Ranbir
22 November 2016 at 16:57
Dear sir ,
I like to state that I am residing in my great grand father's property for more.than 80 years and my grand mother was my great grand father 's daughter now the legal heirs of my great grandfather has sold the property to a third party without any intimation to us and they claim that my grand mother was a tenant.and I have no rights in the property but it is totally false.as it is known to the entire neighbourhood that my grand mother had purchased the property from them and they cunningly did not transfer the property in my grand mothers name and all the deal.was.done.verbally
But know the new owner has given me a notice to vacat the property as I have no legal right in the property
The new owner even called the police and I was taken to the police station where I was threaten by the officer to vacat the land or else I will be put to jail for trespassing in another persons property the new owner even filed a case under section 144 crpc in the SDM court stating that I am digging the land and trespassing in his property sir I am to totally harassed
I cannot leave my house as I love my house very much and I will die if I have to live my house sir what are my legal rights and can I be dispossessed from the.house by the new owner even the neighbourhood peoples are there to help me
Sir the new owner was s trying to demolish the house but it was stopped by me with the help.of my relatives
Viraj
21 November 2016 at 22:01
I paid bayana money of Rs 3.5 lakh to the seller but on a condition that if because of any problem in papers the bank denied my loan i will get bayana money back .
I paid Rs 50,000 cash in first meeting and 3 lakh via cheque when we signed the sale agreement . at first the agreement was on normal slip with a postal stamp on it .
Later actual agreement was signed on Rs 100 non judicial stamp paper stating only cheque payment no mention of cash . With 30 November as last date of agreement to be valid for both. Dealer told me that cash cannot be mentioned on the agreement.
Now Seller is not able to provide a document related to flat and i have to send him a notice .
So here is the actual question :
- The agreement will expire in a week and even if he provide me the document i cannot apply for loan again as it will take time. So i want to tell him that the deal is cancelled and please return my money back (earnest money) on or before 30 Nov . Or shall i give him more time ? How much ? to return my money.
- Should i mention about amount mentioned only on agreement , that was 3 lakh or mention about cash as well ?
- Can i add something like if money is paid after the last date (30 Nov) then he is has to pay interest of 9% P.A from the date at which he received the money from us.
Or can i mention 9% p.a interest on time taken after 30 november ?
Member (Account Deleted)
21 November 2016 at 15:59
Year 2005
Developer entered into an agreement with all the tenants to provide flats of same area on ownership basis on the same plot within 12 months with various amenities.
Year 2006
Developer acquired the adjacent plot and then he merged both the plots. And submitted various plans/alteration/changes to BMC without anyone consent.
Year 2009
He gave possession of flat on the adjacent merged plot and made agreement with all the tenants for surrendering their tenancy rights.
We did not sign on the said new agreement nor did we surrender our tenancy rights as the flat which he gave was not as per the agreement. There is no reference of merger in our agreement. Builder has not taken consent of us before changing the plan.
The flat was not as per the area (sq ft) agreed upon. nor it was on the said plat as mentioned in the agreement.
no amenities were provided as per agreement.
We have taken the possession of the said flat as because the developer had stopped paying rent for alternate accommodation. But we have not made new agreement for the said new possessed flat nor we have surrendered our tenancy rights.
had builder taken our consent and made a fresh agreement as and when he changed the plans he would be liable to provide me additional FSI / additional area as per Development Control Rules.
are we entitled to additional benefits as per DCR
and which section and clause entails us the said benefit
Madansingh Shekhaawat
21 November 2016 at 12:28
We are four brothers and two sisters (only heirs). Both sisters are married, one in 1970 and other in 1983. Our father has expired in 1985 and mother in 1993 (both intestate) leaving an independent building in Thane (his self acquired) in which two tenants and we four brothers are staying. After father's death, our mother's name was added in property card. After mother's demise, our four brother’s names were put on property card. Since then we brothers are looking and maintaining the property without input from sisters. In addition, until now, our four brother’s names are continuing on property card and sisters never demanded their names in property card. However, looking at the current property prices boom, in Jan 2016 our sisters, without informing us, have applied with city survey office to cancel our names/entries from property card and sought inclusion of their names in property card with our names.
Do sisters have their right to ask share in our father’s property?
If yes, and if they are stubborn on their demand, can we demand their equal share of charges that we have spent on protecting and maintaining the property until now and in future if required?
ranveer
21 November 2016 at 09:04
I sell my property to a person he paid token amount and with a legal agreement and mention time to pay remaining of money ,,,,i invested that token amount somewhere and make another agreement..
But the first party says to break agreement and asking for refund of the total amount he gave as token,,,,what should i do now legally,,,, please help. How much should i refund as the second party also refuse to give me back the token amount.
Viraj
20 November 2016 at 17:05
I have recently paid bayana to the seller and i need a loan to buy that property.
So in bayana agreement it was mentioned that if my loan is rejected due to issue in any document i will get bayana money back .
So now there is a problem and one paper is missing , seller is not able to provide that paper and now only 1 week is remaining for last date of agreement .
I am sure that the seller cannot provide me the letter as he is not picking up my phone calls and property dealer is not able to arrange a meeting between us. I have been asking him for more than 10 days but no meeting yet .
Can you please guide me how i can make sure i get my bayana money back . What things i can do like SMS or calls so that if i have to go via legal way.
Also the seller needed some money in cash and rest in registry . In bayana only registry amount is mentioned and i paid bayana via cheque so its also mentioned .
Now due to demonetization i know i will not be able to provide amount in cash as i have all white money only .
Can you please guide me how can i get my money back with ease ?
Mohammed Vaid
20 November 2016 at 13:36
Hi,
My soceity is registered soceity in Mumbai. One of the flat owners are senior citizens and want to let out their partial flat on rent, for getting some amount for their livelihood.
They can carve out an additional door for making second entry in the same flat for the licensee.
But our society treasurer is not cooperating them. They are old and always needs money for their medications.
Can anyone please advice, is it possible for them to carve out an additional door for making second entry in their flat, so that they can let out partial flat.
The septuagenarians are ready to pay let out charges to society.
Please advice can they legally do this? They have a clear agreement with all stamp duty and registration paid and done.
b.goheel
20 November 2016 at 07:41
like to know about pros and cons of GIFT DEED over RELEASE DEED relating to property [ownership flat/land].
is registration with authority necessary ?
if it is then which authority to approach ?
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Sale agreement
Dear Expert
I want to buy a house property (Land and single storey) in Tamilnadu 3rd grade municipal area. The agreement is to buy the property in February 2017 for a consideration of Rs 10 lac. Agreement will be effected in November 2016. As per current legal position how much money I can pay in advance and the balance I can directly pay him until February 2017 and proceed. Kindly guide me.