company worker
29 April 2009 at 08:18
My Father bought some property in the name of my sister when she is 3 years old.Sale deed is in the name of my sister.Now my sister is major and she is trying to sell the property.I need experts valuable opinion.1.What is the nature of the property ? 2. Is it self earned or ancestral? 3.Is my sisters children can claim equal share in the property? 4.Is my father have the right to claim back the property? Is nature of the property changes according to the conveyance?
jach000019
25 April 2009 at 19:10
on the basis of the WILL of my late father i.e of the year 1998(which is not registered and not yet probated) and as per the WILL flat premises which was purchased by my father during his lifetime and was in his name, was given to me and my younger brother and shop premises was given to my elder brother which was purchased by my father during his lifetime in the HUF name as he was the KARTA (i have the copy of the agreement with me ) shop receipt also reprtesent his nme as KARTA under HUF but the share certificate of the shop was in the name of my father and my elder brother jointly, therefore on the basis of the WILL, we all the 7 legal heirs i.e 4 elder sisters(all are married before 1990) and we 3 younger brothers, mutually accepted the will and duly executed and notarized the joint affidavit (with notary's book no. on it) regarding AACEPTANCE OF THE WILL and jointly executed the affidavit/consent/NOC regarding the distribution of the assets among the legal heirs but when i had given the application to the society (in the year 1999) for transfering the flat premises in my and my younger brother's favour on the basis of the WILL alongwith the NOC of my other legal heirs. my elder brother took the objection to the society regarding not to transfer the flat premises in my and my brother's name stating WILL executed by my father and his given ACCEPTANCE OF THE WILL and NOC( jointly notarizd) for the flat premises is bogus therefore flat premises should not be transfered in his younger brother's name (i.e me and my younger brother) therefore my society stopped the procedure of transferring the flat in our favour similarly me and my younger brother also given the stop transfer letter to the concerned society for not to transfer the shop in his favour mentioning that as he has stopped the flat transfer in our favour therefore shop should be transfered only after getting our fresh consent but as the share certificate of the shop was in the joint names of my father and my brother name, the concerned society duly deleted the neme of my father from the shop's share certificate,and after the period of 7 years we i.e me and my younger brother filed a case against the society in the dy.registrar for getting the flat transfered in our names and dy.registrar after scrtinizing of all the documents i.e notarized consents of the heirs and persuing all the documents i,e WILL and ACCEPTANCE OF THE WILL OF THE LEGAL HEIRS, NOC of the others legal heirs for transfering the flat in our favour, dy registrar gave the decision in our favour and issued the order to the society that since WILL and ITS ACCEPTANCDE AND NOC of the legal heirs is not negatived by any court therefeore the flat should be transfered in our anme that is me and my younger brother's name threrefore society should transfer the flat.subsquently soc, also allotted us the membership of the society and also transfered the share certificate in our names. now my brother has filed the revesion application before the joint registrar and the matter is pending therefore i would like to know what the deceision joint registrar can give as the flat already has been transfered in our name, is in our possesion of me and my younger brother and we are paying the outgoing of it to the society similarly socieyt is also issuing the receeipt in our name,on the other hand shop is in the possesion of my elder brother and the share certificate also on his name as the name of my father has been deleted he has given the shop on rent and enjoying the rent amount similarly flat premises is in the possesion of me and my younger brother and we are paying the outgoing of it to the society similarly socieyt is also issuing the receeipt in our name.
(1) what the decesion joint registrar can
give in this regard when the flat
premises has been already transfererd.
(2) will there be any need of probating
of the WILL?
(2) after the gape of 10 years does my
brother can chellange t
jach000019
25 April 2009 at 14:26
in mumbai, under redevelopment of ch.hsg.soc, is it possible to get 2 flats with separate entrance instead of 1 bigger flat from the developer, is there is any problem for the society to issue 1 additional share certificates for the extra flat. in my case i have the carpet area of my existing flat i.e 700sq.ft.carprt having the 1 share certificate standing in the names of me and my younger brother but now after redevepoment the area of my flat will be 940 sq.ft. i.e 240 additional area will be given by the developer/builder but now i want to get 2 flats of 1 bhk having the area 470 sq.ft. carpet of each flat with separate entrance. therefore is it possible to get 2 flats as per the law and will society issue the extra share certificate for the extra flat wihich i will get after redevelopment.
DIPAKKUMAR
24 April 2009 at 13:38
THERE ARE 2 SOCIETIES ON THE SAME PLOT. IS THERE ANY LAW OR NOTIFICATION WHICH STATES THAT CONVEYANCE SHALL BE MADE IN FAVOUR OF BOTH THE SOCIETIES. CAN I HAVE NOTIFICATION AS SIGNED BY MS.PRATIBHA PATIL ? PL GIVE DETAIL.
PRACHI
24 April 2009 at 12:30
pl.let me know is there any specific format for Deed of Assignment to be executed in case of purchase of leasehold land from Maharashtra Industrial Development Corporation.
rvbhat
23 April 2009 at 11:11
Dear Experts,
I have a flat in Virar boughtduring 94-95.Agreement was stamped but not registered. During that time I was told registration was not required if the earlier agreement is registered. I have HDFC loan also on this house.
Now even if I want to do it the seller is not available.
I have 3 querries :
1).What would be the consequences if registration not done
2).how can I get it registered now without original seller?
3).Is registration compulsory for getting conveyance of the society?
Thanks & regards
rvbhat
23 April 2009 at 10:59
Sir
I need help.
My father-in-law wants to transfer his mahada plot (suburb-mumbai) allotted to him in 1994 to his daughter i.e.my wife. Initially I was told there will not be any charges except minimum transfer fees
Basically fact is, it was applied by my wife from her savings in daddy`s name. Now we constructed a house on that plot.
We had given given all the origianl papers in original to Bandra office 10 years back. We are against of giving any bribe. Now I am told they do not have any original papers with them.
Can anyone guide me or tell me how best any one can help.
Thanks in advance
Ritesh t a
22 April 2009 at 16:35
Sir which authority in my state should i approach to know whether a particular agriculture land is rural as per income tax act??(j&k state)
Vani prakash M.V.
21 April 2009 at 15:13
A land owner entered into a development agreement cum GPA with a developer and registered the same. Later the flats have allotted between owner and developer and entered into a supplementary agreement for allotment which is not registered.
can the owner entered into agreement of sale for the flats allotted to his share or executed sale deed without joining the developer as a party in the deeds during the period of construction and after completion of the construction based the unregistered supplementary deed will it legally valid.
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difference bet.agrmnt.for sale &sale deed for stampduty-regi
the landlady is share-holder of plot-ownersco-op hsg.socty.in 1990 she gave her plot for to a developer on "devmnt.agrmnt."{Rs.20/-ppr.not regstered.}the bldg.was completed in 1994.total-14apartments.landlady got 2aptmnts.free in lieu of her ppty.she has only possession letter-no agrmnt. my sister purchased 1-aptmnt.from devper.on "Agrmnt,for sale"-stamp-duty paid ®sration done immediately.Till today Appmnt.declaration is pending because landlady has no agrmnt.of her 2-apprmnts.hence no stampduty is paid;{.this is as per devper's opinion] now my sister has decided to sell her Apprmnt.&has found a purchser.his lawyer is saying since she dose'nt have "Sale deed" either she requires "ConfirmationDeed' from devlper or have to pay stamp duty-{?defecient].kindly advise.also let me know whether landlady is liable to pay stamp duty since she has not purchased her Apprmnts. her name still reflacts in PPTY.CARD.