n.k.sarin
01 April 2009 at 22:48
Hi friends,
A widow have five sons and a doughter. Some how she got in her possession a piece of land, at that time all his sons and doughter were minor.Doing hard work she earned money and constructed a house.At present all sons and doughter are married and adults and are living together.every one have a room in his possession.Now dispute is created.
Third son says I am the owener of the house. This house was builtup with my physical labour and money.In fact when house was under construction he was only 12 years old.No one has any document and title deed in their possession.
The old widow has sent a legal notice to her said son terminating his licence showing herself owener of the house.
My query is:
1. What is the status of the son in the said house?
2. Is he(third son) a licencee or not?
3. What is the remedy for old lady to confirm her title?
4. If she file a suit for his ejectment what court fees she has to pay?
Bipin
01 April 2009 at 14:59
In our society one flat is owned by Mrs X. She nominated her Two sons Mr A & Mr B jointly & equally. Mr A (Nominee) expired while Mrs X alive. She has not changed her nomination after the death of her son Mr A. She also expired thereafter. Now Wife & adult married daughter are only two legal heir of Mr A. Mr A's wife applied for transfer of Mr A's share in her name by submitting Indemnity Bond, Death Certificate & No objection from married daughter, but Society or Mr A's wife doesnot have record such as Sale Agreement(Purchase Agreement) of the said flat. Society & Mr A's wife have only copy of nomination duly registered indicating Mr A & Mr B as joint member for the said flat. Mr B also does not have Sale Agreement (Purchase Agreement)with him for the said flat. Mr B is objecting for the Transfer of Mr A's wife claim. Please guide me in detail in this matter how society can transfer the said claim to Mr A's wife name.
Bipin
01 April 2009 at 14:50
In our society one flat is owned by Two real brothers Mr A & Mr B jointly. Mr A expired without WILL or NOMINATION. Wife & adult married daughter are only two legal heir of Mr A. Mr A's wife applied for transfer of Mr A's share in her name by submitting Indemnity Bond, Death Certificate & No objection from married daughter, but Society or Mr A's wife doesnot have record such as Sale Agreement(Purchase Agreement) of the said flat. Society & Mr A's wife have only Share certificate indicating Mr A & Mr B as joint member for the said flat. Mr B also does not have Sale Agreement (Purchase Agreement)with him for the said flat. Mr B is objecting for the Transfer of Mr A's wife claim. Please guide me in detail in this matter how society can transfer the said claim to Mr A's wife name.
Bipin
01 April 2009 at 14:33
In our society one flat is owned by Two real brothers Mr A & Mr B jointly. There are more real brothers & sister in their family. but Mr A & Mr B is owner of the said flat. Now Mr A wants to transfer or give his rights to Mr B (or vise-versa). Mr A has given simple letter to the society for transfer and asking for transfer. But we have enquired and came to know that on the simple letter the same can't transfer, for transfer Mr A has to prepare Gift Deed & pay appropriate stamp duty on Gift Deed than only society can transfer. Please guide me in detail in this matter.
Deep
01 April 2009 at 10:57
I stay in rented house which was taken on 'PAGADI' by my Grandpa. The building is in dispute in court between 2 owner brothers for ownership. I have been the rent on time always. Few months ago during rains we stayed at my aunt's place for 2 months as the building's condition is very bad. Since the rent is collected by the court receiver every quater, one of the owner brother asked him not to collect the rent and said he wants the possesion of the house because we don't use it. I never got any letter or notice for it. I am again staying in the house now, but the court receiver doesn't take the rent and hence doesn't give receipts. I wrote a letter to the court receiver explaining the whole situation and stating that I do not own any other house in Mumbai, this is my only house along with a cheque for rent amount, but he doesn't deposit it.
Please advice.
AJIT KAWATKAR
31 March 2009 at 19:06
Im spinster &sr.citizen.in1964 we(2sisters}jntly. purchased ppty.{3600Sq Ft}in maharashtra.my married sister died in1965;leaving behind 7small children.her hesband's name was mutated in her place in1971. he died in1982. children are grown-up now but reluctant to mutate &add names of all 7 heirs especially their sisters[2}.they{3}are running a hotel there since 1990. due to my service i was in mumbai till 2002.i have no physical possession of the ppty. 7/12 excract sill have my name alongwith brother-in-law's. Q.whether it is possible to GIFT/SELL the UNpartitioned ppty. kindly guide along with stampduty obligations.
AJIT KAWATKAR
31 March 2009 at 18:57
Im spinster &sr.citizen.in1964 we(2sisters}jntly. purchased ppty.{3600Sq Ft}in maharashtra.my married sister died in1965;leaving behind 7small children.her hesband's name was mutated in her place in1971. he died in1982. children are grown-up now but reluctant to mutate &add names of all 7 heirs especially their sisters[2}.they{3}are running a hotel there since 1990. due to my service i was in mumbai till 2002.i have no physical possession of the ppty. 7/12 excract sill have my name alongwith brother-in-law's. Q.whether it is possible to GIFT/SELL the UNpartitioned ppty. kindly guide along with stampduty obligations.
Ramesh
31 March 2009 at 15:43
Dear Forum members,
I request you to Kindly, solve/ show me way the out
to my PROBLEM....
I have paid an advance for purchasing a land (
Around 40%, of the cost of land),and obtained a
receipt.As the land owner refused to sign the
agreement,the balance amount is not paid.Now the
land owner is not paying (Refused to Return the
Advance paid by me) the amount, i had given to him
as advance . What are the options left to me to
recover the amount.
The Receipt contains the following wording....
R E C E I P T
I,Mr. 'X',S/o Late Sri ' Y, Aged about 45 years,o
cc: Business, R/o------, have received a sum of
Rs.ABC(Rupees in words),towards part sale
consideration of the property of Agricultural dry
land in Sy.No---,Ad measuring Ac.---etc Situated at
--(village),--(Mandal), --( District), From
1.sri.---,S/o Sri--,2.----,3----.
This Receipt is made and executed on the 15Th
May,2006 out of my free will and consent in presence
of following witnesses.
W I T N E S S E S :-
Sd/-
(by Mr.'X')
1. Sd/- )
2. Sd/-
With regards....
Dhruv Kumar Chandwani
30 March 2009 at 11:22
I have a commercial property since 1981 where I stayed & conducted my business. I shifted to another city while the property still remains under my title. Before leaving, a corner position not in the covered area of the property but inbalcony of the premises which comes under the premises was given orally by me to my maternal uncle. But he gradually & slowly took over a part more than he was given inside the property after broking the locks of it. now he is not emptying the property to me.
please suggest me the ways & judgements i can rely upon as there was no agreement & everything was done orally
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Kind of possession
Dear friend, please reply in detail.
1. What is the difference between permissive possession and owenership possession?
2. In which category, lisencee's possession comes.
3. In case one's file a suit of recovery of possession, what is the court fees and why in the following matter:
a. Recovery of possession from licenssee.
b. Recovery of possession from holder of permissive possession.
c. Recovery of possession from holder of owenership possession.