anuj
15 January 2017 at 21:35
my family has a house in mumbai. The house comes under pagdi system. The house is in the name of grandmother. My grandmother died on 20 sept 16.
The landlord lives in same locality of our house.
My grandmother had 3 children- my dad the eldest, my uncle the middle one & youngest my aunt. The land lord is giving money to my dad, uncle & aunt for collecting No Objection Certificate so that he can sell the room to another party. Now all the rent reciepts of the family are in my grandmothers name.
Now the landlord is paying 5 lakhs to my uncle, 3 lakhs to aunty & 2.5 lakhs to dad for NOC.
My dad is demanding 5 lakhs, but the landlord refuses to pay 5 lakhs to us.
We haven't paid the rent for 10 years of room. The
landlord says he has the legal right to take possession of the room since we haven't paid the rent for 10 years. The landlord is forcing us to take 2.5 lakhs & give NOC. He is in very hurry to sell the room.
Please advice us that can he take the legal possession of the room, since we haven't paid rent for 10 years?. If so, then why is he forcing us to give NOC, what is the importance of NOC in this case.?
Gopal sahu
15 January 2017 at 18:57
There was a big plot divide into 9 parts
There was no numbering for these plots among that
A sold a property to b In year 2004
And mistakenly the same property sold to c in 2014
Now in 2017 B filed a FIR against a and c
After fir a and c agree to cancel the registry.
Pls guide me right procedure for it.
Vijaya Bhaskar
15 January 2017 at 15:49
Dear all,
We (trust) are applying for permission to start a school. We approached Block Education Officer with all the documents He is telling that the trust deed does not have the existing trustees names, hence suggested to include their names and submit else it would not be considered and will be rejected.
I tried explaining him that the trustee names appearing in the trust deed are those who were available at the time of opening the trust, Thereafter, when ever trustees resigned and appointed we took resolutions in the minutes and submitted the same to various department like income tax. ministry of home affairs etc.
He is not convinced nor agreeing to what I am saying. He says the present trustees' names must be included int he trust deed and must be approved by any competent authorities like court or sub register officer.
Can you please suggest in this matter. 31st January is the last day for submission of our application.
anuj
15 January 2017 at 14:54
my family has a house in mumbai. The house comes under pagdi system. The house is in the name of grandmother. My grandmother died on 20 sept 16.
The landlord lives in same locality of our house.
My grandmother had 3 children- my dad the eldest, my uncle the middle one & youngest my aunt. The land lord is giving money to my dad, uncle & aunt for collecting No Objection Certificate so that he can sell the room to another party. Now all the rent reciepts of the family are in my grandmothers name.
Now the landlord is paying 5 lakhs to my uncle, 3 lakhs to aunty & 2.5 lakhs to dad for NOC.
My dad is demanding 5 lakhs, but the landlord refuses to pay 5 lakhs to us.
We haven't paid the rent for 10 years of room. The
landlord says he has the legal right to take possession of the room since we haven't paid the rent for 10 years. The landlord is forcing us to take 2.5 lakhs & give NOC. He is in very hurry to sell the room.
Please advice us that can he take the legal possession of the room, since we haven't paid rent for 10 years?. If so, then why is he forcing us to give NOC, what is the importance of NOC in this case.?
praveen
15 January 2017 at 14:40
Can documents executed by Plaintiff during the pend ency of the suit can be submitted under Rule 27 by Defendant?
Whether it attracts the Rule 27 conditions prescribed.
Plaintiff had executed some sale deed registered during the pendency of the suit. The Defendant has submitted the IA for producing additional docuemnts. The documents were executed by Plaintiff during the pendency of the suit in Trail court. The defendant is trying to submit those documents during the First appeal. It is nearly 10 years has elapsed. Can Plaintiff object to this?
Anonymous
15 January 2017 at 14:06
Hi,we married my sister to distance relative ,whos family resides in Chitradurga,but my sister's husband kept a stationary shop in Bangalore,
In Marriage they took 2lac as dowry ,and once my sister went to their home they started torturing her verbally and mentally,by her mother in LA ,sister inla,and sister's husband,father inlaw ,and husband ,one they torchtured sent her from house ,.She is now at my home,
What should I do,where I should I file complaint against them, please help me
Upesh Jain
15 January 2017 at 13:32
What are Benefits of Registering WILL with sub-registrar ?
If Someone Just Write Down His WILL in Front of 2 Witness and Kept it with Himself than there will be any legal consequence of same ?
jayesh sinha
15 January 2017 at 11:58
property is jointly in my father and mother name,father age is 76 and mother age is 72,father is able to sign and can go to registrar office but mother due to brain problem is mental patient and cannot sign and can not go to registrar office father wants to transfer property in my name through simple stamp paper is it allowed from law point of view will i have to take sign of both in the event of death of parents how property will be divided among three brothers.
secondly somebody is giving opinion that that property will be transfered through gift deed for which stamp duty feees will have to be paid to govt which i want to avoid kindly advise other solution if available from law point of view
Udit
15 January 2017 at 11:45
Sir,
In a case of rent enhancement of a cimmercial land in which rent is determined on the basis of prevailing market value of land, the petitioner mentioned in its plaint that the current market value of the land is Rs. 1000/- per sq. Foot and the respondent admitted the fact in his written statement by mentioning that the rate used by the petitioner is the commercial rate of the land and since it is not a sale transaction hence the rent should not be determined on this rate and rent should be determined in accordance with the list of rents applicable to that particular land in the circle rate list issued by the district magistrate.
While evidence submitted by the petitioner he submitted valuation report of a government approved valued which was of Rs. 900/- per sq. Foot and the respondent did not submit any evidence regarding valuation of the land. The valuer was not examined on oath and neither any affidavit was submitted on behalf of the valuer. Court enhanced the rent and fixed it in accordance with the valuation report of the government approved valuer @Rs. 900/- per sq. Foot.
Respondent appealed in the high court taking a ground that the valuer was not examined and cross examined in the court and no affidavit was submitted on his behalf hence the rent determined by the lower court is erroneous.
My question is that:
1. That u/s 58 of the evidence act facts admitted in written statement need not to be proved. So was it necessary to prove this admitted fact?
2.that when a fact is admitted by both the parties like valuation of the land, it no longer remains a fact in issue in such a case was the court not able to determine rent in accordance with this admitted fact.
3. Admitted fact was of Rs. 1000/- per sq. Foot and the court was having the evidence of Rs.900/- per sq. Foot then the court in its discretion has determined the rent in accordance with the least available value of the land which was in favour of the respondent while the court was empowered to determine it @1000/-per sq. Foot. Can this point be taken against the respondent plea of not examining the valuer
4. Can sec. 58 of the evidence act be read with the definition of Proved mentioned in sec.3 of the evidence act.
Regards..
Udit
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Transfer of Property & Succession Query -1978 Case
Dear professional colleagues,
1. My grandfather purchased a house in Mumbai for ₹38,000 in 1976
2. On the agreement, first name is my grandfather's and second is my grandfather's brother's wife (bhabhi)
My grandmother's name is nowhere mentioned. Possession is with the other party since day one.
No ratios of ownership is mentioned on the agreement.
Full payment was done by my grandfather via cheques whose bank confirmations and cheque Xerox we have
3. In 1978, grandfather solemnly affirms that he inserted her bhabhi's name only out of love and affection and that the whole property should be given to his legal heirs only. His bhabhi does not sign or agrees with my grandfather's affidavit. Grandfather passed away in 1992 and till date possession of the property is with the other party.
4. Original deed is with us.
5. Today, I'm planning to go to the High Court directly as I feel it's a very simple case and shouldn't have been dragged this long at the society court.
6. No out of court settlement has worked.
Questions-
1. Can I approach Bombay High Court directly bypassing co-operative court and appeal?
2. Will my grandfather's affidavit hold good and can we today claim full 100% of the property? If not,
3. Should we not try for 100% and try only 50% as we had made a mistake in 1976 and an enforceable contract has bind us.