Veerchandra B Shetty
17 April 2023 at 17:31
A property (Residential Flat) is jointly held by mother and daughter in equal ratio. The society has not yet been formed and is still with builder. The mother wants to release her share of the property in her daughters name. The builder is demanding 30000/- for NOC. So is it compulsory to pay the builder or can the gift/ release deed be registered without Builder NOC.
Suman Kundu
15 April 2023 at 22:30
Hi,
I am going to buy and register an apartment with Private Terrace which is attached /adjacent to the apartment, the entry is possible only through the apartment and has Exclusive rights of entry with the Owners only.
Request your kind advise on the best narration to include the same in Sale deed.
Best Regards,
Suman
Anonymous
13 April 2023 at 19:36
Plantiff side issues are framed but still defendant side issues not framed, what is the reason?
Anonymous
13 April 2023 at 19:21
Difference between ansisteral property and joint family assets.
Tanveer ul Qamar
13 April 2023 at 01:10
The owners ( 2 owners) of a flat in coperative society executed a Gift deed of their flat to me through their attorney by execting a limited power of attorney ( since the owners were living in US) without making Society a party in deed, and without taking consent of the society some 10 years back, however society did not granted membership and share certificate to me ,even after the written request by Donors and Donee, now one of the donor is dead and another is not in contact/ could not be traced, now what option i have in my hand?.
Society is not willing to grant membershipto me, i requested them to execute a deed of declartion, (registeted)declaring their no- objecion to the said gift deed, but still society does not move an inch, they are asking for the original owner to come which is not possible. Please let me know what option i have. Flat is in kolkata, west bengal. Thanks
Rajeev Singh
12 April 2023 at 12:41
One of my close friend family run into family quarrel and dispute in home. They are quarreling frequently over saas-bahu-bhai-bhatija etc. My friend is fed up with these frequent quarrel. He is three siblings He, his elder brother ( Settled outside India) and his elder sister. All are married. His father expired in early 90s as surgeon and mother is getting pension. They have house in urban area worth over 70lakh and ancetral property in village worth 20lakh. His elder brother invested 5 lakhs in construction through sending money to his mother and his joint account in past. His mother is residing with my friend but treating him as a servant because he is doing nothing on his own only taking care of property and generating income through property and generated income always deposited by depositors to his mother close aide , his mama ji. Now, he is married since 4 years and wants a child and require money for medical treatment but his family not allowing any financial support. He is feeling depressed and wants a partition in property.
In above case, mother demanded to partition into 3 section , 1 for him, 1 for his brother and 1 for herself. Typically partition is done after both parents death and bothers have share in society and sisters do not. But his mother is more close to his sister supporting her time to time. His elder brother also demanding 5 lakhs investment done in house of 30lakh in construction from family pension and village. He wants to know if property can be partition between only two brothers. Weather during partition his elder brother investment considered.
satish.purushotham
10 April 2023 at 19:08
My sister,married,in 1986,we have divided,the ancestral property,excluding,her in the year 2005,by a registered deed.Now,she is claiming,her,shar,by filing,a suit against,us(myself & my brother),is the suit,maintainable,after 18 years,of registered partition deed.I want,to know,the limitation period,as per the limitation Act.
Rajendra prasad
10 April 2023 at 14:11
Dear Sir / Madam,
My sister filed a case for property share. Now the case has come to final stage. Last week the opposition advocate supposed to do cross examine me. Instead the opposition advocate told to judge that they require more time (around one hour) for cross examination and asked the judge to appoint advocate commissioner.
Judge has appointed advocate commissioner. I would like to complete the cross examination in the court in presence of judge and not with advocate commissioner.
Kindly suggest me whether I can ask the court to cancel the appointment of advocate commissioner and complete the cross examination in the court itself. What reason I should mention and what is the procedure?
Kindly suggest me.
Anonymous
09 April 2023 at 22:01
Sir hamari ek propati Jo Ki pustani Hai uska Rashid or ragistar two m uske Naam s Hai pr khatiyan humare Dada K Naam s jinke teen bete h mai chota hu Kya Mai usme apna ghr bna skta hu
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Old owner lost the case and filed a new case with others
PLEASE SHOW SOME PATIENCE READING THIS POST AS I HAVE EXPLAINED IN BRIEF FOR BETTER UNDERSTANDING WHICH WILL BE HELPFUL FOR EXPERTS TO TAKE CORRECT DECISION.
i explained the problem in breif. for more understanding i will try to give more clarification by explaining in points . i changed the names for privacy .
1.Th actual owner in 1965 lets call him ( old owner). he has 2.5 acres of land. so in 1965 he sold the enitre land to different persons by dividing the land into portions. the entire land has survey numbers as 120, 121 and 123( i changed the suvery numbers for privacy here). as it was a combined land and it is in 1965 the revenue recored were not digitalized and enter manually..
2.lets come to dispue land. in 1965 the old owner sold the portion of the land "BUYER A" which is now in dispute. in 1965 he wrote the sale deed in an unregistered sale deed. he mentioned the borders of the land correctly and entered the survry number as 120 and 121. in the unregistered sale deed. but presently (2020) that portion the land with mentioned borders has a survey number as 123.
3. AS "BUYER A" bought the land from the OLD OWNERr he is in possession now and enjoying the land and digged one well and cultivating the crops. the old owner sold the antire land and went to some other place and settled there. he forgot about these land and living his life as he sold the entire land.
4. In 1983 the "BUYER A" who is in possession of this land which was bought from the OLD OWNER sold to "BUYER B" through unregistered sale deed. with the same borders and same survey numbers as 120 and 121.
5. Now "Buyer B" is in possession and enjoying the land he is cultivating the crops and enjoying.
6. in 2003. the "BUYER B" sold the same land with same borders as it is . to "BUYER C" Through a registered sale deed. with mentioning the survey numbers as 120 and 121. now "BUYER C" is in the possession.
here we can notice that the transfer of ownership is occuring through unregistred and registred sale deed since 1965. but mutuation is not occuring.
NOW THE DISPUTE GAME SATRTS HERE.
Due to real estate boom. Land Grabbers starting grabbing the land by catching the msitakes done in the olden days. some land grabbers noticed that the land bought by the "Buyer C" has survey number issue because in the registered document it is entered as 120 and 121 but int the revenue records it is as 123. for the land mentioned int he document
7. Now the land garbbers approaced the "OLD OWNER" who sold the land in 1965 and planned to grab the land which was already sold by him.
8. with the old documents he tried to take the possesion of that land from the "BUYER C" but the " BUYER C" who bought the land and already in the possesion refused to move from the land.Â
9.the OLD OWNER filed a civil suit in 2007 that claiming that land is his and he is in possession and shown that the porton of land is in survey number 123. and not in 120 and 121. here we can notice that the OLD OWNER himself sold the land in 1965 with the same borders but mentioned survey nu,ber as 120 and 121.
10. the old OWNER FILEDÂ for permanant injuction. as he is not in the possesion the court rejected the permanant injuction order.
11. the case is pedning in the court.
12. during the case is pending in 2008 the OLD OWNERÂ DID the gift deed for that portion of the land. to his son. lets cal him OLD OWNER SON.
13. In 2017  they came to know that they are about to loose the case and did a SALE DEED to one of the land grabber. lets call him LAND "GRABBER A". they did this sale did even the case is still pending in the court.
14. in "2019" THE FINAL JUDGEMENT TIME . THE OLD OWNER DID NOT HAVE ANY PROOFS TO PRROVE THAT HE IS IN THE POSSESION AND COURT BELIEVD THAT THE LAND WAS ALREADY SOLD BY HIM. SO HE DID NOT ATTEND THE COURT ON JUDGEMENT DAY.
15. JUDGEMENT IS GIVE AS "THE CASE IS DISMISSED FOR DEFAULT" .
16. SOÂ , here we can understand that the OLD OWNER LOST THE CASE.Â
17. as these "LAND GRABBERS" LOST the case. they have planned file a new case for the same issue with the other parties. so they did the "SALE DEED"  to other Land Grabbers. IN 2020.
18. SO , now the new "LAND GRABBERS"  filed a new case against the "Buyer C".
19. now the case is pending in the court.
we can observe that the OLD OWNER LOST THE CASE AGAINST THE " BUYER C "Â hetransferred the land to others using his old documents even the case is pending in the court. the transfer of owner ship is done two times in 2007 and 2017 while the case is pending . and even after the lossing the case they did another transfer of ownership for the same disputed land. in 2020.
now are these documents valid.?
because here we can see that the transfer of ownership is done by the OLD OWNER. who lost the case and he traffered the ownership during the case is pending in the court.
is this transfer of ownership done during the case is pending is valid?
are these documents valid which is done by the OLD OWNER who lost the Case against "Buyer C".
how many days should the "Buyer C" FIGHT IN THE COURT with these land garbbers.
can we file a criminal case on these land grabbers for the contempt of the court because of creating fraudlent documents. even after lossing the case in the court.
i will appreciate you for studying these and sharing your knowledge for giving the better inputs.Â
Thank you.