Anonymous
29 March 2018 at 00:32
My father bought a house few years back. There's a man who was residing there as a tenant before we purchased it but he didn't have any receipt of his rent. He was just staying as a relative of the buyer. He now has a stay order and refusing to release our land. How can he claim on our land just on the basis of an stay Order and we have the original papers? So please tell me a way that how can we take our land back as soon as possible
krishna
28 March 2018 at 11:51
My grand father had 1 acre land.it is ancestral property. He died recently. After death of grand father, my father applied for mutation and pattadhar passbook.after submission of application, village revenue officer visited field and enquired neighbour farmers about our possession. Neighbour farmers replied that we are in possession.
Then officer matched our field with field measurement record. He revealed that field extent is 1.29 acre not 1 acre. After that he verified revenue record. In that record survey number 1/1 is 1 acre and it is in the name of my grandfather. Whereas additional 0.29's survey number is in the name of other person. Officer asked us how we got additional 0.29. My father said he doesnt how his father got additional extent into his possession.
How to mutate this additional extent in my father name?
If we ask the other person , he may take additional extent into his possession?
Officer said he can't mutate additional extent in my father name Without signature of other person in a affidavit?
Please suggest me options.
Naveen Kanth Dasari
27 March 2018 at 15:06
Hello Experts,
I have a query regarding Injunction Suit.
An open plot was purchased by Grand father on his Grand Son's name when he was 13 years of age and since then the property is on his name. At present the Grand Son is 50 years of age and even no construction is made on the open plot until now, however the father of the son has filed a Suit for Perpetual Injunction against the son claiming that he purchased the property out of his own earnings and not the Grandfather. The father had also filed 3 interim injunctions against the son for not to alienate the property, not to interfere with the peaceful possession over the property and not to alter physical features of the property pending disposal of the main suit and obtained a Status Quo order in one of the interim injunction pertaining to not to alienate the property.
However the actual facts of the case are that the father along with his 3rd son sold the property in February 2016 to his own daughter by forging the signature of the 1st son(the actual owner), and the 3rd son mislead and represented before the Sub-registrar that he is the actual owner, meanwhile the same came to the knowledge of the 1st son and after lot of hue cry made by the 1st son, the 3rd son again executed a cancellation deed in July 2017 pertaining to the Sale made in February 2016 stating that the Vendee did not oblige to the terms and conditions for the sale consideration and has not given the physical possession to the Vendee as he has not received the sale consideration from the Vendee. Further in September 2017 the 1st son after the cancellation of the sale deed to safeguard his property has executed a Gift Settlement Deed in favour of his own son and even the son has executed a Deed of Development cum irrevocable GPA to a third party for development of the property in December 2017.
Now my query is whether the suit for perpetual injunction is maintainable as the actual owner is the 1st son and by illegal means the father, 3rd son & daughter a executed a sale deed by forging the signature(signature is completely different from the true owners signature) and misrepresenting before the Sub-Registrar that the 3rd son is the owner and will the court pass orders for interim injunction in favour of the wrong doers even if actual facts are brought before the court. However the 1st son has not filed any criminal case against them as they are his blood relatives.
Plz need your advice as a counter and WS has to filed in this case.
Thank You
Manish Dua
27 March 2018 at 11:20
Dear Learned Members,
Please help me in this concern. I have a client from Mathura (U.P) his property papers seems to be a bit errornous to me.
The Site Plan annexed along with the registry indicates the Land to be of 226 Gaj (calculated as per the dimensions given), but inside the registry papers it is clearly mentioned 145.2 Gaj.
The Property was converted from Leasehold to Freehold in the year 1996 and the construction of the property since the begining has been as per the Site Drawing (i.e, 226 Gaj).
Please suggest the steps that can be taken to avoid future trouble at the time of selling that property.
Manish Dua
Sarda
27 March 2018 at 00:50
My grandfather left behind a registered will for his property in hyderabad..do we need to probate the will?
Debjit
26 March 2018 at 18:46
Dear Sir,
I am Debjit Ghosh,Ex Defence Person. My parents are staying in Ancestral Property in Kolkata.
My Grand fatcher and grandmother have not demarcated the property to their son and daughter. now in the ancestral property My parents hold 75% and my paternal aunt holds rest 25%.
My father was following her since last 20 years to get the property separated by paying money to her and getting absolute authority on the property. Her husband assured her in writing long back saying she will not take her portion, if also takes will take bare minimum. But now as he expired, my aunt denies his signed agreement on normal paper and wants to claim current market value of the property.
Request guide my fathers stand in this case.
nandini dhargalkar
26 March 2018 at 16:43
my son and daughter in law do not stay together. they yet meet each other after a fortnight or so. she does not care to take his responsibility. we in this old age are looking after the son my everything is self earned. i do not want to pass my hard earned property to her after my death. she as a wife will demand half of the property for which probably she still keeps these relations with my son. how may i manage to do it? conditional gift deed will do?
Anonymous
26 March 2018 at 12:30
My grand father died in an accident on the sea when his children were kids. He had 4 children(1,2,3-daughters & 4-son). My grand mother's unmarried younger sister decided not to get married to work for a foreign NGO and help raise her older sister's kids. She got a free house built from the NGO for her older sister and her kids on a unregistered land(land without patta). The house was on her older sister's name. Later my grand mother thought this house should go to her kids after her younger sister's life so she transferred the house on her younger sister's name and passed away. Now her son forcefully occupied that house and not giving access and share to his 3 sisters and my grand mother's sister. it seems he has forged the documents to change the house on his name. Please advise how can we go about it to get the share of the house
Anonymous
26 March 2018 at 11:52
Dear Sir,
My Mumbai base home was on the name of my Mother, she purchased it on 1966. My Father died on 1 June, 2006. One of my sister died on 20 March, 1986. After my father death my mother willingly changed the nomination of house on my brother and myself and another sister who are alive, dated 06 June, 2006.
As husband of died sister remarry so mother had not purposely provided died sister name in nomination. Mother death occurred on 9th July, 2009. After death of mother we are transferring the house on legal heir son that is my name.
Although there is no name included in nomination form of died sister , Let me know is it now necessary to take NOC from “died Sister son” for transferring house on Legal heir that is on my name.
Sanjeev
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Agreement to sell
I have entered into an agreement to sell my property for sum of Rs..XXXXXXXX. Five clauses amongst others of Terms of the Agreement are as follows:-
Clause No 1. That The sale consideration for rights and titles of the seller in the said property is fixed between the parties at Rs..XXXXXX, out of which the seller has acknowledged the receipt of a sum of Rs..XXXXXXX as advance amount.
Clause No 2. The Buyer will also pay other part payment of Rs..XXXXXXX to the seller on or before DDMMYYYY
Clause No 3. That the balance sale consideration of Rs..XXXXXXX will be paid by the buyer to the seller on or before DDMMYYYY.
Clause No 8. If the buyer commits breach of the agreement, the seller shall be entitled to forfeit the entire earnest money paid by the buyer to the seller; and the seller will be at liberty to resell the property to any person. If the seller commits breach of agreement, he shall be liable to refund the double of earnest money received by him to the buyer.
Clause No 9. That in case any of the party hereto infringes any of the terms and conditions of this agreement, then the other party will be entitled to get this transaction enforced through the court of Law by specific performance of the contract at the cost of the party who has defaulted
Note : The advance amount mentioned in clause 1 is exactly 10 % of the total sale consideration while part payment mentioned at Clause 2 is approx 40 % of total sale consideration. Now the date of part payment has arrived, but the buyer has not paid the money .
My queries are:-
1. Verbal discussions were held with the buyer 2 days before the date of part payment and he had sought some more time. Is any notice in writing required to be given to him that he has failed to make the part payment ( though informal communication through sms has been made to him)?
2. If he fails to make any payment on or before the last date of the agreement, can advance amount paid by the buyer be forfeited without any notice in view of clause 8 of the agreement. Is the word 'advance amount' used in clause 1 has the same connotation as earnest money used in clause No 8 as amount mentioned in clause 1 was the initial 10 % amount received at the time of entering into the agreement.
3. Alternatively , can the buyer be dragged to court for specific performance of the contract in view of clause 9 of the agreement. If yes, how much time does it take to get the decision of the court- I mean long drawn process or straightforward.
Advice is benignly solicited.