Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

srm261001   20 October 2016 at 09:58

Possession vs ownership

"Namaste Sir"
my self Bitan Arya D/O Sri Ram, living in Sitapur (UP), i need your help, i have some dispute details are
1) Me and my brother Mr. Netram two child of my parent Mr. Sri Ram & Mrs. Chameli Devi born in small village near sitapur distt., at my early age (5 yr) my father expired, my brother n my mother after my studied married with Mr. Ram Kumar.

2) My Husband is private Driver(Tampo/Auto) in lucknow, after marriage we struggled to settle our life, in between i have 3 kids...due to poor economic condition not possible to live in lucknow, so my brother (Netram) suggest, you shifted in Sitapur with family, so i returned back in Sitapur in 1990

3) My brother purchase a land (560.Sq Ft) in Sitapur (Only with NOTARY PAPERS IN 1990) from our parental income/Cash/ or property, and with the suggestion of my mother n brother i possessed/constructed that land in year 1990 with Me , my Husband and My 3 child.

4) After the year 1990 to 2016, i fully constructed on that land with Two Floors, All amount in construction paid by my Husband, my bother never object of that, in between my mother expired.

5) Mr brother (Netram) have no any child but he adopted chirl child in approx year of 98/99

6) in year 2012 lands come in municipality area, and fix a house tax receipt with my brothers name (Netram)

7) All construction Bill, My rasan card, Nirvachan card, DL, my kids all government documents, electricity bill, gas bill, rasan card, voter id related to that land

PROBLEM_ NOW MY BROTHER WANT THIS LAND BACK FROM ME..........SIR MAI KYA KARU...AB MAI APNE BACHCHO KO LEKAR KAHAN JAU....MAI TO AB KAHI KI NAHI RAHI...
ab wo dhamki deta hai....gunde bhej dunga jameen khali karo....ye jameen meri hai





Anonymous   19 October 2016 at 18:53

Daughters' right in father's. self acquired property

Dear Sir,
My father-in-law acquired a piece of residential plot in 1972 and he expired in the year 2000 leaving behind his widow, three sons and four daughters. Sons and daughters were got married before his death. There is no will or any other document about this property.

Actually the property was bought by one of my sister-in-law and got registered in her father's name. The original documents are in her possession.

In 2013 my three brothers-in-law in connivance with their mother created duplicate documents and executed a partition deed sharing the property only among three of them and attempted to sell the property. We objected to sell the property and asked for partition.

As there was no amicable solution, all four sisters together filed a civil suit in Dist. court, Karim Nagar,TS state and prayed for invalidating the partition deed and order for sharing the property equally among brothers and sisters.

In the light of above, I request you, Sir, to offer your valuable opinion in the matter as per the law and where we stand.

Thanks and regards,

Yours sincerely,
S. Samala

Shivam   19 October 2016 at 17:02

Mou draft copy

Dear All,

I would like to have MOU draft copy format for Land acquisition in Gujarat.
Actually I would need this because of Internal family understanding which I can reflect through said MOU darft copy.

Please help me with the said matter so I can make this MOU accordingly.

If you have any query on the same then you can contact me.

Thank you very much for your time and consideration.

Best Regards
Shivam

HARENDRA S SINGH   19 October 2016 at 14:58

Green zone or na

Dear Sir

5 yrs back I have purchase a room in chawl (Kalyan) which was in green zone but now when I check online 7/12 it is showing as "Anidhkrut Bandhkaam" that means it change from green zone to R Zone or else?

2)what is chances of demolition as people in our galli is saying as this will get demolished by nagarpallika? (I have reg. agreement where both party declarae as risk will be buyer & sellers & I have no developmennt agreent where developer & owners diff. we are paying taxes to nagarpalika & got nul connection too.)

Regards

shyam lal sharma   19 October 2016 at 13:28

Property rights of a hindu child in adoption

Good Afternoon learned Adocates

Kindly solve my Query as soon as possible...

Property rights of a Hindu Child in Adoption
Mr. A is the adopted child of Mr. B, at the time of adoption Mr. B given some property through registered deed (Settlement deed) to adopted son i.e.,(in the year 1973) to Mr. A, and after Mr. A’s adopted father’s death Mr.A inherited his biological father property with his biological brothers (in the year 1999).
And now Mr. A is demanding the properties of his adopted father i.e., Mr. B and now Mr. B natural daughter and others are in enjoyment.
As per my opinion once Mr.A inherited his natural father’s property he lost his capacity to claim his adopted father’s property.

Vishal Bhasker   17 October 2016 at 16:57

Mall management by builder

The following issue is about a mall located in Oshiwara, Andheri. The builder has sold off almost 85% of the shops and taken two years of advance maintenance i.e one years advance and 12 post dated cheques. The builder has not paid property taxes right from 2014 for which he has already received money from the owners. Apart from this the central airconditiong does not work in major areas of the mall and the shops in it. Due to non payment to housekeeping and security the condition of the mall is going from bad to worse. Please advice what should be done by we owners to take action against the builder. Can we form a society of the owners and take handover from the builder. Respected members of this group please give your valuable suggestions.
Thanking you

KETAN J SHAH   17 October 2016 at 14:59

Suit decreed

Respected Sirs
i am the Landlord of a property in Ghatkopar Mumbai. I had filed a eviction suit against my Tenant who is a Hospital and it is pvt ltd Co and the handled by two directors. The suit was filed for illegal additions/alterations carried out in the premises without the consent of BMC or myself. The suit was decreed in Aug 2016 and the order was to vacate the premises within one month. However the director asked for stay to the order but it was not allowed and he filed a appeal in appalate court.
Now I want to know the following things. I as the Landlord has won the case so now if the other party files an appeal who will bear my legal cost.I have filed the valuation report of the property at market Rate and the Ltd Co has filed at Ready Recknor Rate then which value would be taken for depositing the money in the court.
The suit was filed on the grounds of addition/alterations in the premises which caused heavy sepage of water in the Ground floor premises. Now after the suit decreed the same cause has started but this time the leakage is more severe compared to last time. All the complaint letter from the Ground floor tenant who is a nati0onalised Bank along with the photographs showing the extent of damage to the property are filed along with my reply. Will the court take note of this and dismiss the appeal.
You are requested to give advice and opinion.
Thanking you in advance

SAA_Bombay   17 October 2016 at 11:31

Ngos or helpfull advsiors / advocates

Sir,
My Colony has one newly found foundation which is fighting to save play ground of area from corrupted developers but as the foundation is new it is suffering from fund raising issues due to which they are not able to submit case in court. Can anyone help us or guide us to any any NGOs / Association / advocates who can help this group in concessional rate to fight against corruption. This group is in central line area of Mumbai.

PERVIN   17 October 2016 at 10:21

Transfer of immovable property and shares in chs after death of 1st and 2nd jointowner member

A property was jointly owned by mother and son. Now both are dead. Mother has made regd. will and gifted/bequethed her flat and parking to her daughter and filed nomination form with daughter as 1st authorized nominee.
Jt. holder no. 2 (son) has a surviving son i.e. grandson of mother 1st owner. But grandson left the flat more than 15-16 years ago with his mother (wife of 2nd jt. holder).
Ever since they came to live in this flat neither the 2nd jt. holder, nor his wife or son have paid a single penny towards CHS maintenance, or property tax or any other charges. The abandoned the old mother in old age and never paid a penny for her medical expenses, food clothing etc nor even cared to visit her when in ICU. Pl. inform what % of property share can be claimed by daughter of 1st holder and grandson of 2nd holder who are the only class-I surviving relatives of both deceased. Can entire self acquired property of 1st jt. holder be claimed by her surviving daughter alone in view of the will registered by her as the daughter has taken full responsibility of looking after her mother 1st deceased owner member and attended her all needs and been by her side through thick and thin both physically financially and till her death by her bed. The grandson, his mother have left the 1st and 2nd jt. holders flat and abandoned them entirely years ago. Do they deserve to get any share in this property at all as they have never fulfilled any responsibilities either towards the grandmother, father or family over the past 15 years and more. Pl. send me a confidential reply by email please at the earliest. Also what share can I claim as the legal heir of my deceased mother as per her last will and nomination in which no mention of her grandson is made anywhere by her as they have abandoned her and had no contact or relations with grandson or his maternal family over the past 15 to 16 years. Can the married daughter claim 100% share in property of mother as per her will and nomination/form of transfer signed by her. When is the transfer form to be submitted to society - after death or whilst she was alive which CHS did not accept from her earlier.
Matter Urgent
Pl. reply by noon today preferably for which I thank you in advance.

Mohammed Rizwan Shaikh   17 October 2016 at 02:22

Partnership deed without any title

Dear Experts,
Mr. A hold a property in Mumbai since past 35 years. He doesn't have any title of the property except exclusive and continuous possession of the said land. Further, the title of the said land is with Mr. B since 2006. Now, Mr. A has executed a registered Partnership Deed in favor of Mr. X, Y and Z so that they can start a studio business. Mr. A brought the said land in the new partnership firm.

What is the validity of the Partnership Deed?

Can Mr. A execute Lease Agreement in favor of the newly formed firm?

Can Mr. B challenge the said partnership deed? if challenged can Mr. X Y and Z go for stay?

Can Mr. A go for Adverse Possession, as his possession is hostile to the original land lord (original owner)?

Regards,

Rizwan Shaikh