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Anonymous   23 February 2023 at 12:08

Consent terms and final payment

Hi All,

I am in the middle of a cancellation of a suite and have a query in which I need your help

There are two plaintiffs involved, a husband and a wife. However, only the husband was present to sign the consent terms in court on behalf of his wife. These consent terms have been accepted by the court.

As per the consent terms, we will be entering into a cancellation deed for the previous sale agreement, which will be done with a registrar.

Problem: for the payment settlement we have been asked to make the payment only in the name of the husband while being assured that both husband and wife will be present for the cancellation agreement in front of the registrar.

Query: Is there a possibility that this could create an opportunity for the wife to make claims in the future? Are there any other risks or issues that we should be aware of, or is this arrangement entirely secure?

Important note: There is no indication in the consent terms as to who should be the recipient of the payment. I am assuming that it should be both husband and wife as the agreement of sale and court case was filed in a joint name

Munavar Mohammed   22 February 2023 at 06:18

Mother's property rights

Dear respected experts,

After my father's death, the property was transferred to my mother, and we are 3 children, 2 sons and 1 daughter ( married). My mother now wants to dispose the property , what could be the division of share . Your advise is highly appreciated. ( We are Sunni muslims ).

Thank you

Bhavesh Raut   21 February 2023 at 03:17

Cidco transfer in condition of gift deed

Is cidco transfer complusory in the condition of gift deed and if yes what will be the charge which I will have to pay to cidco

Anonymous   20 February 2023 at 16:45

Transaction of a land

Hi,

I am looking to purchase a flat in apartment that has been built on 3 plots.


Background:

1. The 4 plots were bought in the year 1988.
The 4 plots has been involved in land grabbing issue in 2015 and were sold to someone using fake PoA.

2. In 2021, the real owners of the plot filed a case and settled in terms of a compromise memo with the defendants. The same has been recorded in the District Munsif court.
3. As part of compromise a plot was provided to the defendants. The fake documents like PoA and sale deed (registered during land grabbing 2015) has been declared as Null and Void by the District Munsif Court.

4. For the remaining 3 plots, the real owners has given GPA to a builder to build the apartment. It's a 5 storey apartment and around 10 registrations for the flats have been completed.


- My question is, can there be in future any issues, where the defendants claim for the plots?
- The builder has a good reputation in the area and says all the issues were already resolved.
-
Could the defendants cause any issues in the future? Is it safe to proceed with the buying of flat?

I consulted a lawyer and he says, since the compromise has been made, the defendants cannot claim anything in future. He says any 3rd party can claim, however that will not have any significance. So I can proceed with buying the apartment.

Please let me know your insights.

Amar Lal Soni   18 February 2023 at 22:43

Inheritance and relinquishment dee

1. My father has one elder brother and three step sisters. My grand father left one house of 1600 sq ft .

2. After my grand father dead my father and my taoji (father's elder brother) mutually signed a relinquishment deed in favor of my father.

I have a questions.

1. After relinquishment deed registered in registerar what to do next.

2. Can the three step sisters and their sons claim for share in this house. none of step sisters signed the relinquishment deed.

But both my father and my taoji , written in that relinquishment deed that they have no sisters.

3. I want to built a 4-floor office there , pls tell me how to do that. What step do I take to built four floor office buildings without any hesitation.

Anonymous   18 February 2023 at 19:13

Landowner’s share in compromise petition

Hi experts,

My relative is entitled to receive 4 apartments from a Compromise petition that is awarded by the Honourable court. However, the builder is now stating that they should be paying the BWSSB/BESCOM charges, Clubhouse charges, Utility charges, GST on construction, and other charges that is amounting to 17% of the total market value of the apartment. Can you please confirm if these charges should be borne by the builder or the landowner that has been awarded this share by the court?

Thank you

Anonymous   17 February 2023 at 13:27

Road encroachment and vehicle parking in residential layout

I reside in own house in a govt approved residential layout. The road in front of house is 20feet width. My house located at end of layout adjacent to compound wall.
My opposite house owner encroached road by extending compound wall by 2 feet. More than that, they are parking car outside on the road. Because of car parking, the approach road to my home further blocked/ narrowed.Only small car can pass that narrowed road. Big vehicle for example Ambulence can not fit in to that road. We need request them to remove vehicle whenever needed depending on their mercy.
Please any legal expert clarify
1. How to prove that the neighbor encroach the road. Only I can see misaligned / offset of their compound wall by 2 feet with reference to other.
2. Which dept I can approach to disallow neighbor car parking on the road. Whether I can approach court, if yes what proofs needed.

Anonymous   16 February 2023 at 11:57

Case settlement

ancestral property case is settled between 2 brothers in cash.what amount of decree can a session court has power to pass.thanks

Anonymous   15 February 2023 at 19:25

Applicability of status quo for poa giver

A case has defendants 1 and 2. Defendant 2 has given power of attorney and all rights to defendant 1 (Agent) for development of property. Plaintiff applied for status quo, and court grants status quo on defendant 1. With respect to this,

Is status quo implicitly applicable on Defendant 2 as well? If yes, is there a CPC section or case law which mentions this kind of scenario that status quo on Agent is also applicable on the owner

Anonymous   15 February 2023 at 12:20

Illegal construction and encroachment

Bangalore Urban Municipality - BBMP has not taken any action on the demolition of illegal encroachment and construction in my residential premises a Multi Storeyed flat with 20 flats. It is pending since Jan 2015, till date despite investigations by BBMP and Lokayukta engineers, the Demolition notice judgment by Karnataka appellate Tribunal was in favor of BBMP as early as 2016 Dec. I had repeatedly visited all higher levels over the last 5 years CEE, BBMP Commissioner Office, Special Commissioner (BBMP East), Legal advisor, JDTP town planning and handed over all prints of relevant documents. Despite this BBMP is silent

As per advice from the AEE of the concerned BBMP ward, I formally lodged a complaint on Jan 15, 2015. The encroachment and new construction were done by the President and Vice President of the unregistered association of the MS Flat , ignoring complaints from many including myself

How to enforce legal action by BBMP.How to invoke ruling by Karnataka Appalent Tribunal