MPM
20 October 2014 at 16:34
Dear Experts
my parents had joint property on their names.They have sells some quantum of unused land to a 3 persons(x,y and Z). The sales deed agreement details as under
with x in the year 2002.
with y in the year 2004.
with z in the year 2007.
i am having problem with party x.
The sales deed agreement of x has not be registered at Registrar Office till the date, whereas y's and z's are available in Registrar Office. from Registrar website.
In sales deed of X only my mother has been signed and my father has not signed the agreement in the cases of y and Z both my parents has signed the agreement.
we have conflict with X party on following issue
They have not paid full amount to land till the date. They have build a house living their.
My question are as follows
1. whether the land is still belonging to my parents?
2. whether i have rights on the x lands?
3. whether i can vacate them from this land?
4. whether i can litigate them?
5. whether there is any delayed in taking action from our side?
At this condition suggest me what to do.
Raj
20 October 2014 at 00:22
Sir,
we are inahbitants of delhi and every year during rainy season our colony lanes get choked with water as result rain water entered into our houses and basement.I filed the complaint to Munciapl deputy commissioner for action but no relief then I filed the RTI seeking infomation about the fucntioning of draingae system..they gave vagur reply and put balme on Jal board and other department and same version was there from other departments and causlaly stated that the clogged water will evcauted 30-60 minutes after rain and there is no drainage pipe line connected to our locality for drainage of rain water.The fact was the builder mafia and other illegal constuctors have removed the water drainage pipe line
Thsi time during the rainy season and for just 2 hous rain the streets were merged with 4-5 feet water and water completely entered to all of the locaity and basemnts causing damage to our furniture and other house hold items
I have collectd snaps and made videos for that havoc..Please inform what would be the best option whether we should file civil suit for permanent injuction against the authorites or file the writ petition against the jal board and muncipal coprpoation for not providing the apporparite relief freom thsi regular disaster??
rathod
19 October 2014 at 23:14
My uncle made agreement of land (aras paras samjuti karar) but at the time of making this aggrement there was only mr..x as a witness but after that third patty with whome agreement made falsly entered mr. Y as 2nd witness which is actually not present at that time & I want to go for case against this second witnesses but I have only zerox of this only agreement in which only one witnessed signed , should I go for case , under which section, plz help me out of this thank u in advance
rathod
19 October 2014 at 23:12
My uncle made agreement of land (aras paras samjuti karar) but at the time of making this aggrement there was only mr..x as a witness but after that third patty with whome agreement made falsly entered mr. Y as 2nd witness which is actually not present at that time & I want to go for case against this second witnesses but I have only zerox of this only agreement in which only one witnessed signed , should I go for case , under which section, plz help me out of this thank u in advance
Ashish
19 October 2014 at 18:37
Respected sir,
sir i am a tenant in a property since 1960
from 1960 to 2014 two times i tried to purchase property i also enters into a agreement with owner before year 2000 but due to some disputes both time agreement fails and i was not able to purchase property.Now today owner is no more her doughters want to sale property . sir i have some queries as follows:
1. As i am tenant from more than 50 years my right to purchase property ?
2.If she agree to sale property to me but she quotes above my quotation?
3. legal remedy to me if she sale OR tries to sale property to some other party.
4. If she sale to other party then my right in that sale consideration.
please experts help me with your valuable views & advice.
S Balasubramanian
19 October 2014 at 07:33
My father in law passed away and we have obtained legal heir certificate from the Tahsildar Office mentioning his wife's name and son and daughters. My father in law and mother in law owned a flat. (50% each). Mother in law and daughters wanted to transfer the property in sons's name. My query is:
1) Whether 50% of father in law share is to be transferred to mother in law first.(or) Whether the entire property can be transferred to son's name by executing suitable transfer deed registering with Registrar office.
2) Alternatively, How to make settlement by the sisters to his brother. (Is it through sale deed or Gift deed or any other source)
Husband: aged about 65yrs. Retired as managerial personnel from a nationalized company. Not enjoying any Pension. Had a critical heart surgery in the year 2013. Owner of a two storied house situated in Kolkata. Possessed near about Rs. 25 lac in his Bank a/c. Have an extramarital affair with friend’s wife, for which such friend has the knowledge but he used to encourage it as he has another extramarital affair. Always neglect his only son, it is growing day by day. Always remarks in negative languages to the son and to the near & dear ones about the son.
Wife: aged about 59yrs. State govt. Grade A employee. Suffered from heart attack twice. About to retire within 4/5 months. In all of her bank a/c the registered nominee is her husband or the secondary holder of such a/c. always worried about his son’s future. Try to save her son from the negative shade of her husband. Aware about husband’s external affair but ignored the fact as she was fully focused in her career and son’s upbringing.
Son: aged about 28 yrs. Passed M.tech. continuing further study. Working in a central govt. organization on contractual basis. Married. Have a 2yrs aged daughter. Support his mother’s feelings.
Other Facts: wife spent lots of money on husband’s critical heart surgery, invest her money for the construction of such two storied building on the husband’s land and the property was mutate in the name of the husband. son suffering from a critical spondylitis problem but it is curable by expensive treatment. Recently it was noticed that the influence of the extramarital affair of the husband increased and the Husband is willing to sell the two storied building by depriving the wife and son and he also denying the paternity of the son and always prayed for wife’s death.
At this situation:
1. The wife needs divorce but she willing to stay in that house as she has no other option to stay other place else due to insufficient savings and furthermore she also wants to establish her son’s right in that house and want partition of the property in three parts i.e. in between husband, wife and son.
2. Husbands not willing to give divorce as he would be the family pension holder after his wife’s death (remind that wife had suffered from second heart attack in recent past) and he had told this several times to his wife also.
Now my question is how the wife and son establish their right over the residential property in which they used to reside long 14 years and how the wife may deprive the husband from enjoying the family pension and her other savings after her death?
original tenant and landlord died more than 5 years ago. Partition of such property was not done by the three sons of the deceased landlord. elder son of the landlord issued rent receipt on behalf of the others to the grandson of the deceased tenant. from July,2011 landlords declined to receive the rent. now in the year 2014 landlords directly and indirectly forced tenant to vacate the property. what would be the remedy for the tenant? tenants are from west Bengal.
VAKEELSAB
18 October 2014 at 23:57
Greetings to All,
If during execution proceedings a property in the EP is delivered to the DHR and no obstruction was made by the JDR and also a third party who is not party to the decree by Order 21 rule 97 or by way of Order 21 rule 99. Further the EP is pending for delivery of the other properties. In this context can a third party who is dispossessed from the property file a fresh suit for declaration of title. Order 21 rule 102 suggest that no fresh suit if the third party is dispossessed? Please enlignten me.
Regards
Rohit.
Executor of a will
CAN A TESTATOR , IN HIS WILL, APPOINT THE BENEFICIARY ITSELF AS EXECUTOR OF THE WILL?
PLEASE EXPLAIN THE LEGAL POSITION.