Plot NO 119,FLAT NO. 8 Bapuji
30 June 2018 at 13:27
Respected sir ,i respectfully submit my problem as below:
1. My Grand Father (GF) purchased 4 acres on simple white paper in 1970s.
2. In 1989 ,after death of my Father and Grand Father, my fraternal uncle (younger brother of my Father) approached the Hourable court and obtained perceptual in junction order for that four acres.
3. But my uncle deceitfully mentioned the boundaries so that his portion of 2 acres land having easement of NH-9 and our portion of 2 acres land without easement and adjacent to him. which is quiet wrong. These four acres are distributed by Grand father as alternatively from NH_9 i.e. 1 acre Uncle's and other one our's and third one uncle's and fourth acre is our's.Since date of purchase till to day we are cultivating and giving to lease and enjoying and on possession.
4. In 2019-10 it came to know that deception.Because as a Kartha of our family my uncle kept our documents with him only.In 2019-10 we sold two acres to M/s Jasper Industries. That time we all brothers arrived to one peacefull conclusion & our own brothers partitioned our two acres as per possession and accordingly I get registered my portion of land. My younger brother and my cousin sold their respective portions.
5. In 2016 , another party has come to purchase the remained 2 acres and we all decided to sell them .Accordingly prepared sale agreement.Mean time i have posted to Maharastra. My cousin requested that since i am only loosing the half acre of land in NH-9 expansion. and we have our portions in alternative positions.It is inconvenient to cultivate. It could be better if we all turn to facing to the NH-9, all of our portions of land will get easement .On individual choice we can sell or enjoy.
6. So I have agreed and accordingly we have made agreement on white paper in which he agreed to give compensation paid by Govt for loss of land in NH-9 road expansion..We also accepted to bear the loss of land gone in NH-9 expansion.
7. After this agreement we called that party who is willing to purchase. and made agreement on bond paper in which we categorically and clearly mentioned boundaries of our portions of land of every individual. All legal heirs signed and scanned and mailed to me for my signature.All i.e. my cousin and my own younger brother and legal heirs have taken advance or 1/4th amount of total amount.I have requested them to deposit in my A/C through cheque. After repeatedly requesting also not deposited.But they are forcing me to sign on mailed agreement. But in that agreement it is clearly mentioned that 1/4th amount is paid by cash/DD/cheque. But they have not paid to me in any mode.
8. SoI have not signed. Since they signed and taken 1/4th amount they are accepted to sell their portion of land.They should sell accordingly.
9. But they sold as per old boundaries so that my portion of land having no easement. by showing the court decree in which boundaries were mentioned deceitfully.
10. In view of above I have approached the hounarable Junior Civil Court under jurisdiction of the land in my village for Injunction order.
11. They have submitted the reply to Honourable court's summons by showing my portion of land is third one i.e. adjacent to cousin's land.
12. In these circumstances can I get justice. Can I get justice as per my registered portion of land. Shall Honorable court will consider that the finally agreed boundaries are to be followed by all stake holders.
13. Respected sir/Madam, in my previous querry you have abosutely adviced for my Temporary duty case. Now that case peacefully resoled without any punishment. My Department also agreed with your advice.
14 So I have a increased faith on your jury and I have faith on God of Almighty that just will get justice.
15 For any clarification, please contact to 9603083968( whatsapp) and 9110569186.
16. Thank you very much sirs and madams.
Member (Account Deleted)
30 June 2018 at 12:04
Builder 1 had redeveloped our building and agreed to provide me building on the same plot.
After we vacated our flat, He entered into development agreement with other Builder (hereinafter Builder 2) and he gave development rights to the said builder. he mentioned in the agreement that all the liability of old occupants will be of builder 1 and not new builder 2. he also mentioned a false statement that builder 1 has provided Alternate accommodation to old occupants (not True). Now at National Commission the new builder 2 states that there is no Privity of Contract between him and old occupants..
Can anyone help me on this topic.
I am Jay Shah (CA & CS) plus LLB 2nd year student
This was just a short summary of case for those who are removing their valuable time for social help out of their busy schedule.
Brief facts are as under
Builder 1 entered into agreement with my LATE grandmother, wherein he agreed to redevelop the property on the SAME PLOT and provide flat on 1st floor with block no 5
after we vacated our premises he also contracted similar agreement with occupants of adjacent plot/building.
He merged the two plots
He constructed a building on the rare side of the plot (back side) with no amenities as specified in the agreement.. no parking space.. no otis lift.. no play ground... and he shifted the old occupants with false promises, misrepresentation and threats to that building.. (he used very little space of the plot to construct this building for the purpose of leaving rest of the space for commercial purpose)
He also entered into development agreement with builder 2 wherein he transferred Development rights to the said builder to construct Hospital on the same plot.. then builder 2 constructed a hospital.
No consent were taken when the two plots were merged
no Consent were taken for change in development plan
we were not provided with flat on the same plot
we have not entered into any agreement nor accepted the said new flat on rare side of the building..
MY grandmother is expired
leaving behind a Notrised WIll on my favor
Q1. Builder submitted affidavit at Consumer Court mentioning therein that I have no right over the property
as agreement was with my grandmother and I have not submitted Probate for it??
Is Probate required
and is he justified in saying that I have no rights over the property
Q2. Builder 2 says there is no Privity of Contract between him and old occupants.
Thank you so much for your valuable time.. If possible support me with relevant case law and provisions..
Mr Sreejit
30 June 2018 at 02:38
Dear Seniors and Experts,
In a suit for title and possession, the Defendants filed an Application under Order 7 Rule 11 (a) and (d).
Earlier Hearing O 39 Rule 1 and 2 along with Order 6 Rule 17 were conducted.
On filing O 7 R 11, the next date is posted for hearing this in July.
Pending hearing of the application, can the defendants file supplementary and/or Additional petition incorporation some other points attracting O 7 R 11 with a prayer to hear it out along with the previous application who's hearing is not yet started?
If any clarification or further details required or otherwise, please let me know.
Regards,
Sreejit.
Ankit
29 June 2018 at 13:48
Hi,
I am having a land registered on my name. I bought this land 25 years back.
I came to know that some person sold my land to some other person (2nd person did registery of my land to his wife from registrar office, 2 months back). I came to know about this from some person and verified it from the registrar office.
I am not sure how it was done, but I know one thing that couple wants to do the fraud.
Please advice what to do now, shall I lodge a FIR in police against the couple ?
Or shall I file a suit against buyer, seller and registrar and it will be criminal suit or civil suit?
Anonymous
29 June 2018 at 09:26
In 2000, my mother purchased house as per the pre decree dated on 1998 from all the share holder of the house and the party of appeal but one of the party went to high court in appeal on 1998 and appeal get pending. In 2015 one of the share holder file for final decree and plender comissioner come to measure the house but adjound. My mother file objection in sub judge but judge pass order that my mother is third party and she purchase during the pendency of suit.
shubha subramaniam
28 June 2018 at 17:12
I am the owner of an apartment in a complex at Vandalur, Chennai.
I have 3 rescued dogs that live in my apartment. I would like to take the dogs to play to the common terrace twice a day at a time when no one elese is using the terrace. I am willing to discuss with the neighbours and abide by timings for this purpose. However, the builder who has handed over all the flats in the building but has other buildings under construction has barred the door preventing me from using the terrace. There has been no mention of pets in the sale deed etc. There is no association formed as yet.Kindly advice
lokesh
28 June 2018 at 11:22
I am planning to build a temple on my own property in Residential Area of Goa. I have few questions
1> Being it's on my private property it would be open for the public to visit and eat (probable canteen by pandit not sure if Gaushala is permitted in that area ) should i have to create Trust and which as I don't want, other to intervene in it beside my children and their future generation. There has been the case in Goa that family were thrown from the trust and property built by there great Grandparents.
2> If i have to build trust can i have my own house to stay there
3> Planning for stay facility for outsiders like me to stay in Goa as even i am not a Local from goa and have to stay in Some relatives place.
4> Someone told that you have to take few forms like 80G form for exemption from tax u/s 11 and such forms are costly which can range to lakhs each and for this form you require 3 non blood relation members as Trustee (Just had a doubt about it as his close relative is Trustee of few Temples ).
5> In Private temple(WIth no trust or Trust where all trustee are blood-relation members ) can i ask for a donation or can i ask pandit to perform pooja for outsiders in my temple
I have not moved to any lawyer first i thought i should get some information from Forum
sampat mane
27 June 2018 at 14:54
I bid for an auction property from a Bank and was convinced somehow by the Bank Manager to purchase the same. This without checking & making due deligence. This propety was auctioned with a term "as is where is basis" After the succesful bid it was found that even the society had raised dues agains this property. The Property in question has a following history. The property was purchased by a builders relative on the completion of the Building. Later he mortgaged this to the Bank. But failed to pay the installment and its interest. Now this person is obsconding and nowhere to be found. The property was siezed by the bank and auction notice was processed. During this process the society was formed and except for this owner everyone contributed to its intitialization funds etc. This property is at good location but not maintained (both interior and exterior) till date. Presently, I have purchased this peropty and wish to get membership of the society, get this repaired and also settle the outstanding dues. But the exhorbitant amount is a deterent for settlment. Can any learned advocate put some light on the issues as below :
1. What are my rights as purchaser whether I will have to pay the principal and interest till date as levied by the Society
2. Is their any court where i can present my case and get releif from this harassment
3. I have been told that the membership or repair or any connection (both electrical / water) cannnot be given unless I pay the old dues.
4. I am ready to pay the maintenance from the date of my occupation ie. 1 year but they insist to get the old dues too.
5. The Bank has asked to settle the same with mutual understanding as they have sold this property "as is where is" 6. The Soceity till date has not issued any notice to the holder of this property underSection 101 vide amendment to the M C S Act 1960 7. Is there any way I have can settle at the minimum cost.
Please advise or can mail me on sampatmane@yahoo.com / Mobile 8097681958
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Writ petition in bombay high court
what is meaning of the following;
Coram:- REGISTRAR(OS)/PROTHONOTARY & SR. MASTER
Stage:- FOR REJECTION [ORIGINAL SIDE MATTERS]
our bldg is under redevelopment & builder is not ready to give registered permanent accommodation contract that why builder has filed Writ Petition in Bombay High Court against the tenants. one hearing already done in April next hearing was on 06th July but now on high court site the hearing date is 03rd July under coram mentioned REGISTRAR(OS)/PROTHONOTARY & SR. MASTER & Stage : FOR REJECTION [ORIGINAL SIDE MATTERS]
what is the meaning of that?