VaibhavS
30 May 2017 at 23:39
Can expert guide me whether construction of house under Grampanchayat approval valid on NA land in Murbad location. Is there any recent changes in law that TP approval is only required.
Dr Shahid Nadeem
30 May 2017 at 18:34
Respected Experts.....
A land developer in Maharashtra ,in a municipal council area having a Non agriculture land. He has sold plots in that land without converting the land to layout, he sold plots by simply demarcation of the land into number of plots and only on hundred rupees stamp paper( unregistered) without prior permission of Developing authority or even without any type of sanction from any Development authority or without any consent of local body of Municipal council....
What actions should have been taken against that land developer in the light of Land laws of Maharashtra ....And what offence punishable under IPC has been done by that Land Mafia..... Please suggest how could we ( the villagers ) take legal action against him...........can FIR be lodged against him?????
Regards
Jayalakshmi
30 May 2017 at 17:12
Sir,
I am jayslakshmi from Chennai.. long back (25yrs before) my father purchased a land and registered on my mother name. Recently they built a house on that land through SBI Bank loan..Pointing my mom as a primary owner and first applicant and my brother as second applicant.. my parents have three kids my brother,sister and myself as the last one.after paying 2 or 3 installments my brother refused pay the rest of the installments...My parents are not earning so I decided to take up the loan and pay it completely..
Already I paid partial amount and 20lakhs more to clear the loan..In this case my parents wants to sell the property to me as I am going to repay the entire loan amount.Also I have decided to pay off the land cost to my parents. In this case I need your suggestions regarding the property.
(1) This property is not ancestral one and it is purely purchased my father on his self earning.
(2) Is it possible for a mother to sell the property to her one of the kid.
(3) Whether other siblings have share on the property
(4) As it is self earned property is my mother have rights to sell the property to any one of her kids without other kids permission
(5) If she is selling like that will there be any legal issues in future for the kid who is buying the property..
(6) What if, If I settle the whole loan amount and clear off the loan then is it possible for my mom to give that property through Thane settlement deed..
(7) If I get the property through thane settlement whether other kids are eligible to ask for share of the property
Please guide me
Thanks
With regards
Jayslakshmi
Jayalakshmi
30 May 2017 at 16:55
Sir,
I am jayslakshmi from Chennai.. long back (25yrs before) my father purchased a land and registered on my mother name. Recently they built a house on that land through SBI Bank loan..Pointing my mom as a primary owner and first applicant and my brother as second applicant.. my parents have three kids my brother,sister and myself as the last one.after paying 2 or 3 installments my brother refused pay the rest of the installments...My parents are not earning so I decided to take up the loan and pay it completely..
Already I paid partial amount and 20lakhs more to clear the loan..In this case my parents wants to sell the property to me as I am going to repay the entire loan amount.Also I have decided to pay off the land cost to my parents. In this case I need your suggestions regarding the property.
(1) This property is not ancestral one and it is purely purchased my father on his self earning.
(2) Is it possible for a mother to sell the property to her one of the kid.
(3) Whether other siblings have share on the property
(4) As it is self earned property is my mother have rights to sell the property to any one of her kids without other kids permission
(5) If she is selling like that will there be any legal issues in future for the kid who is buying the property..
(6) What if, If I settle the whole loan amount and clear off the loan then is it possible for my mom to give that property through Thane settlement deed..
(7) If I get the property through thane settlement whether other kids are eligible to ask for share of the property
Please guide me
Thanks
With regards
Jayslakshmi
ash83
30 May 2017 at 15:41
Hi All, can you please help resolve our family dispute with property ?
About the Property:
The property is ancestral. Belong to
My Grand fathers Grand father.
My Grand father and his brother made settled for partitions among them.
My Grand father has 4 sons and 2 daughters.
One daughter has filed a suit in court asking for 1/6th share. another daughter is not interested in property share.
My Aunt is born in 1955 and married in 1976.
Partitions made:
In 1981, Panchayat palapatti was made, We have 5 different survey number properties. The property was divided among some share to my grand father in one of the survey number and other properties was equally divided among his 4 sons and In one of the survey number. 1 site each commercial property was given and mentioned in panchayat palapatti to each of my aunts. ( 2 daughters) . All have singed the panchayat agreement.
Since the Partition was not executed in register office at that time as my aunt was forcing that she wants site registered. My Grand father directly registered site to my Aunt who has put case now. She inturn sold the site to someone. From that someone my uncle who is the fourth son purchased the property. In panchayat pallati all the persons have singed the documents agreeing to the terms in including my aunts.
In 2001, Partitions which was mentioned in panchayat palapatti, was registered with some minor changes in sub register office among my grand father and his four sons. However in this deed, there is no mention on daughters name and there is no signatures from them. Since family was good with no disputes. my aunts were okay for us to register that time without their presence.
My grand father died in 2006 nov, after the HUF 2005 act came into picture.
Current court proceedings:
The case was filled in 2010.
Currently opposition lawyer is questioning one by one to sons.
Can you please help understand the outcome of the case.
1. Does HUF Act 2005 Amendment act applies ?.
Here my grand father has died in 2006, However the partitions are done in 2001.
2. In Prakash & Ors vs. Phulavati & Ors case, SC has said that
"Finally, Supreme Court held that the rights under the amendment are applicable to living daughters of living coparceners as on 9th September, 2005 irrespective of when such daughters are born. Disposition or alienation including partitions which may have taken place before 20th December, 2004 as per law applicable prior to the said date will remain unaffected. Any transaction of partition effected thereafter will be governed by the Explanation."
In it said, it will not reopen the cases which are partitioned prior to 2004, but both my grand father and aunt are live when act came into effect.
1. Please help to understand what will be the outcome. does she entitled for 1\6th share ?
2. All our property Stay order is shown which is effective from 2010. How can we remove that stay order and how to construct something on it.
Thanks for reading through and please advice.
Anonymous
30 May 2017 at 00:17
Sir
In a case where a single girl child's both parents had died and she cannot locate the registry papers of her house, what is the procedure to get the papers and also what Is the procedure to get that property transferred on the girl's name.
The property is under the name of her mate mother.
Manisha
29 May 2017 at 23:38
Dear Sir,
We have a joint flat on the name of me and my husband in Chennai. I want to withdraw my name from the ownership of flat. what will be the procedure to transfer the ownership of property to my husband's name.
Regards
Manisha
Rajan Shashikant Patel
29 May 2017 at 14:45
respected sirs,
my house is a part of co.op.hos.soc., we(society) had taken a loan for custruction which is paid off now . there is no debts on society now and it is released by finanacial institution.
now we (i and other member ) wants to demolish our houses and wants to construct an apartment on our land . but society is refusing to give NOC ..
Q: can we resign from the society and then construct an apartment ?
Q2: how to deattach our houses from the society so that we can build an apartment ?
Q3: if society is not giving NOC ( as per the society's bylaws) for building a flat in the society can any other authority grant us a permission ? ( as our local body is municipal corporation)
NB: society is not working properly as per all the bylaws of society
plz. guide us ...as we don't want to continue being under the rules of the said society .. what is the possible ways .
thanking you .
SAA_Bombay
29 May 2017 at 12:27
Sir, we are three children of parents. Sister is married. Elder brother is in business of father & me on service. Elder brother stays with father & hold a good position in family as all assets of dad is in his possession. I stay at house which is in name of my mother who stays with my brother. Now, they have asked me & my wife to vacant the house as they have made some business loss & they want to compensate same by selling this house. & they have asked me to manage my living in rent house. Here need to say that brother have possession of flat where they currently live, of village house & dads office also (including car & other valuables). But than too they are asking me to vacant house. When i refused they are forcing me & say that they will send me legal notice as house is in name of my mom. Even my mother does what is said to her by my brother. To inform I stay in this house from last 7 years & is maintained by me only.
Please advice what can i do? Do we have to vacant house?
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Got trapped due to fraud builder - bank has initiated sarfesi act
I brought a property from Mr X (Younger brother) which was already mortgaged with SBI and as part of the sales proceed I took a NEW housing loan from same SBI branch and cleared Mr X's liability. For 5 years I stayed in the house and fully cleared my SBI home loan.
One fine day when I paid the last installment of my SBI loan, another Bank Indian Overseas Bank (IOB) came to my door saying that this property belongs to them as My Y (elder brother of Mr X) had mortgaged (equitable) it with them in 2004.
Later upon investigation we found out that Mr Y (elder brother) had taken a Loan of 6.0 Lakhs by means of Equitable Mortgage by making Mr X as Guarantor with IOB. However, within 6 months Mr Y (elder brother) secretly and fraudulently sold the property to Mr X WITHOUT the notice of IOB and Mr X went ahead and obtained loan from SBI. SBI too did not verify properly and gave loan to a property which was already mortgaged. Interestingly, The younger brother updated the govt records at Sub Registrar office and transferred the property in his name in Record of rights/Khata etc.
Now both Mr X and Mr Y have absconded and SBI has washed away its hands. SBI declines to cooperate with me and to my RTI application seeking copy of legal opinion they say it is NOT ON RECORDS.
IOB keeps sending Section 13(2) notice to its original borrower marking a copy to me. However from 6 years they have been only sending section 13(2) notice only. nothing beyond that.
I have filed a civil suite for injunction in 2011. The Bank is simply passing time and the case is going very slow from past 5 years. My counsel too does not have much knowledge on SARFESI Act
Please suggest whats the remedy for me as I am 100% innocent buyer who brought the property following the law of the land and after verifying all records taking loan from SBI and cleared it 100%
Its a clear case of Builder Bank and Bank Bank nexus. Both bank knew the fraud but kept quite and waited till I cleared my SBI loan and as soon as I cleared my loan the very next day IOB came to my door.
Thanks
Rajesh