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Rekha Rao   26 November 2009 at 01:10

Eviction and purchase of house

My father-in-law has inherited a property(residential house) from his parents. He is the sole inheritor of the same. The property is in Jamshedpur, Jharkhand.
The property is rented out to a family since the past 20 years. There is no formal rental agreement between the parties. It is a mutual agreement that the tenant deposits a decided amount in the account of my father-in-law.

Recently my father-in-law retired and wanted to sell the property so that he can invest the money in Bangalore. My husband proposed to purchase the property from him(as in future he wants to settle in Jamshedpur). My father -in-law went to Jamshedpur and met the tenants and asked them to vacate the house within 3 months.The tenants expressed their interest in purchasing that property.


Question 1: Does the tenant have any right(s) to not vacate the property and claim that to be his own or ask compensation?

Question 2: Since my father-in-law is interested in selling the property to my husband. Is my father-in-law bound to sell it to the tenant? Can the tenant contest if it is sold to my husband?

Kindly suggest what can be done
Thank you for your valuable time.

Legal_Query   25 November 2009 at 15:29

S/P of property belonging to ST

Dear Sir,
District Jhabua of MP is a notified area, it is a restriction for a non ST person to purchase land from the ST(Sec 165, 170 MP-LRC). Whether a company having all its directors belonging to ST can be treated as a company having the entity of a ST and can it be allowed to purchasee the land. Is there any provision by which a company can purchase the land from the ST (except land acquisition done by the state & granted to the company). pls provide relevant sugestions/acts
thnks & rgds

Anonymous   25 November 2009 at 09:49

Which Date to be considered for Purchase?

I have a question about Date of Purchase of property. Which of the following is considered as date of Purchase?
(1) Date of making initial/final payment? If payment is made in installment as per stage of construction/completion.Say for instance initial 1st payment is made in sept’05, and final payment in March’06
(2) Taking over the possession of the flat? With duly signed agreement and Stamp duty paid in March’06.
(3) Registration of the property—and what if registration is yet pending.
Kindly Guide me.


Suhas   25 November 2009 at 09:06

Gifting Property

A co-operative housing society has levied a monthly charge on an immovable property by passing a resolution in its general body meeting as permitted by bylaw 69 as specfied in the model bylaws. This has been questioned by the member in the co-operative court. court has not decided and the matter is subjudice. Further BMC has not given occupation certificate for the first and second floors of the row bungalow even though construction is done as back as 1994. Can such property be transferred by way of a gift deed by father to his son?

Ajjay   24 November 2009 at 21:26

Selling a flat in blgd where society is not formed

Dear All

I have a flat in a buliding where the society is not yet formed.

I want to sell the flat, But the builder in demanding Rs. 5Lacs for transferring the flat on the new owner's name.

The sale deed is in my name(stamp duty & registration is in my name)But I want to know that before a society is formed, whether the builder has any right to ask for any transfer fees. If yes, then what is the maximum amount the builder can ask for.

What does the law says? Need help

Regards
Ajjay

raman   24 November 2009 at 21:12

delhi rent control act 14(d)

Can a widow owner get back her premises from tenant using 14d of Delhi rent control act-read full before answer? Please explain practical use of Section 14-d, which was inserted in 1988 in Delhi rent control act, according to which if a widow has given a property on rent and if she demands, she can get an immediate recovery of her property. Is it true?When I discussed with 4-5 different advocates, none was aware of this provision. Why is it so that most of the advocates don’t even know about this provision, is it not in practice and if yes why? What is the meaning of word “Immediate Recovery of possession”, how much “immediate” it is? Practically how much time is taken by courts to resole such cases i.e. cases filed by widows under section 14-d of DRC? Can I get some record of Court decisions and other proceedings of such cases during last one year? What if the complainant, i.e. widow dies during court cases? Would her children or legal heir be given the same value by the court or the whole scenario of the case will be changed and the case will go on dragging for decades? Actually my mom is that widow and I am his only son ? I am living along my mother&wife&child and she had a single property of three rooms in her name of which one room my father gave on rent to a widow woman with two child's.i know were she use to live earlier. now she is not even paying the rent, and harassing my mom in different ways? We never entered any written agreement with that tenant and we have never given him any receipt of rent also. Neither we nor he has any written proof of tenancy or rent mutually settled. Actually the rent of that property is below Rs. 3500/--per month. We are thinking of filing a suit against him under 14-D of DRC, we even fear that my mother may be killed by that tenant because she is living alone there in that house. Is there any provision of filing some summary suit in such cases through which we may repossess our property quickly? Please suggest the best, quickest & easiest legal way get our property’s possession back. Plz. help, we are in great trouble.Is my mother's witness compulsory?

Anonymous   24 November 2009 at 21:11

property law for daughter in law and baby

Hi,

I have a girl baby of 1.5 yrs, and my mohter inlaw is ready to transfer the property to her daughters child but not to my child and even she is not willing to share the property with my baby, and my husband is not ready to claim for this.
but my concern is my mother in law did not earn the property which she has in her name, but it was earned by father in law and now he is expired. so Can I put claim on this propery with my baby's name, can anyone of you helpme out here

Anonymous   24 November 2009 at 19:37

How to share the property among brothers

Hi,
We stay in a house which was registered on both my Father and his brother's name.
They both have equal right to the property.
My Father's brother famaily (Mama / Chittappa)stay in the ground floor and we are staying in the First floor.
We also have second floor which was given for rent.

We do not have good relationship with my Father's brother recently and we used to quarrel each other.

My father decided to sell the propety to outsider so that My father and his brother will get equal share.

But My Father's brother does not want to vaccate or sell the house and they want to divide the floors as a flat system.

My father do not like Flat system since it is a very old house (70 Years Old) and in future we will definitely have quarrel in sharing the common things like water,Electricity etc.,

We want to sell the house to the market rate but my Father's brother want to buy it to the half of the market rate.

They are no way agreeing for a smooth settlement.

Please let me know how to handle this situation.

Narasimha swamy N   24 November 2009 at 14:31

Mortgage

If in Mortgage deed if it is agreed that Mortgagee should hold the possession till the Mortage amount is paid then can we get it redeemed even after 30 years as specified in period of limitation

Anonymous   24 November 2009 at 12:39

Gift deed

Hi,
BROTHER-IN-LAW has gifted House property to my mother(ITS NOT AN ANSCENTORS PROPERTY).MY MOTHER WANTS TO GIFT THE SAME TO ME(SON).
1) CAN MY SISTER WILL HAVE ANY RIGHTS ON THE HOUSE PROPERTY IS SHE HAS TO RELINQUESH HER RIGHTS ON THE PROPERTY.
2)WILL OR GIFT WHICH ONE IS BEST OPTION.
KINDLY GIVE ME YOUR VALUABLE SUGGESTIONS ON THIS REGARD.