Varun
23 November 2017 at 11:30
1) Mr A had purchased a piece of land in the year 1962 through sale deed registered in the office of registrar.
2) Mr A died in 1966 and his spouse also died in 1977 leaving behind the following legal heirs:
Mr X
Mr Y
Mr Z
3) Mr Z relinquished his share in 2000 in favor of Mr Y through RD registered in the office of registrar.
4) Mr X and Mr Y divided their share in 2000 and made partition deed duly registered in the office of registrar.
5) Mr Y constructed a builidng on his portion of land and sold one flat to Mrs N in 2000 for which no registered sale deed was executed.
6) Documents executed between Mr Y and Mrs N for such transaction are:
-Duly registered GPA
-Duly registered Will
- Notarized agreement to sell
- Notarized affidavit
- Notarized possession letter
- Notarized payment reciept (all the payment is made through cheque)
7) Now, Mr V has approached Mrs N to purchased the said flat.
- If Mrs N executes a sale deed in favor of Mr V, will it be a legal tranfer of right/title (GPA principal has also died)
- If Mrs N executes sale deed in her favour acting as vendor (on behalf of GPA principal) as well as vendee (based on the documents executed and payment made by her), will it be a legal transfer of right/title, before selling the flat to intending purchaser Mr V.
Please note that GPA was executed before the judgement of Supreme Court (Suraj Lamp) and GPA was executed by the Principal for his monetary benefits only.
Kindly guide.
Anonymous
23 November 2017 at 10:52
1) Mr A had purchased a piece of land in the year 1962 through sale deed registered in the office of registrar.
2) Mr A died in 1966 and his spouse also died in 1977 leaving behind the following legal heirs:
Mr X
Mr Y
Mr Z
3) Mr Z relinquished his share in 2000 in favor of Mr Y through RD registered in the office of registrar.
4) Mr X and Mr Y divided their share in 2000 and made partition deed duly registered in the office of registrar.
5) Mr Y constructed a builidng on his portion of land and sold one flat to Mrs N in 2000 for which no registered sale deed was executed.
6) Documents executed between Mr Y and Mrs N for such transaction are:
-Duly registered GPA
-Duly registered Will
- Notarized agreement to sell
- Notarized affidavit
- Notarized possession letter
- Notarized payment reciept (all the payment is made through cheque)
7) Now, Mr V has approached Mrs N to purchased the said flat.
- If Mrs N executes a sale deed in favor of Mr V, will it be a legal tranfer of right/title (GPA principal has also died)
- If Mrs N executes sale deed in her favour acting as vendor (on behalf of GPA principal) as well as vendee (based on the documents executed and payment made by her), will it be a legal transfer of right/title, before selling the flat to intending purchaser Mr V.
Please note that GPA was executed before the judgement of Supreme Court (Suraj Lamp) and GPA was executed by the Principal for his monetary benefits only.
Kindly guide.
gopinathan
22 November 2017 at 17:25
My bro and his wife are govt employees.They got 2 boys. From 1994 to 2004 they were understanding and bought 5400 s.ft land and 900 s.ft residential building. Property are joint possession. wife is 3 years elder. So this may be a psychological problem to her. In due course she suspects my bro and abuses daily before children. Always quarrels even from the street. She stopped food for my bro from 2004. There are no physical contact, communication, talks between them. He applied divorce on 2007. But she refused with malafide intention. She is not ready to leave him peacefully at the same time she wants to capture the whole possession. Due to her continuous brutal behaviour and activities his boys psychology also turned against him. But She charges, threaten him to take him to police and giving him various continuous torture. He has no security in house. But he lives in a seperate room withouot any contact. Atlast he come to conclusion. He wants to execute a will that 50% of his property to a genuine orphanage centre or senior home etc. Can he do like that?
N Krishna
22 November 2017 at 16:50
I am in process of buy an apartment in Bangalore. In the agreement copy there is a clause that "Developer will hold the right of leasing or renting the common areas of apartment for additional income and owners should not have an objection for this"
As i understand, the common areas are collectively owned by the apartment owners as we have paid for super build up area. Is the above statement in agreement valid as per the law ? Developer is refusing to removing this clause from the agreement
Rakhi Jadav
22 November 2017 at 16:38
Respected Sir,
My friend is the society member of MHADA colony, Thane. He has entered with all society members in redevlopment agreement with builder dated 12/11/2012 which is registered under RERA Act. It was agreed between them that builder will give monthly rent and 2bhk flat with area 485 sq. ft. carpet. But till date he is not registering flat on their name and he has given only 22 months rent in advance. Now he has stopped paying rent also. When he goes to his office he says that he will not registered it rudely. So can we file complaint against him under RERA Act. If yes what is process if all members together want to complain. One more thing one of our committee membe on behalf of society also file R. C. suit against builder, MBMC and MHADA in 2015 application for injuction under order XXXIX Rule 1 and 2. In which court has passes interim order in favor of builder and application is rejected. The case is pending. Builder is telling us to withdraw the case from the court. My friend said we will withdraw this case only when you will give it written that you will registered flat on our name as promised in registered irrevocable power of attorney. He is not giving it written and telling whatever you want to do please go ahead. He has strong political support so all members are not ready to file complaint against him. My friend is afraid to file case alone so made few members ready. What is procedure to file complain under RERA through few society member.. Thanks
Jitendra nighot
22 November 2017 at 10:35
My grandfather father married with 2 women and he has 3 sons from 1st wife and 1 from 2nd wife then I want to know that what is the ratio of property distribution pls reply soon
VISHAL
22 November 2017 at 00:45
Hi
I had purchased room in 2014 from Virendra sasane as his room was patra (Approved) and we made agreement also for the same, I thought now as I am having the agreement ,I will be getting all the things on my name from further , I transfered the Electricity bill also on my name , But after that also My name had not come to Annexer 2 and the rent cheques and all is coming on his name and he is not ready to give me as he belongs to a fraud character with lots of cases on him , Can someone help me in details to get myself in annexer 2 for the same Because This guy showed me his real face just in rent amount so once the flat is alloted i am sure he will never give me the same , I paid him 17 lakhs for just a small hut thinking that this is a investment for future , but now even though I am having the agreement copy and also his electricity bill on my name, the cheques and all are coming on his name , Please help me with a solution and guide me how can i get the things corrected so that I can get all cheques on my name and also the coming flat, Also I will inform you , that the hut had been demolished without removing the electricity meter which is still active and i am getting bill for the same on my name . It will be a big help if someone can get me the proper direction because I am completely blank what to do where to go and how to proceed as it is SRA and I dint have any knowledge about it . My email id is dr.vickygenius@gmail.com and I will really appreciate if someone can call me to help me for the same . 9022362189
Manish
21 November 2017 at 22:27
I have purchased a flat in Lodha CasaRio Mumbai. Survey no. of the building in Index II (agreement document) and Occupancy Certificate (OC) is not matching. Builder is saying, "wrong survey no. has been recorded in Index II, so, to rectify the error builder has register deed of declaration in the sub registrar's office declaring the correct survey numbers for each of the clusters in the Project on the basis of occupation certificates received for the same".
Builder send me the copy of the deed of declaration. What I should do? What are the complication of this? Whether I can sell the flat at any time without any problem or I will face any problem due to mismatch of survey no. Please guide....
Venkatasubramanian P
21 November 2017 at 19:06
I purchased a flat from a promoter who has mortgaged the project site.The lending Banker has not displayed any information about the project finance nor the promoter has disclosed the same.I paid all my stage payment through cheque to the lending Bankers account.But I do not know whether the promoter obtained a NOC from the lending banker.I have registered the sale deed and construction agreement duly and have possession of the flat.I the loan has become bad .What is my position.The promoter has given additional security and there are 10 unsold flats. Can the banker enforce my flat as security for non payment please advise
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