KETAN J SHAH
22 July 2017 at 11:48
Respected Sirs,
I am the Landlord of a property in Mumbai. My tenant carried out illegal additions/alterations in the premises without my permission or BMC permission. On my complaint to BMC the Tenant was served with MRTP Notice and followed by Order to reinstate the premises as per sanctioned plan. Instead of complying with the order he challenged the BMC order in City civil court. I had filed the caveat in City civil and High court but the tenant on false oath that he has not received any caveat the Civil ccourt passed an interim order against BMC that they cannot take any action till the final disposal of the suit. However this order is continuing His advocate first filed the Notice of motion followed by Chamber summonsl The chamder summons was allowed to the tenant. The notice of motion was filed in 2014 and the tenants advocate kept on delaying the matter till recently in June 2017 he finished the argument and the interim order was continued till the Ternant gets further stay from high court. However here also the advocate delayed the proceedings and time lapsed and he came to city civil court with application for further extension of time for 4 weeks. However he has been granted only one week and if he fails to procure any stay from High Court then BMC cab demolish the illegal work.
Now my question is that after delay to argue the Notice of motion for 4 long years and also misbehaviour of Tenants advocate in City civil court will he be granted the further stay to interim order which was passed on false oath of the Tenant and his advocate. All the dates for the 4 year delay were taken by the Tenant's advocate No other parties have delayed the matter.
Please give your valuable opinion. My advocate is following up the matter very well but I still want a opinion from your side also.
Thanking you in advance
.
Anonymous
21 July 2017 at 22:53
Hai attorney
My grandfather brought a government agricultural land from ST's directly before 30 years ago.At that time he didn't registered that property.But he took the registered papers from them and took the signatures of those people on new stamp papers.During the division of properties that property divided into four halfs and my father got 1/4th of the property but my father gave money to my uncles and he bought that remaining 3/4th land.My father took the signatures of my uncles on new stamp papers.Upto now that whole is not registered on my father name.But my father have the original papers of that land and signatures of those people(on whose names the land is there).So, can any one please tell me the solution how to register that land on my fathers name.
Ritesh Rathod
21 July 2017 at 22:32
Dear sir
One of my friend reside at AHMEDABAD in co operative housing society having 18 block out of which govt authorities granted BU permission only for 12 blocks of society now builder not give proper anwser regarding my friends block that he had purchase for not having BU permission. What remedy he have now. Does he opt for consumers protection act or under RERA?
Md Imran
21 July 2017 at 17:14
Hi Sir/Madam,
Request you to please answer my query - We have an ancestral Home(110x100) Partially built area and Agricultural land in our late Great grand father's name in our Village, we currently stay in Bangalore..
Our grand father is also no more, my grand father had 3 Sons Including my late father. So, out of the 3 sons(Grand Father;s) only 1 Son is alive i.e my Uncle who is residing at the ancestral home.
Our Grand mother is alive and she wants the ancestral property be distributed amonst her 3 sons ie. My Late Father, Late Uncle and the Uncle residing in the ancestral property.
The uncle who is residing at the ancestral home, is using the house and the the agricultural land as the property was not distributed/partition was not done when my Late Father and the Late Uncle were alive. Our Uncle and his son residing in the property are refusing to share the property equally with me and my Cousin brother(Late Uncle's Son).
My Questions are below
1) Shouldn't we i.e I and My Late Uncle's son get a share in the ancestral property that my Father and Uncle were supposed to get?
2)If, we are eligible to get the share in the property as legal heirs to my father and Uncle, what should be our Share?
3)Our Uncle and his son residing in the property are refusing to share the property equally with me and my Cousin brother(Late Uncle's Son). Our Uncle is using our agricultural land for Illegal sand mining as well, this illegal sand mining has completely destroyed our agricultural land. We have warned my uncle and his son several times asking them not to use our ancestral property for illegal activities but, they refused as the partition is not done yet. We are planning to lodge a formal complaint with the local police station about the illegal mining.
Please advise on the legal course of action for us in this matter.
Really appreciate your assistance in this regard. Thank You,
Anonymous
21 July 2017 at 15:59
Hi Sir/Madam,
Request you to please answer my query - We have an ancestral Home(110x100) Partially built area and Agricultural land in our late Great grand father's name.
Our grand father is also no more, my grand father had 3 Sons Including my late father.
So, out of the 3 sons(Grand Father;s) only 1 Son is alive i.e my Uncle who is residing at the ancestral home.Our Grand mother is alive and she wants the ancestral property be distributed amonst her 3 sons ie. My Late Father, Late Uncle and the Uncle residing in the ancestral property.
The uncle who is residing at the ancestral home, is using the house and the the agricultural land as the property was not distributed/partition was not done when my Late Father and the Late Uncle were alive.
Our Uncle and his son residing in the property are refusing to share the property equally with me and my Cousin brother(Late Uncle's Son).
My Questions are below
1) Shouldn't we i.e I and My Late Uncle's son get a share in the ancestral property that my Father and Uncle were supposed to get?
2)If, we are eligible to get the share in the property as legal heirs to my father and Uncle, what should be our Share?
3)Our Uncle and his son residing in the property are refusing to share the property equally with me and my Cousin brother(Late Uncle's Son). Our Uncle is using our agricultural land for Illegal sand mining as well, this illegal sand mining has completely destroyed our agricultural land. We have warned my uncle and his son several times asking them not to use our ancestral property for illegal activities but, they refused as the partition is not done yet. We are planning to lodge a formal complaint with the local police station about the illegal mining.
Please advise on the legal course of action for us in this matter.
Really appreciate your assistance in this regard.
Thank You,
aya
21 July 2017 at 15:46
owner has told me -that if we do agreement on 200 rs.stamp paper then it is not madatory to do notary.
i have given him 1 lakh deposit-so i am worried-
is he right?
without notary the agreement done for 11 months period will be valid
Ram
21 July 2017 at 14:51
Hello,
We are NRI's and are currently trying to buy a commercial property in Tamilnadu.
Before doing anything, we would like to know the legal things that an NRI has to take care before proceeding.
Is it mandatory that NRI has to give POA to buy a property in India or can NRI buy it themselves when they are in India during vacation for 4 months?
Property which we are looking is having a land with a building which is currently let out by the current land owner for rent.
Current owner has taken a loan at Bank on that property and the schedule property is eligible for SARFAESI Act is applicable.
Is it enough to prove that this property can be bought by NRI? And not agricultural or farm house or plantation property?
What is the right way to know the type of land? Is it possible to check online to nullify its not agricultural/farm/plantation property?
I checked in tnreginet.net and the land is of type Residential Class V Type III.
Current owner bought this property in May/2014 which was a vacant land then and then build the commercial building with 2 floors. He has taken all the required approvals from VAO, corporation, etc when constructing the building. Is there any restriction for NRI buying the land which is sold 3 years ago?
BR,
Ram
GUNDA SRIDHAR
21 July 2017 at 14:27
Respected sirs,
I have participated in a Bank E auction sale, and I am the successful bidder, paid 25% amount but the bankers did not vacate the flat till now, bidding happened 3 months ago.
Now they filed application at District Magistrate Court for orders in vacating the flat.
1) How many days (approximate time) it will take for orders from DM Court and how they will vacate the flat if the previous owners do not want to vacate it anyway.
2) Shall I ask for Sale Certificate from the AO (Authorized Officer) as I have paid 25% of Reserve Price as per Sale notice i.e., Terms and conditions of payment.
Regards,
Sridhar
Bashin Raj
21 July 2017 at 11:48
My mother gifted a property (30 cent) to me in 2012 through a gift deed. The property was self acquired property of my mother. After that my mother, my brother and I jointly built a home in that property (money shared but not equally 50% is my share). There is a home loan too jointly with me and my brother. I have another share of property also. That is my father's ancestral property share, he is died. Now we all three and my wife are living in the house we built. I have a sister also. Now I would like to will the property got me as gift (with the home) in the name my brother and sister and the father's share (50 cent) into my wife's name.
I would like to know whether a will can be executed on a property got as gift. That too to my brother and sister at the time my mother is alive. Whether a will can be executed on a property with home loan.
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Sarfaesi act
Respected sirs,
I have participated in a Bank E auction sale, and I am the successful bidder, paid 25% amount but the bankers did not vacate the flat till now, bidding happened 3 months ago. Now they filed application at District Magistrate Court for orders in vacating the flat. 1) How many days (approximate time) it will take for orders from DM Court and how they will vacate the flat if the previous owners do not want to vacate it anyway. 2) Shall I ask for Sale Certificate from the AO (Authorized Officer) as I have paid 25% of Reserve Price as per Sale notice i.e., Terms and conditions of payment.
sir, can I complain about the whole process and about my amount to the higher officials of bank or shall I approach Head Office or Banking Ombudsman for quick response from the Bank Officials/Authorized Officer or for refund of my money deposited.
Regards, Sridhar