Ajit
17 January 2017 at 17:54
We reside overseas and are NRI owning a property in Gujarat.In order to rent the same on a short time basis of 11 months 1) what is better a lease agreement or Leave and Licence agreement? 2) After eleven months, if we want to renew the same for a similar period of 11 months, without visiting India, is this possible? 3) Where do we register the signed agreement? 4) What value stamp paper will be required for the agreement of Rs. 30,000/Month rent? Thanks a million in advance for the response to our questions.
Anonymous
17 January 2017 at 16:24
Hi there is a flat on my father's name. The nomination of which is made on my mother's name. I have younger brother and mother as first degree relative. Now my father expired in May 2016. My mother and brother both want to give me the said flat. But I have to sign MOU saying that I will not demand any share in other property. Should I go for a gift deed or release deed from both as stamp duty and other charges do matter ?
Vishal
17 January 2017 at 13:38
The Flat was in the name of Mrs A who died in 1991. From then onwards hier legal heirs are residing in the said flat. However no name transfer was done. (Note that tenancy was acquired in Pagdi syatem). The rent act was ammended in 2001 giving a time period of 5 yearsto legal heirs for transfer of name. Now we have received a letter from land lord that they are under no obligation to transfer name in the name of Legal heir.
Q 1. Does acceptance of rent from 1991 till 2016 create contract between Landlord and tenant and he is obliged to transfer name ? Q 2. Is there any provision of deemed tenancy. Q 3. Does pagdi syatem has any legal significance Q4. Landlord already knew of the death of tenant. and he kept silent for all these years. Does it make a difference Please
suggest an Advocate in kolkata to take up this case
murali
16 January 2017 at 15:52
My father expired two years back. He has some paddy fields and house on his name. He didn't wrote any will. All he got was his own. How to change all those to my mother name. Myself and one daughter he have. What are the rights we both have on that property. In order to change the name myself and my sister has to give affidavit as the token willing Ness?
pundalika achyuta bhat
16 January 2017 at 12:40
My great grand father had two wives. Our family tree is as below:
First wife had a son by name Mr. ABC. Mr. ABC had 4 daughters and 5 sons (now all the 4 daughters and 5 sons are dead) . All the daughters and sons are having their children (both gents and ladies). This is our third generation (that is great grand sons of Mr. ABC)
Second wife had 2 sons. Both of them are dead now with no children.
The property (land and house) were in the names of sons from the second wife. The relationship between Mr. ABC and both the sons (from second wife) was that of brothers in nature.
Now we (the third generation that is great grand sons of late Mr. ABC) want to claim the property right. How can it be claimed?. Looking for guidance. We belong to Mangalore (D.K.) Karnataka State.
Chirag Sharma
15 January 2017 at 21:39
Dear professional colleagues,
1. My grandfather purchased a house in Mumbai for ₹38,000 in 1976
2. On the agreement, first name is my grandfather's and second is my grandfather's brother's wife (bhabhi)
My grandmother's name is nowhere mentioned. Possession is with the other party since day one.
No ratios of ownership is mentioned on the agreement.
Full payment was done by my grandfather via cheques whose bank confirmations and cheque Xerox we have
3. In 1978, grandfather solemnly affirms that he inserted her bhabhi's name only out of love and affection and that the whole property should be given to his legal heirs only. His bhabhi does not sign or agrees with my grandfather's affidavit. Grandfather passed away in 1992 and till date possession of the property is with the other party.
4. Original deed is with us.
5. Today, I'm planning to go to the High Court directly as I feel it's a very simple case and shouldn't have been dragged this long at the society court.
6. No out of court settlement has worked.
Questions-
1. Can I approach Bombay High Court directly bypassing co-operative court and appeal?
2. Will my grandfather's affidavit hold good and can we today claim full 100% of the property? If not,
3. Should we not try for 100% and try only 50% as we had made a mistake in 1976 and an enforceable contract has bind us.
anuj
15 January 2017 at 21:35
my family has a house in mumbai. The house comes under pagdi system. The house is in the name of grandmother. My grandmother died on 20 sept 16.
The landlord lives in same locality of our house.
My grandmother had 3 children- my dad the eldest, my uncle the middle one & youngest my aunt. The land lord is giving money to my dad, uncle & aunt for collecting No Objection Certificate so that he can sell the room to another party. Now all the rent reciepts of the family are in my grandmothers name.
Now the landlord is paying 5 lakhs to my uncle, 3 lakhs to aunty & 2.5 lakhs to dad for NOC.
My dad is demanding 5 lakhs, but the landlord refuses to pay 5 lakhs to us.
We haven't paid the rent for 10 years of room. The
landlord says he has the legal right to take possession of the room since we haven't paid the rent for 10 years. The landlord is forcing us to take 2.5 lakhs & give NOC. He is in very hurry to sell the room.
Please advice us that can he take the legal possession of the room, since we haven't paid rent for 10 years?. If so, then why is he forcing us to give NOC, what is the importance of NOC in this case.?
anuj
15 January 2017 at 14:54
my family has a house in mumbai. The house comes under pagdi system. The house is in the name of grandmother. My grandmother died on 20 sept 16.
The landlord lives in same locality of our house.
My grandmother had 3 children- my dad the eldest, my uncle the middle one & youngest my aunt. The land lord is giving money to my dad, uncle & aunt for collecting No Objection Certificate so that he can sell the room to another party. Now all the rent reciepts of the family are in my grandmothers name.
Now the landlord is paying 5 lakhs to my uncle, 3 lakhs to aunty & 2.5 lakhs to dad for NOC.
My dad is demanding 5 lakhs, but the landlord refuses to pay 5 lakhs to us.
We haven't paid the rent for 10 years of room. The
landlord says he has the legal right to take possession of the room since we haven't paid the rent for 10 years. The landlord is forcing us to take 2.5 lakhs & give NOC. He is in very hurry to sell the room.
Please advice us that can he take the legal possession of the room, since we haven't paid rent for 10 years?. If so, then why is he forcing us to give NOC, what is the importance of NOC in this case.?
jayesh sinha
15 January 2017 at 11:58
property is jointly in my father and mother name,father age is 76 and mother age is 72,father is able to sign and can go to registrar office but mother due to brain problem is mental patient and cannot sign and can not go to registrar office father wants to transfer property in my name through simple stamp paper is it allowed from law point of view will i have to take sign of both in the event of death of parents how property will be divided among three brothers.
secondly somebody is giving opinion that that property will be transfered through gift deed for which stamp duty feees will have to be paid to govt which i want to avoid kindly advise other solution if available from law point of view
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Map n judgement required of 1948 case
How can I get certified copies under court seal of judgment and map in a decree declaired in civil case of property that was decided in 1947 between my grandfather and their brother .
Whether there is any provision in civil procedure code or in any other law to get certified copies of it.