Sabahat Sayed
29 November 2009 at 15:07
A father and a son both have a flat in their Joint Names i.e. both have signed a JOINT AGREEMENT. The maintainence receipt comes in fathers name only.But, the son is not aware whether the SHARE CERTIFICATE issued to them from their society does bear his name with his father jointly or the share certificate has his fathers name only on it.
At present the son is residing seperately from his father because there are some disputes going on between the father and son, the son wants to know whether can the father sell the said flat alone without knowledge of the son and without any share to son? Asking for urgent reply.. Thanx
aisha
29 November 2009 at 12:35
Thans for your valuable time.
Furthe details are :
My husband is the seller and rented out the flat. I had lend money from my brother n sis and given full consideration amt to my husband. Yes sale agreement is registered where rs 5 lac is given to him in agreement and he is bound to transfer in my name after reciving the full consideration and after march 2006 as per the society rule (this is the part of agreement). And we have executed other reciept of Rs 20 Lacs in dec 2005 and also said in the reicpt that he has handed over the possesion to me . After this i get done woodwork n interior of the said flat.I comleted my part of the contract but he failed to do so.
I have alredy taken stay on the flat and filed case to order him to transfer flat to me and hadover the possessiont to me which has been taken forcefully and its taking long 4yrs and still pending.
But he is enjoying the rent and living with other woman. we are not divorced and i dont have house to live and he is not maitaining me properly.
Plz advice accordingly now?????????
Can i get benefit of the rent?
Is there anyway i get possetion as he has forcefully entered as keys are with me only ?
I know its going to take long may be supereme court and i dont have house to live and my husband is not maintaing me properly living with other women can i claim live in that flat
ss
29 November 2009 at 01:31
A plot measuring 160sq.yrds. was allotted to my late father under the East Pakistan Displaced Persons Scheme in Delhi against Category (b) of Note 1 under para (v) in the Press Note dt.4.1.66 of Governemt of India,keeping in view of the land revenue receipt submitted by my late father indicating the property held by them in East Pakistan and certificate of bonafied displaced person from East Pakistan. The property is a leasehold property in the name of by late father. My late father had migrated from East Pakistan during Dec, 1948 at the age of 5 years. My father died during Dec, 90 living behind three legal heirs ( widow wife, two daughters) without making any will. The elder daughter has two children (minor). please advise on the following points:-
(i) can I claim three shares i.e myself, and my two minor children in the said property as in my view my children are entitled as the property acquired by late father was in lieu of the property they had in East Pakistan earned by my ancestors in East Pakistan.
(ii) can my father make a will on a property which was in lieu of the property in East Pakistan and not earned by him. As per condition laid down in the lease that the lessee shall not sell, transfer, assign or otherwise part with the possession of the whole or any part of the said land of building thereon with the previous consent in writing of the lessor i.e Govt. of India.
(iii)can other brother and sisters of my late father and their siblings have a claim in the said property or legally entitled to file partition suit.
Anonymous
29 November 2009 at 00:02
Our building is under construction and builder has formed provisional committee to have better control over maintenance work.
This provisional committee received many complaints caused due to nuisance caused by the Bachelors and Spinster tenants in the society such as having late night parties every week with loud music, Drinking liquor in society premises and going on top of the society terrace, Girls coming and staying overnight with the boy tenants (of course bachelors and same happening with boys staying over night with girl tenants). 99% of the society members complained about it and asked to expel bachelors and Spinster tenants. So this provisional committee has passed a resolution unanimously that no flat owner is permitted to rent his/her flat to Bachelors or Spinsters. Is this valid as per Maharashtara Society Act? If not then why? What action can society take against such bachelors and spinters if the resolution passed is illegal? PLS SUGGEST!!
Reshma K
28 November 2009 at 23:04
hi, Can you help me understand the difference between Rent agreeement and lease agreement or both the same.
Scenario / Question 1: For example in Bengalure, when I take a house saying I want it for rent, I pay 10 months advance of the month rent amount and then pay monthly rent. What is this - is it lease, rent - pls clarify.
Scenario / Question 2 - Again in Bengaluru (may be other cities also) we have an arrangement where in we pay for example Rs 3 lakkhs in the begining and stay for 1, 2 or 3 years and no periodical payment and when we leave the entire amount is paid back. What is this?? Poople generally call this as lease?
Question 3 - In Secion 105 of the TP Act there is mention of Price and then of Rent. What is the difference. Can you pls explain with an example the difference between the two.
dasd
28 November 2009 at 21:45
I have been alloted a property in society for which they have taken transfer fees+allotment money (i don't know the terminology).but in transfer deed it is written that neither you,your spouse,minor children, can acquire any other property in any other society.till now i have not registered property in my name .
My QUESTTION IS WHEN I REGISTER PROPERTY IN MY NAME
WHETHER I WIL STILL REMAIN A MEMBER OF COOPERATIVE SOCIETY?(WHETHER AFTER REGISTRY I WILL STILL BE CALLED AS MEMBER OF THAT SOCIETY OR PROPERTY WILL BE IN MY NAME AFTER PAYING STAMP DUTY?)
WHETHER I WIL HAVE TO FOLLOW CONDITIONS IMPOSED ON ME AS TOLD ABOVE?
aisha
28 November 2009 at 20:37
We (me and my husband )executed registered agreement to sell his flat to me for rs 25 Lacs. Agreement is that seller had recieved 5 lacs from me in cash and i have to balance rs 20lacs l in before trasfer in my name and that seller will transfer in my name after march2006 (as society trasfer rool) if he fail to do so i can get it transfered through court and seller will bear the legal cost. I paid balance in dec 2005 in cash which has been taken from my brothers and sister (all cash ) with duly signed reciept. I completed wood work and other interior in jan 2006 and also relesed to let advt in news papers but the flat was not rented and we left one flat key with Chowkidar of the socety so that property dealer can show our flat as we live at different city . In march 2006 my husband deserted me and filed divorce case as well as petition to cancel agreement to sell as it was under duress ( as there was case pending in the court when this was executed ) and he is not recieved any money from me .
Actualy I had filed one complaint u/s 420/376/494 etc against my husband in 2005 as he was living with othr lady and was saying that she is his wife not me . The said case was pending in the court and he knowing that he is in trouble he approached for compromise and said that he was traped by this women he want to get rid of her so he need 25 lacs / he will have give her flat . As he promised that he will live with me now and also stated in the court that i am his wife and he gas not performed any other marriage, I also softened my stantd. And he was aquited in nov 2005 by order that i am his legally weded wife and 2nd marrige is not proved.
At the 1st hearing of agreement cancel case i told every thing to judge that how i was cheated . He advised me to file case to transfer flat in your name and take stay on flat . i filed the same and deposited court fee 1.4 Lacs in the court.
Its been long 4 years myside evidence is complete . Tehsildar has agrred that it is registerd in the office .
Now my querry is that he has rented out it for Rs 30000.
Can i get benefit of the rent?
Is there anyway i get possetion as he has forcefully entered as keys are with me only ?
I know its going to take long may be supereme court and i dont have house to live and my husband is not maintaing me properly living with other women can i claim live in that flat
Shivom Jindal
28 November 2009 at 19:45
Hello members, i have certain queries in continuation of my earlier queries regardin EQM and RM. While verifying the Loan documents of Bank we have to check the documents such as:-
1 NEC
2 Receipt of payment of fee for search
3 Mutation/Jamabandi
4 Title Deeds
5 Legal opinion
6 Valuation certificate
Now the thing that is confusing me is how to verify that Banks Lien has been marked on the same property or not. The answer to this query was that bank will apply in form VI B and ceritificate in respect of the same will be issued in form VI C by the respective authorities.
Is the presence of above 6 documents is sufficient to have a valid legal claim or lein mark is must to avoid any fraud.
Further some please tell me the purpose of Vetting of Loan Documents.
Thanks in advances.
Anonymous
28 November 2009 at 02:10
Hi,
I have purchased an agriculture(14.5 acre) land a few months ago. Among the mother documents, one of it says,
1. He(seller to me) purchased 21 cents from X (who was neighbour) thro' unregistered document dated back Jan-1974, worth about Rs 175.00. This 21 cents is part of 3.21 acre. The X guy kept the remaining land for his own purpose.
2. My seller was in possession for this 21 cents since 1974. On the same month of 1974 ,my seller applied for the name transfer to the revenue department.
3. The revenue department reviewed and approved. Then they merged the above 21 cents with his existing land. B'cas these lands are coming under the same survey number but different sub-division. For the proof the revenue department sent the mutation proceedings to my seller on 1977, which clearly states that my seller is the owner of this particular 21 cents.
4. I have an adangal record(possession record) since 1977 for every year till date.
Now here is the problem....
There is another guy (who is also a neighbour to this 21 cents land) now claiming (after I purchased that land) that he is the owner for the above 21 cents. I've asked him to show the document. I have checked that document. It's a registered document, executed by the X's wife and his children on 1976. B'cas X(the guy who sold to my seller) was died on 1975. But he doesn't have any possession records till date. The thing is that this guy(who is claiming the title for 21 cents now) and my seller were neighbours for more than 40 years.
Here is my question,
1. do you think I'm the title owner since I have the possession record with peaceful enjoyment without any problems for more than 12 years. I mean 'Adverse possession'.
2. The opposite party is asking me for the compromise in the sense that asking for money to give his rights. What do you think?
Thanks in advance.
-Raju Jagadeesan.
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DISPUTE
dear sir, we have a property in delhi which was allotted to my father and his brother after partion of india against the properties of my grandfather in pakistan. the monetery amount for resettlement given to my father and uncle by the ministry of urban development was in ratio of 30% of my father and 70% of my uncle.now both my dad and uncle have expired and now the inheritants of my uncle are asking for a 70% share even though they have never entered our house for last 40 years as they are residing out of delhi..this property lease papers clearly state that 'division of property is not allowed'..on my side we have 3 inheritants i.e my mother,sister and myself..on my uncles side its also 3 inheretants i.e one brother and 2 sisters..now we want a settlement on the ratio of half and half on this property on the basis that we have been the only resident of the stated property for almost 40 years..my cousin wants to settle in ratio of 60% for him and wants to give us only 40%....does he have any legal right to enter a house occupied by only my family since past 40 years on the basis of illegal or legal grounds.please advice accordingly.
ALSO I WOULD LIKE TO ASK THAT IF THE THINGS GO TO THE COURT THEN WHAT SORT OF CHANCES WE HAVE OF GETTING 50 PERCENT SHARE.ALSO WHAT CAN BE THE LEAST AMOUNT WE CAN CLAIM FOR OURSELVES ON THE BASIS OF THE FACT WE HAVE OCCUPIED THE PROPERTY AND MAINTAINED IT FOR 40 YEARS,PAID ALL THE TAXES ETC..ALSO THAT ON EACH SIDE OF THIS ANCESTRAL PROPERTY WE HAVE 3 INHERITERS EACH.THAT MEANS FROM MY SIDE WE HAVE MY MOTHER,MY SISTER AND MYSELF AND ON MY UNCLES SIDE THERE ARE ONE SON AND TWO DAUGHTERS AS THEIR MOTHER HAS EXPIRED TOO.DO U THINK IF MY COUSIN DOES NOT AGREE ON 50:50 RATIO OUT OF THE COURT SETTLEMENT THEN SHOULD WE GO TO THE COURT OURSELF.BASICALLY I STILL WOULD LIKE TO KNOW WHO STANDS A BETTER CHANCE IN THE COURT AND THE DECISION WOULD FAVOUR WHOM. ALSO ONE LAST THING IS HOW CAN THE FATHERS AND UNCLES SHARE BE DISTRIBUTED AMONG THE INHERITORS ACCORDING TO INDIAN LAW..THANKS