Godfrey Gigool
11 January 2017 at 13:27
My family lives in a one room kitchen under pagdi system. We are six members in a family. We are staying there since my grandfather's time about 50 Years. Firstly the land lord was a other fellow who used to take the rent including the water bill. Later he sold the property to another fellow who used to tk rent but water Bill section Was not written in it. But from About past 30 Yes. The water line is used by me and my neighbor. He is the land lord. Sudden in December The water stopped. When we called the water department he said the water bills are not being paid. We spoke to the landlord so he said due to increase in tax we have to pay 200rs extra. We even agreed for it but still the water was not started. Two days back my father And my neighbor went to tlk to him again so he Said that we wil have to pay 30000rs each . I am even ready to take a new connection of water line but I am sure that he won't giv me an NOC. For information the landlord want me to vacant the place since 10-15 yrs. Bt he is giving us less than half the value of d property n so we have denied him. Kindly advice what to do because it has been 20 days since no water.
Nishant Agrawal
11 January 2017 at 09:33
We have taken SME loan from a bank for our pvt ltd company and one of few collateral securities includes one immovable property in the name of relative of the directors. This property is jointly owned by a Mother (Aged 90 plus) and his son (Aged 60 plus). Recently son has expired unfortunately. He did not write his will and as per succession rules his share has devolved to the following family members, deceased's one son, deceased's two daughters, deceased's wife and deceased's mother (90 years plus as mentioned above). Now all these members namely deceased's old aged mother, two daughters, deceased's wife want to do haq tyag (relinquishment deed) in favour of deceased's son. So he will be single owner. Now the questions arises as follows:-
1. Sub Registrar has denied to register relinquishment deed without seeing the original registry of the concerned property. Original registry is kept in the custody of the bank as mortgaged property. Whether registrar is legally right in saying so. There is a difference of opinion on this.
2. Whether such relinquishment will attract stamp duty which is already paid on the mortgage of the property to the bank. (Here I am not asking stamp duty on relinquishment deed, I am asking stamp duty on Equitable Mortgage, please note that there is no enhancement in loan amount).
3. Bank is saying that relinquishment can not happen of a mortgaged property and first it will have to release the property by taking approval from competent authority and then re mortgage of the relinquished property with new owner will take place, but this will attract heavy stamp duty to us. Stamp Duty in MP on EQM is max. Rs. 10 Lacs which will get attracted in this case. Can this be not done after taking NOC from the bank instead of releasing the property from mortgage.
4. If we give NOC of the bank to the sub-registrar for relinquishment then also he may insist for show of original registery and deny to register haq tyag.
Idea is only to save heavy stamp duty and get the work done.
Mrunmai Deshpande
11 January 2017 at 07:09
Thanks for the help.
My Mother is 88 years old. She is totally bed ridden because of severe osteo arthritis and severe osteoporosis. She owns a flat in a registered CHS which she wants to sell. As the sale deed or power of attorney can not be registered due to her physical disability for to be present at Registrar’s office, will you kindly suggest the way out !
Can we Notarize the Power of Attorney Document and go ahead for Registration. Please advise !
Anthony Cyril
10 January 2017 at 22:46
I have 4 acres of agricultural land of grandfather property it has sanctioned by ex-servicemen quota. the court had given judgment 1/11th share after it goes to final decree procedings but not yet decreed. In that time the other defendants sold that property to third party but we were not signed and not participated but we come to know they forged my father signature and sold to other person. Now FDP case going on. After FDP shall I occupy my share in that land is it going any issue. Please guide me.
Mrunmai Deshpande
10 January 2017 at 18:00
My Mother is 88 years old. She is totally bed ridden because of severe osteo arthritis and severe osteoporosis. She owns a flat in a registered CHS which she wants to sell. As the sale deed or power of attorney can not be registered due to her physical disability for to be present at Registrar’s office, will you kindly suggest the way out ! Please help !
Member (Account Deleted)
10 January 2017 at 17:52
Hello , I have purchased a flat in Ulwe,Navi Mumbai in 2013. History of Property : 1) Property was given to two local persons on lease by CIDCO under 12.5% scheme for 60 years. 2) Those two owners sold their ownership to a builder by doing Tri-Party agreement with CIDCO. 3) Builder had completed all construction and also acquired Occupancy Certificate from CIDCO and sold all his flats . 4) Now in 2017 , Sister of those two original Land Owners, has filed a case against them regarding her right in property . And regarding Cancellation of Tri-Party agreement.We also have got the notice from court to be present . 5) I have below document a) Agreement with Builder b) Occupancy Certificate c) Tittle Certificate d) Search Report e) Tri-Party agreement copy f) Final Order to transfer property ownership to Builder by CIDCO. My question is : 1)Why we have received notice from court , as all our document is clear ? 2) Do i have any harm by this notice like loss of my property ? Thanks a lot ..
Puja
10 January 2017 at 13:12
Hello ,
What are the succession rules in case of dead issueless and widower male .Father has already passed away and he has two younger brothers and niece and nephews of an older brother .
Thanks in advance !!!
Prasad
10 January 2017 at 13:09
Experts
my father had written a WILL in 2014, registered .WILL even if it is registered in Registrar office any needs to be probated.How long period need to get probated WILL .
What is effect of that WILL after probate
raokn
10 January 2017 at 12:59
Dear Sirs,
Q-1
In Andhra Pradesh what is the time limit within which a sale deed has to be tendered for Registration from the date of execution of the deed?
Q-2
if the sale deed cannot be registered within the above period-what is the remedy?or only need to pay aditional amount for registration?
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Transfer of flat to wife in event of death of husband
Incase the husband dies leaving wife and children's behind and there is no nominee registered, does the transfer of share certificate of the flat needs succession or legal heirship certificate.