Sabahat Sayed
01 December 2009 at 11:33
Dear sirs, Thanx for ur valuable advices but i would like to make it clear that a father and son both have signed joint agreement and both have equal right in the flat. The mainatainence slip comes in name of father. The son is not sure whether his name is in share certificate or not or only his fathers name exist. so if suppose his name is joint in agreement but his name is not mentioned in share certificate (as son is not aware), can the father sell the house alone if the sons name is not in share certificate.
does no name in the share certificate loose the right of son in property even though his name is joint in the agreement with his father?
I just want to know this if there is no name of son in share certificate only his fathers name exist so can father sell the flat alone taking no name of son in share certificate as a advantage? what remedy is open for the son now as due to some disputes the son is not residing with father. So can the father take away the right of the son and sell the flat alnoe without consent of son. The son is also not aware about nominations in the society..
PLz advice..
Reshma K
01 December 2009 at 11:06
Dear Sanjeev, Thanks a lot for your answers. I have a few clarification to understand it better.
1. So in the case of Lease/Rent are there some standard requirements. I mean, is it compulsory that there shoudl be a security deposit to be paid at the begining. If yes, is there is a set amount?
2. Does the payments have to be made monthly. Can it be once in two months etc?
3. In a lease agreement, there is usually a cluase saying that agreement can be terminated by notice by either side? Is there a set period of notice or are the parties free to decide what shoudl be the notice period?
4. Another important question i have is, since lease can be terminated by notice period usaully with a months time, Is it really required to have an agreement that the lease is for 11 months, 1 year or two years. Can we not just say or rather shouldn't it be that the agreement is on monthly basis, since in effect it means the same. Becuase even it is for 11 months or more, the tenanct will have to leave after receiving the notice.
4. Sanjeev, I am still not clear with the difference between price and rent. You seem to be saying that Price is the security deposit. Is that so. Then are you saying deposit is compulsory in every lease agreement?
ss
30 November 2009 at 21:34
The value of the total suit property located in Delhi under category C is Rs. 42,77658 lacs. There are three legal heirs. One legal heir intend to file partition suit who is in possession and in occupation of the suit property in Patiala House court Delhi. Therefore the value of suit for partition to be filed by one legal shareholder is Rs. 14,25886 i.e 1/3rd. Please guide me on the following points:-
(i) would be the value of the suit for the purpose of fees and jurisdiction and
(ii) what would be the court fees stamp required to be paid and affixed with the plaint ?
Thanks
Neville
30 November 2009 at 17:48
Hello,
I would like to ask if the BMC can take action on encroachments on MHADA land.
What is the procedure for obtaining a stay when served a notice of eviction / transfer to government housing when staying prior to 1995 on MHADA land.
Regards
Neville Da Silva
Anonymous
30 November 2009 at 16:40
Burden of proof on Plantiff or Defendant.
My maternal uncle ( real brother of my mother )purchased a property on my name when I was minor [ at the age of 10yrs]. My uncle purcahsed this property wish of my deceased mother at that time my mother was cancer patient) this property was purcahsed in 1974 and my maternal uncle was issueless till his death. After the 14 days of death my maternal uncle My father file a suit of benami that the property was purcashed by them and attached the forged document of forged gift deed which is not registered. During the evidence my father failed to proof.cooperative housing society submit reply as defendant No. 2 in court that gift deed is forged in society these document were not submit in society. Last year my father died. My father failed to proof benami. Now the case on arguments please advise me and send me some case laws to help me in this case
Anonymous
30 November 2009 at 15:08
sir
our lands were acquired for providing house sites to harijans under tamilnadu acqn. act for harijanwelfare schemes.
1.while fixing the value for compensation they had chosen a land and used that rate. but instead of rs 300000 per acre they used rs30000 per acre. if they calculated correctly the value is more than rs 3000000
PL TELL WHETHER THE POWERS OF THE COLLECTOR TO AWARD IS BELOW RS 2000000?
IF SO can i file a suit forcompensation for mental agony[ case is 12 years pending]. we found this point now only .kindlygive your advices.
now we have got a stay at sc. on grounds of improper acqn. procedures
thank you
Anonymous
30 November 2009 at 15:04
sir
our lands were acquired for providing house sites to harijans under tamilnadu acqn. act for harijanwelfare schemes.
1.while fixing the value for compensation they had chosen a land and used that rate. but instead of rs 300000 per acre they used rs30000 per acre. if they calculated correctly the value is more than rs 3000000
PL TELL WHETHER THE POWERS OF THE COLLECTOR TO AWARD IS BELOW RS 2000000?
IF SO can i file a suit forcompensation for mental agony[ case is 12 years pending]. we found this point now only kindlygive your advices sir already 12 years have after award. now we have got a stay at supreme court. we have found this miscalculation now only
thank you
CHEEMOO
30 November 2009 at 14:46
My maternal uncle ( real brother of my mother )purchased a property on my name when I was minor [ at the age of 10yrs]. My uncle purcahsed this property wish of my deceased mother at that time my mother was cancer patient) this property was purcahsed in 1974 and my maternal uncle was issueless till his death. After the 14 days of death my maternal uncle My father file a suit of benami that the property was purcashed by them and attached the forged document of forged gift deed which is not registered. During the evidence my father failed to proof.cooperative housing society submit reply as defendant No. 2 in court that gift deed is forged in society these document were not submit in society. Last year my father died. My father failed to proof benami. Now the case on arguments please advise me and send me some case laws to help me in this case
Pradeep Dhruva
30 November 2009 at 14:29
Mrs. A is the owner of the immoveable property and the agreement is duly registered.
She wants to part away 50% of the property to her father and the said 50% of the property will be in joint names of Mrs. A & her father. Following is the query:-
(1) whether gift tax is applicable ?
(2) whether a fresh agreement will be required and also whether it should be registered ?
(3) any other query connected with the above matter.
P.R. DHRUVA
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Revenue laws
Respected Sir,
I am an Advocate but work in otherthan field of Revenue Laws.Please let me know that one property has been purchased in Uttar Pradesh in the year 2007 and Mutation Filed acccordingly.But no order has workout till date by related Tehsildar.What Legal step may take to compell Tehsildar to pass appropriate order. K.N.Saxena Adv. 1st Dec.2009