Anonymous
19 March 2010 at 21:39
Hi,
Mine is a very difficult situation. I have a commerical property (factory) of 1100sq yrds. My grand mother owns the entire property. There is a tenant on ground floor who has occupied 80% of the property. He gave money (around 11 Lacs) to my father (5-6 lacs) & Grand Mother(5-6 lacs) and bought a small portion of the property (130 sq yrds). The aggreement to sell is registered from the last 4 years and few other documents are also signed and registered. The orignal conveyance deed shows that sub-division is not allowed and as he has got great wealth & connections the tenant says that no one can take away this property from him. The money (11 lacs) was taken due to financial problems in the family. However the sale was a bit forced from my father. Now I can pay him some money back if the law allows me to take the property back from him. But I do not know if anything can be done to take the property back or not. Please suggest if I could file a litigation or any case against him. Also I am worried that if I file case against him then he will stop paying the rent. Please suggest if there is any provision which could save me. Also suggest the approximate amount and time it will take to fight the case. (If possible)
Anonymous
19 March 2010 at 20:57
My brother died accidentally two years back. He has no children. My brother's property and my sister in law(deceased's wife) are looked after by my brother in law. But my mother is being neglected. And also my mother did not get the insurance amount though she is the co nominee.
Can my mother claim for share in my deceased brother's property.
If yes then what action she has to take now?
AJIT KAWATKAR
19 March 2010 at 19:21
this is related to MHADA ppty. in mumbai.
we are 168 MHADA flat alloties[higher income gr.] in 1982.the land is leased to us for 99 yrs.i.e. till yr.2181;the SALE DEED & conveyance DEED is duly STAMPED -REGISTERED. but the MUTATION ENTRY is still pending. will anybody guide me to complete me the required legal process.
manoj chhadwani
19 March 2010 at 17:30
hi, my quary is that my father had taken a home lone from hdfc . and he had passed away but i have completed his lone amount now the problem is that hdfc staff is not giving us noc nd original file there demand is that all family member is complsory to sign on paper and my brother are not interested to sign on paper to get the original docoument so what would be best solution ????
doshi devang
19 March 2010 at 16:15
how many land area is required for maintaining a person to be a registered agricultural land holder?
Anonymous
19 March 2010 at 15:36
The Kerala Land Reforms Act was enacted in 1964 and came into effect from 1974. The Act prescribed land ceiling to individuals and to joint families. To avoid surrender of excess land(my side and my wife's side put together it was excess) to the government I gave my excess land to my uncle as gift who is also a member of the joint family. I have now disposed off my excess land and can I take back the land given to my uncle which was earlier declared by me as excess. Will it be construed as circumventing the legislation as the intention of this legislation appears to be to take over excess land in excess of the limit and distribute to the poor.
SANJIV KUMAR
19 March 2010 at 15:21
Which is the suitable court For filing property case depending on cost of property.After death of my father, my brother has filed a declaration ,permanent and mandatory injuction suit in civil court for declaring him owner of ground floor in which he is living presently with his family and of second floor by producing the will of our father. Myself is living with my family at first floor and mostly using the second floor also.The property is situated in Delhi and the market value of two floors is more than 50 lakhs. He has not gone for probate. Is the civil court has power to process the case though will has not got probated first.
Anonymous
19 March 2010 at 13:59
Sir,
I would like to know the following points:-
a) In a property located in south delhi father i.e. allottee of the property made a registered in favour of his one son by debarring his three married daughters on filmsy grounds. However, all the married daughters are interested for their share in the property. The property was allotted under the scheme of East Pakistan Displaced Scheme. Now, the allottee father and his son still live under fear that these three daughter may claim their rights by challenging the registered will. Please clarify under these circumstances what would be the appropriate course of action to debar daughters from the property ? Can a gift deed in favour of son will solve the legal purpose ?
ARUN JOGALEKAR
19 March 2010 at 13:45
Dear Sir,
Please advise, if a original registered sale deed is lost,and the bank refuses to accept the ceritified copy/police fir/public note, for disbursal of loan .
Would it be possible to :
cancel this original sale deed, and then make a fresh registeration deed.
Please advise, any other suitable options.
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Documents required to file complaint against fraudulent sale
1) Indian Christian person had self acquired property in a village in Thane District, Maharashtra.
2) Person died intestate in 1965.
3) Person had two children ChildA and ChildB and both of them also died intestate in 1975 and 1990.
4) ChildA had two children GrandchildA1 and GrandchildA2.
5) ChildB had two children GrandchildB1 and GrandchildB2.
6)GrandchildA1, GrandchildA2, GranndchildB1 and GrandchildB2 are all Christian and alive today.
7) Two years back, Grandchild A1 came to know that Grandfather had 10 gunthas of property worth 15 lakhs in a village in Thane District, Maharashtra.
8) The other grandchildren were not aware of the existence of this plot.
9) GrandchildA1 sold this property to a buyer for 15 lakhs without the knowledge of the other three grandchildren.
10) The other grandchildren have now come to know of this fraudulent Sale after two years.
11) Only one GrandchildB1 wants to lodge FIR and file suit. The other two Grandchildren A2 and B2 dont want to do anything.
My queries -
1) What documents are required by Grandchild B1 to lodge FIR police complaint against Grandchild A1, buyer and the witnesses.
2) Is this a Civil or Criminal Complaint and under what Section should the FIR be lodged?
3)What documents required by Grandchild B1 to file suit in Civil Court? B1 knows only Survey no. of the plot right now.
4) What is the Law of Limitation to file FIR and file suit? Is it three years or twelve years?
Thanks to everybody in advance.