Shiva Shankara R Shetty
19 November 2016 at 11:21
Dear Experts;
I’m planning to purchase 600 Sq. Ft. out-house property in Jayanagar 4th ‘T’ Block, Bangalore south.
The undivided site is 2400 Sq. Ft allotted by City Improvement Trust Board (later renamed as BDA) in the year of 1958 to the M.R. Ramachandra and issued a possession certificate. Based on such possession certificate, he constructed house measuring 600 Sq. Ft. as out-house.
Ramachandra has two son’s, elder son is M R Prakash and younger son is M R Ramesh. Initially, all are living jointly (Father, mother, elder son, his wife and younger son) in the same house. After getting the marriage of younger son, he decided to construct separate house, in the front portion.
After that, Ramesh constructed new house (1350 Sq. Ft) in front portion and moved there. Father was living along with elder son. A female child born to elder son. Later, male child born to Ramesh.
Immediately, father moved to the younger son house and neglected the elder son.
In 2008, father executed a will. As per the will, the out-house (600 Sq. Ft) given to the elder son and the front house (1,350 Sq. Ft) given to younger son. There is common area which measures 450 Sq. Ft. which belongs to both.
In 2011, M R Ramachandra died and in June, 2014 the absolute sale deed executed between Dy. Secretary, BDA (1st Party) and Mr. Prakash and Mr. Ramesh (both are 2nd party). In July, 2014, the release deed executed by Mr. Prakash and releases 1,350 Sq. Ft. to Mr. Praksh. However, the release deed speaks about the provisions of the will and mentioned the Schedule A (covers the entire property) and Schedule B (covers Ramesh’s share). But, it doesn’t speaks about Prakash’s share. The remaining area is common area and as per the will, it belongs to both and should not construct any structure.
In Aug, 2014 Mr.Prakash also died. Now, Khata of the said 600 Sq. Ft transferred to his wife. Now, she want to sell that property.
Now, my lawyer says that, out-house which measures 600 Sq. Ft is belongs to both the sons and having valid titles based on the absolute sale deed which executed in the year of 2014. As per his view, will is final document for legal heirs (not for buyer) and absolute sale deed is base document for buyer of such property. For buyer, the valid title comes from absolute sale deed only. Because, such sale deed is executed after the execution of will. Therefore, sale deed the latest and final document.
As per the sale deed, the entire property belongs to both. Then, 1,350 Sq. Ft release in July, 2014 from elder brother to younger brother. However, younger brother still having 50% share in out-house.
He was demanding for partition deed between the brothers or consented witness from the younger brother. However, Mr. Prakash not ready for either of partition deed or consented witness.
Now, my advocate refer for second opinion. So, my question is whether my advocate view is correct? Any alternative available? Can I proceed to buy the property?
I attached the soft copy of the release deed for the reference.
Thanks in advance.
Shrban
18 November 2016 at 23:10
I am residence of sector 39 Noida. 11th Nov I was parked my car in front of my home, in the mid-night another car hit my car from backside and my car get damaged.
G4S security is in place to provide 24x7 security inside the society, the G4S security in charge knows all about the accused car owner but he is not ready to provide any details about the accused.
I talked with Society president and society security in-charge but no one is ready to provide me the details even they have all details about the accused car owner.
I was register a police complain against the case but till now there is no action taken by police.
Today I came to know about the accused car owner’s details from some other sources.
Is there any way to complain against the accused car owner as well as society security in charge and G4S security in charge ?
cddevaraj
18 November 2016 at 22:43
Sir, what's the legal validity of MOU, registration is required and Stamp duty at Karnataka
DEVARAJ
ANVPK
16 November 2016 at 21:44
Hi,
In 20013, my friend bought a semi-furnished duplex house. The history of the property is as below :
The land was bought by a person A, and all his 3 sons S1, S2 and S3 from another person (That sale deed has A and S1, S2 and S3 as the Vendees). The whole land was given for development later. The builder made the land into plots (to construct duplex houses ) and allotted some plots to A, S1, S2 and S3.
S1 got some number of plots. S1 gifted some of the plots (with semi-furnished duplex houses built by the builder) to his wife through gift deed in 2007.
In 2013, S1's wife sold the house to my friend. At that time, they had a major son. My friend did not take the signature of the son as the officials at the office told that is not required.
Now, my friend am under doubt if he should have taken the signature of the son. Can you please let us know if he will face any trouble while selling the house in the future ? If so, is there something he can do now ?
anilkumar
16 November 2016 at 19:53
Sir
For a land purchase if all the payments make through cheque but full value is not showing in sale deed, is there any problem with regard to stamp duty payment .
Sajal Ghosh
15 November 2016 at 19:59
Hi,
I would like to inform you that I have started construction for my home recently.
I have purchased a plot in Divya Rock Island in Indore ,MP which is located in Sanwer district in Panchderia village.
My plot size is 760 sq feet (37.5*20)
I have constructed the foundation of my building and left 1.5 metres distance from the concrete road on both side of the building as the plot is at the corner.
Previously my building line was 4 feet 7 inches from the road but the colonizer raised objection and forced me to move my foundation 1.5 metres on both side. I have bent the column 4 inches and constructed the walls as demanded, but they also informed me not to extend the roof or build any sun shade for the windows as well. Now my query is that if there is no sunshade in my windows or any projections in the roof, then rain can easily drain inside my house, My roof is 12 feet above the ground so is there any harm if projections of at least 2 feet made in the roof. Still 3 feet distance will remain from the road.
For your information drainage line has been already laid. Water supply and electricity lines are yet to be done.
As I am staying on rent, I want to complete my house as soon as possible and I will arrange water supply and electricity of my own.
My plot is registered on my name and permission formalities are all done, there are no dues for payment on my part.
So therefore please, kindly suggest what should I do now.
Souma kanti chatterjee
14 November 2016 at 01:18
What will be the exact stamp duty value of a property cost RS. 3300000 ?
Surender Singh
14 November 2016 at 00:26
Can I buy a flat for my daughter who is 17 yrs old. So that it can be use full for her marriage.
Niranjan
13 November 2016 at 21:59
My wife Grandfather having 364 Sq.Yards land and having Grand Daughters. He wrote a will that Each Grand Daughter will get equal share of land i.e., 182 Sq. Yards. At the time of marriage he registered 152 Sq. Yards to my wife as Gift at time of Marriage. Last Year he died. My questions are
1. How my Wife will get full legal rights on all total area of 182 Sq Yards?
2. How to change my Registered docs from 152 to 182 Sq.Yards?
3. is the Register of WILL is sufficient or need to do any amendment to Registration Docs?
Regards / Niranjan (Mob: 8007775696)
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Interference in my privacy by neighbors
sir infront of my house a plot which was single story shop is purchased by one of my neighbor. he demolished that old shop and constructed a new three story shop with all
windows and door facing my varanda or open area of my house where we use to sit freely with family. now he has rented that shop to another state laborers
to live there.we are in trouble now. we talked to the owner that it is not house you cant give it on rent for living and requested that please cover balcony of both second and third floor which is facing our varanda or open area to stop direct interference. in reply he said it is my building and i will not change any thing. now it is big trouble for us we cant walk in morning and evening, we cant
sit in sunlight, we cant even sit in open area of house freely , as we always feel someone is watching us. in solution what we can do . if we construct a wall of 60 to 70 feet high, it will sustainble (or last long) what should i do. please help. i have attached file photo for more clarity.