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Soni   27 April 2014 at 17:39

Joint tenancy - owner sells the property to one of the tenant

Hi,

I want to know what if in case of Joint Tenants are staying in a property for Business/Official purpose and the owner of the property dies. And the son of the owner wants to sell the property in such case who will be given the priority to buy the property. Ans also what if there was a mutual consent made between the joint tenants and survivor owner of the property to buy the property on the partnership basis and later on the survivor owner sells the property to only 1 tenant amongst the 2. What legal steps can be taken by the other tenant who was ditched by the tenant and the owner of the property.

Kindly advise.

VINOD KUMAR JOSHI   27 April 2014 at 13:14

Mediclaim reimbursement not given


Dear Sir,

I have National insurance mediclaim policy for my family members individually.

My wife was expire due to dengu syndrome shock at fortis hospital on sept.-2013. TPA of insurance co. denying to my balance claim for Rs. 21,163/-
In this regard I have received park mediclaim consent letter for Rs.660/- instead of Rs. 21,163/-. An amount of Rs. 20,503/- disallowed due to maximum limit for medicines & investigation 50% of S.I. has exhausted.
In this regard I would like to mention that total sum insured amount included bonus etc is Rs.2,88,750/- but total claim amount submited to you is less than the sum insured.

An attachment is also enclosed for your reference. please guide me shall I recover my claim from insurance co.

ADV-JEEVAN PATIL, MUMBAI   27 April 2014 at 10:23

Can rec officer attach surerity's flat in joint name in hsg.society

Dear Experts

Flat is in joint name of Husband & Wife in Society. Husband was guarantor to third party Borrower failed to repay. Recovery Officer(RO) attaching flat of Guarantor(which is in joint name). Wife is neither borrower nor Guarantor.
Husband has made Regd. Gift deed of his 50% share in Wife's favour much prior to become Guarantor. Wife has written submission to RO but rejected going ahead of attachment. Wife has now applied with transfer papers vide let. 19-4-14 to transfe 50% share on basis of Regd.Gift in her name.

EVENTS:
i] Joint Agrreement of flat - 24-12-98
ii]Gift Deed - 29-10-2009
iii]Soc.formed - 4-8-11
iv] Date of Loan by Borrower - Not Known
iii Deputy Registrar issued RC - 15-2-12.
iv] Bank's first let.to Soc. to creat lien - 28-6-13
iv (a)RO's first let to Soc create lien t -24-02-14.
v] RO's let.to Guarantor(on 26-3-14)Copy Soc.13-3-14
vi]Subn sent by wife jt. holder to RC on 24-3-14
vii)Let.ofRO rejecting (now attaching on 11-4-14) with copy to Soc. - 4-4-14.
viii)Wife Applied for transfer fully in her name. - 19-4-14

QUERIES :-
1] Can Society transfer flat fully to her.
2] Bank & Rec.Officer has written to Soc.
3) There are 1 borrower & 3 Guarantors. What is share of liability of surety.
4] Can joint flat be attached because husband is guarantor(wife is neither guarantor nor borrower)when husband has Gifted his 50% share in favour of wife much prior to loan taken by third party the Borrower.

APPRECIATE YOUR SINCERE ADVICE.

aashish   27 April 2014 at 10:09

Please help me in law

hello experts my qurey is that
1 indirabhai(grandmother)
2 aashish(me)
3 shailesh (my younger brother)
my grand mother has peace of land and she has given a power of attorney register to shailesh on 2010 and shailesh has sale a property to aashish and given a sale aagrement on 100 rs stamp on 2011 and few days gone another payment has given to shailesh and shailesh and indirabhai has given a regular paper pavati and both sign on paper of payment on april 2012 and indirabhai has dead on oct 2012 what we can do now
shailesh has agree a have sale a property
what we can do future step in law

RAJ KUMAR   26 April 2014 at 23:47

Notice of motion

RESPECTED SIR,

ON A CIVIL WRIT PETITION AS URGENT- NOTICE OF MOTION IS ISSUED TO RESPONDENT. DOES IT CRYSTALLY MEAN THAT NOTICE IS ISSUED TO REPLY WHY THE PRAYER BY THE PETITIONER SHOULD NOT BE ACCEPTED.

venkataramana shetty   26 April 2014 at 21:03

Reserved judgement

We have a case in supreme court of India.It is a voluntary retirement case. It is more than two months since arguments are concluded and judgement reserved. What are the implications of Judgement Reserved ? Tell us more about Judgement Reserved.

Suresh Babu Rai   26 April 2014 at 18:56

Suit for partition fo be filed by the granddaughter....

Respected Members..

My client is the granddaughter of one 'X', who had two sons. First is the 'Y' elder, second is the deceased father of my client 'Z', who died leaving my client behind him. That X has inherited properties such as movable and immovable through his ancestors. That X also have his self acquired properties. X,Y and Z so far has not partitioned any of the immovable and movables inherited through their ancestors. I have strong proofs that 'X' has purchased some immovable properties derived frim the immovable properties through his ancestors.
Now 'Z' died due to accident. Z and Y hatched a plan and denying the share of 'Z' in any of the properties such as movable or immovable. They even necked out my client, who is only daughter of deceased 'Z'.
I am intending to sue the X and Y through my client who is a minor (next friend).
Advice me suitably, the rate of succeed of the suit of partition.
Thank you one and all

narasimharao   26 April 2014 at 15:19

Bank sale property

I have purchased a SBI bank action property. SBI bank was given 600000 Rs lone/due on that property as on date. Anther three persons are given mortgage lone around 1500000Rs/- and some out side dues on the owner of that property. And that persons are approached to court. I have purchased the same property 2850000Rs/- in the action conducted by SBI, they deducted their due amount and reaming amount was handed over to court.

SBI authorized officer was register the same property on my name and committing in registration document " The sale of schedule property was made free from all encumbrance known to the secured creditor ".

But till date in EC certificate the mortgage due is live. And i am going to sale the same property the EC becoming main problem to me. Place suggest me how to clarify the same.

Thanking yor sir

kulwinder singh   26 April 2014 at 13:42

Examing document by handwriting expert

I am involved in legal litigation with my cousins around a fake Will. Originally my cousins would not produce the original Will in Court. Last month the original Will was produced. My allegation is that the Will is fake. I would like to have the original Will forensically checked by an expert to compare signatures. I need to have the original Will forensically checked urgently as I am an NRI and am only here for a short time. My question is can I hire a handwriting expert to compare signatures before the next date of hearing and also will he be able to examine the document?

anurag kaushik   26 April 2014 at 13:32

Settlement in case before state consumer commission shall the settlement be filed as compromise

I intend to settle a case whcih i filed before state commission(Mumbai) as consumer(against builder).
What is ythe best way:
1. To file a compromise in state commission?
2. To sign a settlement on stamp paper, just informing state commission about settlement and withdrawal of complaint.
3. To register by paying stamp duty and thereby aboid all future issues.
regards