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Stephen   19 July 2017 at 10:35

Jointly held property

Dear Sirs,

I have a jointly held flat in a Co op society in Mumbai with my Mom who passed away. I have 1 brother & 1 sister. They are willing to forego their share w/o any consideration (thru gift deed). Is there a way to transfer the property in my name in the society as well as mutation thru Registrar w/o having to go thru the succession certificate process ?

Pls advise.

Tk's & Brgds Stephen

SANTTHOSH SHETTY   19 July 2017 at 10:04

Property registered with fake floor plan attachment

I bought flat in one of the redevelopment building in 2013. however after obtaining the oc builder constructed illegal shop in place of hydraulic parking. even without the knowledge of the society, he sold that shop with attaching the fake floor plan showing the shop. now as a member of the society can we make a complaint with registrar of property to cancel that agreement being fake floor plan is attached. in original bmc approved plan the hydraulic parking is showing.

Rajesh Kumar Agrawal   18 July 2017 at 19:48

Method of sale to be adopted

1)A Land is purchased and registered with the Registrar of Assurances in the name of A,B and C, in 2007. 2)The above Land was transferred in the name of a Company XYZ Pvt Ltd.,in which all A, B and C are the Directors,in FY 2009-2010 3) The Company issued Equity Shares to the Directors A, B and C in FY 2009-2010on account of sale consideration of the Land . The Land was not registered with the Registrar of Assurances. 4) In FY 2010-2011, the Company erected a factory building on the above Land. 5)Land and Buliding, both are now reflected in the Books Of Accounts of XYZ Pvt Ltd., since FY 2010-2011. 6)Now, Can the Directors, (A, B and C) of the Company , ie., who happen to be the owners of the Land in the record registrar of Assurances, and state land revenue records, (as the land was registered in their name with Registrar of Assurances) NOMINATE the Company XYZ Pvt Ltd., to sell the land. 7) Building will be sold by the Company. Kindly advise.
Looking forward to a quick reply.Thanks and regards
Read more at: http://www.lawyersclubindia.com/experts/ask_query.asp

G SREEDHAR   18 July 2017 at 16:18

Plan approval and documents

Sir, I plan to purchase a flat at first floor of total two floors
Inthe document already registered the flat is mentioned as at first floor in first registration. I am the second purchaser.
The plan got approved by authorities as stilt, ground and first floor and open terrace
Actual building is as car parking and one flat at stilt and three flat at first floor two at second floor.
Now the doubt is in the plan approval selected flat is shown as ground floor, but in last register document it is mentioned as first floor. Is it correct, is it adviceable to purchase the same
Please clarify
Thanking you
G SREEDHAR

GUNDA SRIDHAR   18 July 2017 at 13:18

Sarfaesi act-sale notice by allahabad bank

Dear Sirs,
Iam a small private employee in an organisation with 20,000 monthly salary, I had come across a sale notice in one of the online portals, and I have participated in the e-auction,got the property i.e., Residential Flat in e-auction as I am the highest bidder. 25% amount paid as per the sale notice, for remaining 75%, I took the loan from the same bank but different branch i.e., Allahabad-Centralized Retail Banking Boutique, Hyderabad Branch. Now, the bank is going to provide me sale certificate and later registration. But the owners of the flat are residing in the flat, they have not vacated till date, I have approached Bank Officials and asked them that before registration, I need the flat to be vacant and handover to me, even I asked them to issue a notice to present owners to vacate the property, but bank officials are stating that, that is not their responsibility and simply saying the sale notice-PROPERTY is under "AS IS WHERE IS BASIS, AS IS WHAT IS BASIS" 1)In this matter What should I supposed to do, is it my headache to take the property by vacating the present owners? One of the Bank official said that after registration, asked to me to give police complaint. 2) In case if the present owners do not vacate if I insist them also?What should I do? 3)In this regard, bank will not interfere or definitely if I complete the registration process, bank people will wash their hands... 4)Is there any possibility that can I pressurize Bank Officials to let the present owners to be vacated? Please suggest/help me how to proceed, in this regard I am in so much tension and financially I can not go with the complaints/Police cases/DRT Cases etc.

Sir, I have discussed with the Authorized Officer, in his talks and words, I came to knew that, AO is supporting the present owner and asking me to take the refund for 25% amount deposited with the bank. He is also warning me that, there is authority to him that the 25% also can be forfeited as I have not paid 75% amount within 15 days as per the sale notice. But with prior intimation in writing I have asked them the time for 75% loan from the same bank but the process is done by different allahabad bank and the loan is almost in final stage. This loan has to approve by AO only, now he kept it in pending.
How can I proceed further..please suggest me..shall I inform all this to Zonal Office Chief or shall I warn AO by exploring all the documents legally i.e., I have all the written papers, time asked for loan, loan application, copy of legal opinion of advocate regarding loan process etc.

After having discussions with the ZO of Allahabad Bank, now the bank officials are filing a suit in DM Court for physical possession of property, but this should have been done before publishing the sale notice only, now if I ask them, they are saying that, after taking the physical possession, they will issue me the sale deed and registration. 1) How many days should I wait for this, suppose if they approach DM Court today?How many days it will take to take the possession for the bank officials.?
2) Is it confirm that they will take the physical possession, If the bank officials keep the matter in pending, how can I proceed with them?

Regards,
Sridhar




khasim   18 July 2017 at 11:40

Link documents issue

Dear Sir ,

Recently my father bought a 170sqm plot which has 9 years registered link documents. i mean we have registered documents from 2008 to till the date for this plot .

we came to know that before 2008 there were 3 sales transactions (Sales Agreement on a stamp paper ) happend against this property and all of 3 are not registered with any registrar . we went to ex owners to get copies of these at least but failed to retrieve

Now banker is not accepting with 9yrs link documents , he need at leaset 18yrs of link documents for to process home loan . kindly advice what to do .


Thanks & Regrads
Khasim Shaik

Anonymous   18 July 2017 at 02:36

Land's hakpatrak nondh not available

Sir,
please share your opinion . And guide in following matter. :

For an Agricultural, Juni Sharat Land in a village of Gujarat,
On making application to get a copy of Hakpatrak Nondh in Gaam Namuna No. 6,
the land owner 'A' receives answer from Mamlatdar Kacheri, that : ''The page on which that particular Nondh was written , is torn and now not available anyhow.''

Thus, Hakpatrak Register has not that Nondh available and besides, in Village Namuna No.7, his land is being shown in the name of any other person 'B'.

That other person 'B' has got his name in this land after death of his father. And that other person 'B' has taken loan, too , on such land.

The Nondh , by which this land was transferred from A's ancestors to the other person B 's ancestors, is not available now in Mamlatdar kacheri.
These land is gone in the name of any other person 'B', without any notice to 'A'. No any notice is received to 'A' himself or by his father in past, for any type of name change or for transfering the ownership.


QUESTIONS :

(1) What can 'A' do now, to get his land back in his own name ?
(2) How can 'A' prove his genuine ownership in such land ?
(3) On which basis, justice is given in such cases?
(4) Is any possibility there, to get A's ancestral land back in his name ?
(5) Is there any particular legal procedure for such cases ?

Please, guide.
Thanks.

Member (Account Deleted)   18 July 2017 at 01:49

transfer of tenancy under the pagdi system

Transfer of tenancy under the Pagdi system

Dear Sir/Madam,

I have few questions for which I seek legal answer, your advice will be highly appreciated.

My father passed away last year leaving our mother and three daughters. He had purchased a room in 1995 in my mother's name, in South Mumbai, on Pagdi System, which is now given on rent with landlords permission, in return of paying him one months rent every year.

My mother is currently living in Thane and managing her expenses from 10k rent she receives from the said Mumbai room. We all three sisters are married and living with our own families.


My mother have few concerns, therefore my questions are:

1. Is it right that in case of the original tenant's demise if the property is on rent, the heirs have no right and the landlord can refuse to transfer tenancy to heirs and just takes over the property? If not then what can happen to the property after my mother?

2. Can the landlord reject the request to transfer the tenancy in any one or all three daughters names during my mothers life time.

3. What maximum percentage of transfer charge landlord can charge in case if he agrees to transfer the tenancy to any one of the daughter, or all three of us during my mothers life time? Will it be the same as we sell to outsider or will it be concessional?


Please answer the above questions and advice the best solution of this issue.

Many thanks.

Sudarshan   17 July 2017 at 18:20

Right in family property

Hello Experts,
My query is, My grandfather's(Mother's Father) father had inherited some property in Visakhapatnam Andhra Pradesh. During 1984, The Government of India had acquired those properties(Lands) as per Land Acquisition Act for construction of Vizag Steel plant. However, on the date of acquisition by the Govt, my Grandfather's father had been dead. At that time, my grandfather had 4 brothers and 1 unmarried sister. The government had awarded compensation to the above mentioned six persons as their father had been dead in the form of lands under rehabilitation policy. The compensation had been awarded through issue of R Cards which specify the plot number and area of the lands awarded to each of the persons mentioned above. Now 2 months ago my grand father was deceased and it came to our notice that, the portion of land which he got as compensation from government was transferred in the name of my mother's younger sister. Is this legally valid? Is my mother entitled to an equal share in that property? What action can we take now?
Please help on this issue..