physical possession of e-property(house)
Dear all,
I have purchased a property(individual house)
bank BOM E-auction on 17th Aug 2017.
I have paid full amount(around 36 Lakhs) to bank as mentioned and has
recieved the sales certificate from the bank on october 2017.
Till date some of defaulter goods are lying at the premises.Bank officals failed to
give clear posession to till date for me.
Every week i am going to bank and enquiring the status, they simply dragging and not giving proper updates.
Its been past 6 months.
My questions is
1.In salescertificate why bank mentioned "handed over the possession of the scheduled
property,the sale of schedule property
was made clear free from all encumbrances known
to the secured creditro on deposit of the
entire amount of sale price"
2.If bank not resolving this issue,I will not take the property can i get any interest of the amount paid to the bank
Happy to discuss if guys need any more details.
Thanks,
Rameshwar.