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M.Chandra shekar   15 February 2018 at 11:25

Mortgage (charge) on the property

Dear Sirs,
My client has an agricultural property bought in 1998 in Bangalore and was not aware of the mortgage charge on the property which was executed in 1945, which is reflected in the encumbrance certificate.
Now, the lender/mortgagee or his legal heirs are not traceable. The mortgage consideration is Rs.200/-.

How to resolve this matter/subject.
a). By initiating declaratory suit in the jurisdictional court?
b). By initiating Misc petition in the jurisdictional court?
c). Under A62 of The limitation Act of 1963-barred by time?

Please provide your valuable suggestions and views.

Thanks and Regards,
MC

SUBIR KUMAR SANYAL   14 February 2018 at 20:40

Mother's property

We have a residential house which is in the name of my deceased mother. My father is alive. We have 2 brothers and a sister. My mother had donated a part of our house in my name and the roof in the name of my brother where he has constructed rooms for their uses. How the remaining part our house will be distributed? My sister will not take any part. Who will give registry among the brothers? What does the law says regarding this issue?

Anonymous   14 February 2018 at 20:38

Mother's property

We have a residential house which is in the name of my deceased mother. My father is alive. We have 2 brothers and a sister. My mother had donated a part of our house in my name and the roof in the name of my brother where he has constructed rooms for their uses. How the remaining part our house will be distributed? My sister will not take any part. Who will give registry among the brothers? What does the law says regarding this issue?

Madhu reddy   14 February 2018 at 17:16

Can i purchase a flat in gram panchayat approved property

Dear sir,

Can we Purchase a Flat ( in Apartment) Which was Approved By Gram Panchayat
Can Gram Panchayat can Approve Building Permission For Construction of Apartment Which will Be G+2( Including Cellar)
OR we Need a HMDA Approval
Kindly Suggest Sir

Deep Chowdhury   14 February 2018 at 14:43

Joint family building modification by third party

My neighbour bought our ancestral home from my Uncle (his share part of house) during 2010 and afterwards he (new neighbour) wanted to break down joint Roof of his area which is joint together with a common wall and eventually he broke a few part of it and afterwards we went to local police station and Court and the work was postponed for that time. Now, since last 2/3 days again our Neighbour is gathering Raw Materials and we came to know from local people that he will go for some sorts of work on same common Roof (may be modification or break down of his part). So, in this circumstances i want to know following information
1) How to stop his work if our neighbour want to break down his part of Roof which is common with our roof with a Wall border only. So, in case of any breakage it will cause damage to our part roof as previously same was happened during i.e. during rainy season water socked in to our wall due to that breakage
2) What are the procedure to go to stop his work which effect our building (Step by step i.e Police , ocal Municipality, Court, Type of Court, Type of case etc)
3) What happen if suddenly our neighbour tries to break down his part of roof without any consent from our end (as he did the same thing during 2010) and local police is refuse to take any step for this mishalf
4) Whether 144 can be effective in this case to stop the work or not
5) What are the laws there for joint building receiving from Ancestral, how far distance should be there between 2 building if one is willing take separation from each other and what happen if one is going for outer modification of his part of home and he don't have ample space remaining to perform the same due to short passage

Anonymous   14 February 2018 at 13:51

Can daughters claim stake as a property heir on father.

I am a son residing at Hyderabad and My grand father who has passed away,had transferred property through gift deed to my father at delhi. Please help me with my below mentioned queries:
1) Can daughters stake claim over this property that my father has acquired through a gift deed and file a case on my father to attain the property share ?

2) If my father wants to transfer the property on my name, is it necessary for us to get the transfer done by going to Delhi or can it be done at Hyderabad itself ?

KETAN   13 February 2018 at 11:06

Tarrece right

can builder sell tarrece right ?
if builder has sold tarrece right what is a remedy to revok ..
on tarrece if some sort of construction is done even not having FSI . even plan is not passed by local Municipality what can be done agaist such construction and person who has done this.

viral mehta   13 February 2018 at 10:43

Transfer of membership of flat at mumbai from mother to son

We have flat at kandivali (Mumbai) which was in name of my grandfather.He had nominated Grandmother & father After death of my grandfather in Feb 2016 the flat membership was transfer to my grandmother.Now my grandmother desired to transfer the flat to my father and hence we made a registered gift deed and given for transfer along with all required form to society in May 2017.The Society Advocate even given his Consent for transfer of Share but till date the society has not transfer.After asking them committee member told to submit Indemnity bond , Advertisement in 2 leading news paper & Noc from all legal hairs.Kindly advise me that we have to complete this formality as asked by committee or we can go to Register for deemed transfer

Sanjeev singh   12 February 2018 at 22:44

creation of vasiyatnama

Dear sir,
I am from jammu.I am residing with my family.we are 5 family members in family.we have three shops, one custodian house and one house where we live.My father was expired three months before.We have a dispute in our land which is custodian land and My father gave it to my aunt and also gave one shop to her.My grandfather had four sons and three dughters.I know there is no right of daughters in maternal property and three of my grandfather's sons has died included my fatger,only one is alive and he is mentally retarded.we are taking care of him.According to my grandfather's vasiyatnama,it is clearly mentioned that the whole movable and immovable property goes to my son who is my father and if he wish to give any land to other son or daughter he can give.Since he is no more the property goes to my mother.My father has given one custodian house and one shop to my aunt but not in written but verbally.Now you tell me it is possible to possess that property where my aunt is staying because she is not loyal with us.I want to get her out from the house and she has only right to get one shop and we will give that to her.Kindly guide me how can I take possession to all property which my grandfather gave to my father and we have will also and it is clearly written in it that the whole property after my grandfather death goes to my father.kindly help me.

Anonymous   12 February 2018 at 15:35

OCI Holder selling property in India

I am an OCI holder and an Australian citizen. I had brought a house about 7 yrs ago when I was an Indian citizen jointly owned by me and my brother, I bring the first owner. I wanted to sell this property now, for which I wanted to give POA to my brother (joint applicant for the Said flat). Questions are -

1. Is there a legal hurdle to this ? And what is required from my end for the same ?
2. I still operate a normal savings account here in India. Do I have to change it to NRE account ?
3. I have an aadhar card which was taken when I was an Indian citizen (without OCI), will I have to make any changes to this ?

Request your help pls. Thanks. Satish Iyer