Anonymous
07 March 2018 at 18:34
can grandchildren become witnesses and beneficiaries of a will?
tvrao
07 March 2018 at 15:13
Dear Lawyer,
We have purchased a flat in chennai from a builder 20 yrs back. That flat was actually booked by our neighbor in the beginning but after 2/3 installments we have purchased & got it changed on our name in builder's record. After full payment, flat was handed over to us without registration and we are residing there for these many years (till now flat is on builder's name). All the property taxes, water bill etc are regularly paid by us but only electricity bill is generated in the name of builder, it is also paid by us.
Recently we have asked the builder to register the flat on our name, but they refused to do it explaining that company is already closed 3 yrs back and we cannot do anything in this case. Now in these circumstances we are not in a position to sale the flat without registered documents.
Kindly advise how we can get the flat on our name, Flat is in chennai
Thanks
tvrao
Kishor Mehta
07 March 2018 at 12:29
Ownership of the property rests with the Co-operative Housing Societies, flats are allotted to share holders of the Society for residential purposes, they are not absolute owners of the flats. Under the circumstances what value will be considered for the assessment of the court fees when the share of the deceased husband is transferred to the wife, (1) the market value of the flat? (2) or the face value of the share certificate? Please understand that the share holder is not the absolute owner of the flat and the shares of the Society are not traded in the market.
Kishor Mehta
Anonymous
06 March 2018 at 10:16
Dear Sir,
Can the beneficiaries of a will ALSO sign the will, IN ADDITION TO the signatures of two witnesses, as a proof of the beneficiaries knowing the contents of the will ?
This may help to avoid future disputes between beneficiaries as they may not be able to question the contents of the will in future.
If a testator cannot sign due to physical disability / illness, can he / she affix thumb impression ? Does this require any attestation by extra witness or notory or registrar ?
Thanks
Manoj Kumar
06 March 2018 at 05:17
Hi Expert, What is expiry of franking in maharasthra . I have done payment for franking of agreement of flat in jan month ,2018.
What is time limit for doing agrement to avoid franking get expired . IF got expired can i claim for refund , will it be full refund.
Anonymous
05 March 2018 at 20:35
My father had made a will(unregistered) saying that I (his son) would get his property provided I pay my sister 25lacs. Now I enquired a lawyer who said since I have to pay my sister(from my own funds) I will have to get a Partition deed done. Then I further spoke to another lawyer, he was of the view that just pay the amount to your sister and get a NOC from her and then get a Release Deed done for property transfer as in Bangalore probate is not mandatory for hindus.
I'm really confused, whom should I go to? Please help...
Sanjeev Gupta
05 March 2018 at 10:13
Sir, A simple mortgage in state of maharashtra was created in favour a bank by registering the mortgage deed before Registrar for securing a facility of say Rs 40.00 lacs. Now the borrower was allowed enhancement of facility from Rs 40.00 lacs to Rs 70.00 lacs against security of same property already mortgaged. However, this time borrower/ mortgagor wants to enhance charge by creating further charge through Equitable mortgage. Please help whether further charge of Rs 30.00 lacs can be created by executing letter of deposit of title deeds ( Equitable mortgage) and subsequently filing letter of intimation (as prescribed in Mahahrshatra Registration Act) before the sub registrar concerned as there is an opinion that any enhancement by way of further charge upon a property which has already been mortgaged by way of simple mortgage can only be done through simple mortgage as registration Act allows modification to registered document only by way suplimentary registered document. Any judgement or order if any related to matter if available will be an additional comfort.
Read more at: https://www.lawyersclubindia.com/forum/Simple-mortgage-followed-by-equitable-mortgage-for-enhanceme-160451.asp
Gaurang Shah
05 March 2018 at 01:26
I am from baroda , gujarat . In my house ground floor is locked by tenant and he has his own 2 resident property in baroda. But still he is not ready to return my house .
I purchased house with tenant before 2 years and i did not taken his rent from the last 2 months as per my advocate suggestion .
Please suggest me how can i legally take against him ?
Also please suggest me how can i get his house paper for filling a case as 8 have his full address ?
MANISH
04 March 2018 at 02:53
Society committee is de solved and all charges is being taken by the registrar do he have right to give N.O.C for sale of a flat ? If not then who can give ?
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Convenyance deed
I purchased top flor i have successfully done registerey in sub registar office bt seller not provide original conyevance deed he told me original cd is misplaced i handed over to certified copy ot this... In this suituion can i do..? And i think seller hve original copy of cd so.. Plz.. Solve my problem