jayantha
28 September 2016 at 15:32
Some builder is asking my land for 30 years lease,by giving monthly rent,(for construction of warehouse)my lawyer advised not to give for 30 years its so long period,my question is
1)is there any problm if i give for 30 years lease?
2)what is law point which has to be included in lease deed so as lesse should vacate immediately after 30 years?
Manpreet
28 September 2016 at 12:09
Dear experts
I am writing on behalf of a query my aunt who is senior citizen and widow.
My grandfather had received a house post the partition of India in New Delhi.
In time he moved out of that house and rented the same to a tenant way back in the 60's.
The original rent deed is not registered.
The rent was minimal and not revised any time. However before my grandfather's death my grandfather gifted this property to my aunt in 1991.
Post that my aunt sent a termination notice to the tenants in 1993 asking the tenants to vacate the house.
On receiving the termination notice the original tenants requested my aunt for a couple of months time post which they would vacate the said property. All was
done verbally.
In good faith and compassion my aunt allowed them some time.However even after 6 months there was no communication from the tenants and on meeting them they asked for additional time.
After this my aunt decided to stop accepting the monthly rent.
Post that my aunt got married moved overseas and everybody just forgot about this said property.
Some tragic events occurred and my aunt is now back in India after 25 years and wants to sell the given house.
However there are certain facts that I would like to highlight
a)The original tenants with whom the rent agreement was done have been dead for a long time now. We understand that the given inhabitants are children of the given person with whom my grandfather had an original rent agreement.
b) There was no revised rent agreement done ever except the original rent agreement done in the 60's.
c)Nobody from my aunt's family or my aunt have received any rent after serving the termination notice in 1993.
d)There has been no follow up written notice in writing and with the tenants acknowledgement post the termination notice sent in 1993.
e)My aunt has never paid property tax on the said property till date although the given property tax has been paid by the tenants as checked online till date in her name.
My query is:
Can my aunt claim the property in a court of law as we are given to understand from our legal counsel that these tenants are now trespassers.
As the given tenants having been living without paying rent does this help or weaken our status.
Would you experts advice us to get into litigation.
Please advise
Regards
Manu
Mahesh Talreja
27 September 2016 at 18:07
Whether summary eviction proceedings can be initiated through Competent Authority under Maharashtra Rent Control Act for eviction of a licencee of a commercial shop for non payment of license fees and also violating conditions of Leave and Licence Agreement which is duly stamped and registered???
naresh
27 September 2016 at 00:59
What are benefits of entering into tri party tenancy agreement with landlord or is it not necessary to enter into registered tenancy agreement if landlord is ready to issue rent receipt in my name without any agreement
vinod
26 September 2016 at 21:42
Hi, I have plot of 2150 sq ft in gram panchayat limits Which is revenue site.so can I apply my site which is 2150sqft for DC conversion. If so what are the documents required..please help me
Arjun Das
26 September 2016 at 13:44
Sir,My question is "Is there any rule for s.t people that they can not
sell their land if they have no lands more than 5 acers."in odisha
KK
26 September 2016 at 13:43
Who has to conduct the AGM of the society the ex-committee or the new managing committee?
Pushpa
26 September 2016 at 11:57
Hello all,
I have this issue with selling a property. Guidance value of a property is always less than market value. I always have the problem with this. The buyer doesn't want to register at more than guidance value. Now I will be taking the market price for which he will not be ready to register. I will not take cash. If he gives in cheque or DD also what will show that as. That money cannot be shown as source of income from property if it is not mentioned in the registration document.
If the property is registered at a market price of say Rs. 1 Crore then registration cost will be Rs. 6 lakhs at 6%. Now if the guidance value is say half of that they one would like to register at Rs. 3 lakhs. As a seller I want to sell at market price and register the same at Rs. 1 crore. How to deal with buyer to convince that legally he/she should register at market price is a problem for me. Any solution for this issue will be highly appreciated.
Thank you all in advance for your time help and advice.
Regards,
Pushpa
nidhi
26 September 2016 at 00:54
I have got contested divorce from my Ex- husband,custody of the minor son is with me. During cross-examination of my ex-husband he admitted that his father's property is a ancestral property and he will get his share from it in future.
The detail of the property is as follows:-
A lease hold property (house) was purchased by my grand father-in-law in 1960’s at new Delhi. He died in 1982 without leaving any will. My grandfather-in-law left behind two sons & two daughters. In 1992 my father-in-law and his brother applied for conversion of property into freehold after their sisters and mother relinquished their rights. The property was then converted into freehold and Conveyance-Deed was duly registered in their joint names. Now the property stand registered in the joint names of my father-in-law and his brother.
1.Now Can I file partition suit for my minor son's rights in the above said property.
2. Since my husband has admitted the property to be ancestral.
3. I have apprehension that till my child gets major, my ex-inlaws would sell that property.
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Gift deed
I am a resident of mumbai, maharashtra.
I had a tenancy rights in a flat at mumbai.
I had entered into agreement with developer/builder wherein I had to surrender my tenancy rights and he will give me flat on ownership basis.
currently the developer has given me flat which is not as per agreement so therefore i have taken possession of the said flat but not signed the new agreement and currently i am on the procedure to file a case in consumer court.
I am senior citizen and 83yrs old.
i would like to know whether i can make a gift of my benefits/interest in the agreement to my son.
or what can i do so that in future my son does not face any problem.
i have taken possession of the flat but i have not entered into agreement to take ownership of the said flat as its not as per agreement.
so what can I do so that directly after settlement of dispute the property gets transferred to my son?