Shiv
27 August 2014 at 16:23
I want to purchase a property from society which is a plot with three storey construction.
My issue here is the owner has carried out lease deed with chief promoter of this co-operative housing society which was proposed society and never got registered. Now chief promoter of society is dead. I have paid some advance to owner but unfortunately the owner too died recently before completion of our deal. Now since both Chief Promoter of unregistered society & Owner both are deceased does this lease deed between them legally hold ground. Now the third party who is in possession of property is claiming that since Lease Deed is illegal as unregistered society is not a legal entity. In case I have to take legal route who has the has the jurisdiction Civil Court or Co-Operative court. Does third party has any valid legal point.
Tarun Shah
11 August 2014 at 12:48
Dear Professionals
I hv bought Residential flat & almost the transaction is over i.e i hv made payment on 6.08.2014 & my seller has given me possession letter of 25.08.2014 can i entered in the flat after clearance of cheque i.e before 25.08.2014 ?
is possession letter is valid then agreement as per agmt.clause after completing full and final payment seller will give me vacant possession .
my seller has told me that they will handover the key of flat to broker only.Broker has caused me mentally harassment and since broker is a friend of seller always takes his side which is illegal so i hv decided not to pay brokerage & if i don;t pay to broker can he create any barrier for transfer of my flat .... pl.give me solution
Mayur Rajan Gharat
25 July 2014 at 15:51
Dear Sir,
This is Mayur Gharat from Mumbai. We family members have 2 farms with survey nos 51 & 3.
7-12 extract of survey no. 51 contains name of all the family members as a inherent property i.e my fathers name,grandma,Aunty,fathers auntys, cousin uncle etc. Let us consider 7-12 extract of survey no. 51 contains total 12 names.
Whereas survey no. 3 land is divided into 2 parts of 3(a) & 3(b) by my cousin uncles.
In which 3(a) survey nos 7-12 extract contains names of my father, grandma, aunty, fathers aunty etc & survey no 3(b) 7-12 extract contains names of my cousin uncle only. Which resulted in land division of survey no 3 into 3(a) & (B).which means survey no 3(a) has name of our 10 family members whereas 3(b) contains name of my 2 cousin uncles only.
How can be this possible?
If yes, is it legal?
One lands share holder is whole family (i.e 12 members and other land is divived the ratio of 10:2 members by my cousin uncle.
I heard that my cousin uncles have made some sort of Decree.
My wordings may not be right but if possible pl advise me in this regard.
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Mortgage Property
Dear Experts,
My client brought a property at mumbai from builider in the year 2013 by paying entire consideration. The possession was handed over to my client however surprisingly in the year 2015 the Bank served a notice u/s13 of SARFEASI ACT against my client stating the builder mortgaged the property in the year 2012 with them. The mortgage deed was not registered. At the time of purchase my client took search and issued public notices but nobody came forward but now bank claiming the property. Bank has also obtained the possession order from CMM. I have filed Securitisation Application before DRT against Bank and builder. What should else i do to protect my clients right title intereat in the said proerty. Please guide.