Ravichandra
13 January 2017 at 07:19
Hi Experts,
I need your help in checking all legalities in purchasing a house. 2 properties came for sale in my native place.
1)First one, this house is purchased by the party in July 1996. Its a registered document. But they don’t have link documents etc from whom they have purchased. Now they want to sell. And also the exact party who purchased this house in 1996 is no more. His daughters 3 in number want to sell it now with the help of legal heir certificate and death certificate.
A)Can I go ahead even though they don’t have link documents before 1996 july ?
B)an I purchase this house based on the documents provided by parties daughter(selling
fathers house based on legal heir certificate and death certificate. THEY DONT HAVE
REGISTERED WILL )
2)Second one, This property is purchased by a old gentleman in 1957 year. Document is available. He gave this house to his 2 sons through a registered will. Now sons want to sell and old person who purchased is no more.
A)Can I purchase this house safely ? How to make sure that Old peson who initially purchased the house has written only ONE REGISTERED WILL (because REGISTERED WILL wont be coming in online ENCUMBERANCE CERTIFICATE)
B)How to make sure that no other legal heirs are there other than the 2 sons.
I humbly request you to Please suggest me on above 4 points individually.
I don’t want to give advance now with out checking legal formalities. Last time I lost my advance amount when I tried to purchase but deal not successful.
Please tell me which of the above houses is more safe for me legally.
Anonymous
13 January 2017 at 01:51
I am Grand daughter, My grand father wrote a will that the property will be given to my grand children. By the time he wrote the Will we haven't born. Recently my brothers planning to sell the property without consulting me. I am a grand daughter do u have the same rights?
Arun Kumar Agrawal
12 January 2017 at 19:25
Query:
Facts:
An oral agreement reduced to a memorandum of family arrangement was made in 1980 between my father (youngest of the three brothers) and his two brothers in respect my grandfather’s property and was reduced in writing and signed by all three of them. All three parties to the agreement are deceased. One of the clauses said that each member will have the properties against his name will have the property transferred in his name and will not have anything to do each other.
The eldest brother of my father and my father were allotted 1/3rd and 2/3rd share in an orchard.
The 2/3rd share property of my father was further divided into three parts, with one part going to my parents, one part to my brother and one part to me in1991 through a memorandum of family partition.
My father’s elder brother passed away in 2002 and has an adopted son as his successor (Referred to as A). My father died in 2006. My father’s elder brother use to reside in the village where all the property is located while my father lived was a doctor in a town 150 km from the village and completely trusted his elder brother who use to look after the orchard property. The orchard property was never divided or demarcated. The land was not mutated in their names and according to the revenue record continues to be in my grandfather’s name.
The land is located by the bank of the river on one side and by the national highway on the other. Some portion of the land in the 2/3rd share of my father has been eroded into the river. One does not know when.
It was discovered that though three different plots no ( according to the present revenue records) were allotted in the one third share of my father’s elder brother, only one is in the possession right now, the other plots which are adjascent portion are now common land in the form of a village road, This may have come up after 1980. As a result only 50 % of the land is in possession in the three plots.
So the present position of the land is that there is 50% short of land in the my father’s elder brothers portion and 40% in my father’s portion.
My portion of the land is adjacent to that of A
Recently in 2013 acquires the river end of the land and about 1.92 crore compensation was to be paid. A manipulated the records and the government officials to have 60 lacs to be paid to him and filed false affidavit
showing a portion of the land belonging to me and my father as his. This attempt was foiled days before the payment was to be made by filing objections under section 18 of the Land Acquisition Act.
Now he as has filed a tittle suit stating therien that he has been in continuous possession of land which was allotted to my father and then allotted to me. This portion of the land claimed in the title suit is in a different from the plot in which he had claimed compensation of 60 lacs from the government.
His claim is based on the error based in 1980 partition and possession.
Given the facts the following queries:
1. Is the suit time barred under limitation?
2. Is it a title suit or is it a revision of the partition and therefore should be a Partition suit?
3. What should be my defence?
Arun Kumar Agrawal
12 January 2017 at 19:02
Query:
Facts:
An oral agreement reduced to a memorandum of family arrangement was made in 1980 between my father (youngest of the three brothers) and his two brothers in respect my grandfather’s property and was reduced in writing and signed by all three of them. All three parties to the agreement are deceased. One of the clauses said that each member will have the properties against his name will have the property transferred in his name and will not have anything to do each other.
The eldest brother of my father and my father were allotted 1/3rd and 2/3rd share in an orchard.
The 2/3rd share property of my father was further divided into three parts, with one part going to my parents, one part to my brother and one part to me in1991 through a memorandum of family partition.
My father’s elder brother passed away in 2002 and has an adopted son as his successor (Referred to as A). My father died in 2006. My father’s elder brother use to reside in the village where all the property is located while my father lived was a doctor in a town 150 km from the village and completely trusted his elder brother who use to look after the orchard property. The orchard property was never divided or demarcated. The land was not mutated in their names and according to the revenue record continues to be in my grandfather’s name.
The land is located by the bank of the river on one side and by the national highway on the other. Some portion of the land in the 2/3rd share of my father has been eroded into the river. One does not know when.
It was discovered that though three different plots no ( according to the present revenue records) were allotted in the one third share of my father’s elder brother, only one is in the possession right now, the other plots which are adjascent portion are now common land in the form of a village road, This may have come up after 1980. As a result only 50 % of the land is in possession in the three plots.
So the present position of the land is that there is 50% short of land in the my father’s elder brothers portion and 40% in my father’s portion.
My portion of the land is adjacent to that of A
Recently in 2013 acquires the river end of the land and about 1.92 crore compensation was to be paid. A manipulated the records and the government officials to have 60 lacs to be paid to him and filed false affidavit
showing a portion of the land belonging to me and my father as his. This attempt was foiled days before the payment was to be made by filing objections under section 18 of the Land Acquisition Act.
Now he as has filed a tittle suit stating therien that he has been in continuous possession of land which was allotted to my father and then allotted to me. This portion of the land claimed in the title suit is in a different from the plot in which he had claimed compensation of 60 lacs from the government.
His claim is based on the error based in 1980 partition and possession.
Given the facts the following queries:
1. Is the suit time barred under limitation?
2. Is it a title suit or is it a revision of the partition and therefore should be a Partition suit?
3. What should be my defence?
Sashidhar
12 January 2017 at 15:31
Gud afternoon sir...
Can u plz give me the clarification whether the rule of agriculture Land celling have changed r not as mentioned above by lawyer Bhadra Garu
Rajendra
12 January 2017 at 15:03
Dear Sir,
Please guide me how to Consult the concern court registry to know about it.
In which department the court Registry is filed in Bombay High Court?
Please Guide me.
Mani bharathi
12 January 2017 at 14:21
My dad's brother sold a property in 1997 but unregistered. From that year my family agriculture that land till now. My dad expired in 2015 and now 2017 my dad's brother came forward and give complaint that i am using their property and they need back their property. I have all the proof like witness and their sign sale in 1997 but unregistered. What shall I do?
lawyers
12 January 2017 at 12:35
Hi,
I stay on Leave & license basis in a Mumbai CHS. I live in the same apartment since more than 5 years by renewing the agreement with the owners.
The CHS has open car parking on first come first occupy basis.
The parking charges are different for owners and tenants. Rs 100 and Rs 300 resp.
I have a second car now and suddenly the CHS is asking for Rs 1000/- as parking charges for the 2nd car.
The car parking space is easily available as there are hardly any cars of owners in this CHS. No owner has a 2nd car.
I feel this is extremely unfair practice and is there a way to challenge it legally?
What is the process that I should follow? Does the law allow a CHS to charge any amount as per their whims and fancy?
Your help will be highly appreciated.
Rajendra
11 January 2017 at 20:42
Consent Terms duly signed by the parties and
Their Advocates tendered, taken on record and marked “X”.
Decree in terms of Consent Terms.
Refund of Court fees as per rules.
Prothonotary to act on the Minutes.
Smt. Ramrati Radheshyam Gupta ) . . . . PLAINTIFF
Versus
1. Ramesh Ramdeo Gupta & Others )
2. Rajendra Ramdeo Gupta )
3. Pushpa Ramdeo Gupta )
4. Kamla Ramdeo Gupta )
5. Devendra Radheshyam Gupta )
6. Mahendra Radheshyam Gupta ) . . . . DEFENDANTS
CONSENT TERMS
1. The Defendants waive service of Writ of Summons.
2. Defendants admit that the properties described in Ex ‘A’ to the plaint were the property of Hindu Undivided Family consisting of plaintiffs and defendants.
3. Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, admits that under an Agreement of Family Settlement dated 1.10.1998 at Ex ‘D’ to the plaint, defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta received from the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta a sum of Rs.75,000/-(Rupees Seventy Five Thousands only) by cheque no. 434494 dated 25-1-1999 and another sum of Rs.75,000/-(Rupees Seventy Five Thousands only) by cheque no. 434495 dated 2-2-1999 drawn on Shramik Sahakari Bank Ltd., Sakinaka, Mumbai branch totaling to Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) in full and final payments of the value of their share in the property mentioned at Ex ‘A’ to the plaint and in consideration therof they have relinquished, released and surrendered all their right Title and interest therein in favour of the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta. Defendants admit the correctness of the contents of the said Agreement of Family Settlement at Ex ‘D’ to the plaint. Defendants further admit that they have duly signed the said Agreement at Ex ‘D’ to the plaint after being read over the same to them in Hindi language. Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, admits that they have now no right title and interest of any nature whatsoever in the said property described in Ex ‘A’ to the Plaint.
4. Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, agree and undertake that they will neither interfere with the management of the said property by the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta as exclusive owner thereof, nor shall they interfere in getting the said property transferred in the name of plaintiff And defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta.
5. Decree in terms of Consent Terms.
6. No order as to cost.
NOW PLEASE GIVE SUGGESTION TO BELOW MENTIONED MY QUERY :
IF PLAINTIFF EXPIRED AND DEFENDANT NO.1 IS ALSO EXPIRED AND THE GIVEN RIGHTS WERE NOT EXECUTED IN 17 YEARS BY THE RIGHTS HOLDER i.e. DEFENDANT NO. 5 & 6.
NOW I WANT TO KNOW THAT IF RIGHTS WERE NOT EXECUTED IN 17 YEARS BY THE DEFENDANT S NO. 5 & 6,CAN DEFENDANTS NO. 5 & 6 WERE EXECUTE IT NOW?
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Builder asking to sign unfair clause to handover flat
My flat only ready but building will take another 6 months to be ready with occupancy certificate status, its a reputed builder, he issued take over notice to me with final installment. From promised contractual date plus six months grace period, the Project is already delayed by 1.5 years.
Our agreement says I will be paid delay penalty if all installments paid in time, which I have done. But developer says he will settle penalty at registration stage. I agreed that also and completed final installment payment.
Further in the flat take over process, in take over doc to be signed by me, he also included a clause saying "I have no construction delay claims whatsoever". I again objected here. But they say that is a standard document and I have to sign, otherwise they will not hand over flat.I am still holding take over for this reason.
Summary: He is asking me to take over a completed flat in an incomplete building, says delay penalty will be paid during registration and also not handing over saying I have to sign a no no claim clause.
Kindly guide me on following concerns.
1. Is delay penalty till flat completion or till occupancy certificate?
2. Is the delay penalty to be paid in final installment or registration?
3. He is asking me to sign at hand over that I have no delay claim. Will it absolve builder from paying penalty? What legal option I have here?
4. Can I take over flat and then file case for claim for penalty till occupancy certificate? And also include in case the forcing such unfair clauses on customers(harassment)?
Worry is that if I go for legal before take over, he may not hand over flat at saying it is under case now.