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Anonymous   03 February 2024 at 16:14

Is release deed after preliminary decree is valid

A preliminary decree for family partition suit for agricultural land was passed between 5 brothers. Plaintiff and D1 are sailing together
D2,D3,D4 are against partition. After preliminary decree is passed, D2,D3,D4 went for appeal in higher court. Appeal was dismissed for default then Plaintiff legal heirs entered in to an Release deed with consideration with D2,D3, D4 and plaintiff was witness to the release deed. Plaintiff died recently. D1 died and his LRs have applied for final decree proceedings and final decree proceedings is in progress.
D2,D3,D4 have now revoked the appeal suit exparte and contesting the preliminary decree. Appealnts are hiding the fact about the release deed. The recitals of release deed clearly says the plaintiff is entitled to 1/5 th share in suit according to preliminary decree and the land which is joint family ancestral property which LRs of plaintiff is releasing through this release deed for consideration. Question is,
1. Is the release deed with plaintiff LRs is valid? When plaintiff is not party but witness? plaintiff died recently.
2. If Release deed is valid,Appealants will be estopped from filing an appeal?
3. If not valid, wat is the option for plaintiff LRs to contest the release deed. Release deed was made in 2015.

Anonymous   03 February 2024 at 11:19

Society holding security deposit of interior work

I am the owner of the flat and society had asked for ₹10,000 security deposit for conducting interior work when I purchased the flat. There was no harm or inconvenience caused at all to any member or society.

Can I ask for interest as per laws on amount that I paid to society as security deposit for interior work carried in my flat. Amount is rupees 10,000 and on hold from last 20 months.

I have been paying monthly maintainence of society without fail from the time of possession.
Recently,I didn't paid maintainence for two months as they were not responding properly for refund of deposit and also maintainence was not being sent to me.
If any month,payment is not done - society charges 1.75% per month compounded interest. So they are asking me to pay the maintainence amount along with interest.
And denying to pay interest to me on security deposit .

What should I do?

shyam lal   02 February 2024 at 19:43

Distribution of property

A husband and wife build a house collectively with their individual earnings.as a result the property on record is in the name of both.husband and wife.
They have two adult sons.
The situaton is the wife for some reason wants to seperate from the husband and demands her share of the property ..which physically can not be divided.
Queary under these circumstances whom do the sons ask for their individual shares ?

Anonymous   01 February 2024 at 23:23

Maharashtra stamp duty amnesty scheme 2023

I had purchased residential house in 1995 , sale agreement was done on Rs 100 stamp paper and was not registered
Maharashtra govt has declared Stamp duty amnesty scheme for instruments executed from 1/1/80 to 31/12/2000 for registered documents with less stamp duty or unregistered documents, to avail the scheme ,pay stamp duty without fine and regularise the documents executed, only condition is that stamp paper has been purchased from legal and authorised stamp vendor, certificate from stamp vendor is required that stamp has been sold by him , application is to be submitted with original sale agreement, certificate from stamp vendor, adhar card etc
I want to know if I avail this scheme and pay stamp duty as per collector of stamps and get sale agreement regularised,
Will my sale agreement become like registered sale deed? And will be valid document for mutation in property card?

Anonymous   01 February 2024 at 21:29

What should i do?

Respected experts,
I have a plot of land which I wanted to sell. A buyer approached me and we had talked abut selling. A few days later he came and paid an amount in cash as booking. After that de didn't contacted me for a few months. Therefore I enquired about him in his locality. The people have told me that the person is a dalal and dishonest. I therefore called him up and told him that I am not selling the plot to him and asked him to take the money back.
But he told me that he only will buy the plot and will not take the money back.
He insisted that we should execute a Sale Agreement with him but I am afraid that by doing that I will fall in a trap.
Kindly advise what should I do now. I want to return his money back.
Thanks

Anonymous   01 February 2024 at 19:55

Appartment built on a land with two different owners

Context:
I am buying a 3 BHK property in Dehradun. I have deposited the token money to the flat owner and currently getting registry checked by the Advocate. The building has 3 floors and 2 flats on each floor.

We noticed that the building is made on two different plots of same size and both belonging to different owners. Also the building plan document shows that owners have created separate maps for both showing two different stairs but in reality there is only one stair and one building only. Is this illegal?

Anonymous   01 February 2024 at 09:24

Alienation of property while litigation

There are 3 sisters and a brother , His father dies in estate leaving back many properties . One of the sister files a suit claiming share , and the case runs for 15 years and she gets her share , there is amicable partition between sisters and brother . Now the sister sells a part of her share , now the daughter of the brother files a suit saying she doesnt know abt the partition and should be made as co-parcener , the trial court dismisses under order7,rule 11 , appeal is allowed under it should be decided in merits , SLP is filed and disposed in the terms it should be made in merit grounds . THERE is no stay order on properties , now the sister has to sell some more part since she recieved money . Now my idea is , Can we file a writ petition in suit against the sub registor saying theyre not allowing for registration and the court will conduct trial , and then we can make avertments saying even when the daughter wins she gets a 1/6 of share in that particular property , so we are leaving that and selling only my share , and which i got from partition . Will this work , the daughters share is remaing even after alienation of some part

Anonymous   30 January 2024 at 23:38

Maharashtra stamp duty amnesty scheme

Maharashtra govt has initiated stamp duty amnesty scheme 2023 ( Mudrank shulk Abhay yojna )for documents registered but paid less stamp duty and have got demand notice or not even registered from 1/1/80 to 31/12/2000 , to pay stamp duty and regularise documents
I am having relinquishment deed for immovable property, in which my 3 uncle have relinquished their rights in favour of my father, all are co owners in property and also real brothers
My relinquishment deed is on Rs 100 stamp paper and notorized dated August 1998 . I applied on 25/1/24 for adjudication/ regularising of notorized relinquishment deed
I got it done today without paying any extra stamp duty, as they said in 1998, stamp duty for registration of relinquishment deed between blood relation was Rs 100 fixed, and my notorized relinquishment deed was already done on Rs 100 stamp paper, they certified my relinquished deed by putting their seal
( Seal of collector of stamps)
Now , I want to know relinquishment deed which is notorised and certified by collector stamps will be equal to registered Relinquishment deed?

Riyazahmed   30 January 2024 at 11:24

Ancestors property

Sir,
My grandfather had 3 son and 2 daughters, at present all are expired and there children are present.

A property in neighbouring Village is there which is titled in the name of my uncle (Family head) i.e Grandfather 1st son after my Grandfather death.

Now my uncle's only son have transferred the title to his name after my uncle's death.

I am son of my Grandfather's 3rd son, I am also a share holder of the mentioned property. I also went to Talathi office to submit waras nondh application attached with affidavit of family tree and death certificates of my Grandfather, uncle and my father.

But the Talati did not accepted the application and told me to bring more documents (i.e Death certificates of all the deceased persons of my grandfather's family and Aadhar card of all the alive persons of grandfather's family).

I want to know is this mandatory to submit all documents with the application or what is the actual procedure.

Thankyou

Anonymous   30 January 2024 at 10:43

Bdd chawl transfer or nominee rules

Sir,
My mother in law is a single owner of a room at Worli BDD chawl and she have six daughters only, can she transfer the title of the room on all six daughters name or nominate the room on all six daughters name.