ramakrishna.r.b
18 April 2014 at 15:26
My own relative has sent abusing email to me with all filthy rotten language in respect of my decent message. What action I can take for his email in the court of law, can you please suggest ?
sagar Rao
18 April 2014 at 15:26
Sir,
My father left house property without righting the will and my mother had divided the house among we three brothers in the year 2012 by way of partition deed, she was not taken her share of property, stating that she can stay/live with any of his three sons.
After partition deed my mother was stayed with my elder brother, after 4 months he had started harassing my mother to leave his house, then my mother left his house and stated living with my younger brother, after few days he also did the same thing, my mother had left his house, then onwards she was staying with me, now she realized the pain for not taking the her share of property.
Now she wants her share of property, but no one was ready to give her share.
So, please inform weather she can get her share, if she files case in court or not, as she was not done any signature, or stated anything about her share in partition deed copy.
Thanking You.
Ram Mohan Sagar
Hyderabad
kunal
18 April 2014 at 14:56
We Reside in a Pagdi building in Grant road, the rent receipts is in my Mother name & We Paying Rent to our Landlord The Problem is our Landlord is hassering that to sell our room but we dont beoz is onliy our sorce of income we has given our house in rent &the thing want loan Aganist property so Is Possible that we get the loan
Shalini Desai
18 April 2014 at 14:36
Hello Experts,
I went through quite a few of the queries posted on this forum. The opinions given are really very easy to understand.
I am living in a pagadi system building in South Mumbai with my parents. The house we are living in is the same one in which my grandfather resided. The rent receipt was issued in the name of my grandfather and is still so, even after his death many years back. My father’s siblings are living in different parts of the city and my mother has made an affidavit with signatures of my fathers’ siblings that they will not claim for the house that we are residing in.
We approached the landlord along with this affidavit with a request to transfer the rent receipt in the name of my father, for which he demanded a big sum of money, without any written confirmation, etc. My mother was ready to negotiate (this is when I was a kid) but the landlord was adamant with the amount he demanded.
I have read the Maharashtra Rent Control Act 1999 which states:
“Every landlord shall, without charging any consideration, issue the rent receipt in respect of the premises let out to the deceased tenant in the name of the family member referred to in sub-clause (d) of clause (15) of section 7.”
Which means the landlord cannot demand for any money and has to rightfully transfer the rent receipt in the name of one legal heir, right? (in this case my father, as there is an affidavit where the other heirs have signed that they will not claim for the house)
Now, my query is as follows:
My grandfather resided in this house before getting married and even until his children grew old. After one of his daughters married, he was residing with her and his death occurred in her marital house. In his death certificate, the permanent address is given as his daughter’s marital house and the address where death occurred is blank (which should’ve actually been the daughter’s marital house and permanent address should’ve been this house).
Since, the address where I am currently residing is not given in his death certificate, would it be a problem in transferring the rent receipt from my grandfather’s name to my father’s?
Rajesh
18 April 2014 at 14:24
In a suit for specific performance , plaintiff has brought a witness who in his Examination-in-chief submitted one page summary of his statement of accounts maintained with his own commission agency firm. The aforesaid one page summary of accounts was signed by 'witness" himself as a partner of his commission agency firm and was NOT signed by any Chartered Accountant . He didn't corroborated or supplemented his one page summary of accounts with books of accounts of his firm .
(2)The defendant advocate objected to his Exhibit ( one page summary of accounts) and got it MARKED.
(3) After completion of above witness cross examination ,I (being defendant) came to know that Commission agency firm , whose summary in page has been submitted as an Exhibit but got Marked, doesn't have enough financial strength to lend Plaintiff huge amount as friendly loan . Based on this information my advocate filed an application before court to recall the aforesaid witness of Plaintiff along with books of his firm for last 5 years.
(4) Court heard and rejected our plea of recalling witness with books of his firm but stated that at the time of defendants evidence , you may call records of the Firm.
(5) Now , since Defendant evidence is going on , the question of calling Firm's books of accounts is being discussed on the issue Whether I( being defendant) needs to call Plaintiff's witness Firms Books of accounts considering originally Burden of Proof lies on Plaintiff's Witness who submitted a one page summary of his firms account statement.?
To decide on above question , I solicit your advice on the following critical issue
(A) WHETHER the burden of proof has been shifted on Defendant keeping in view Court order passed while rejecting recalling of witness stating therein that Defendant may call books of accounts of Firm while leading his witnesses.? So I should call firm's books of accounts.
OR
(B) WHETHER BOP remains with Plaintiff's Witness despite courts above order issued wherein it was stated that Defendant may call books of accounts of Firm while leading his witnesses .? So I should not call books of accounts of Firm.
I solicit your expert advice issue on above critical to remove the confusion so as to enable me to take appropriate step.
danny
18 April 2014 at 13:19
dear sir,
I am a 1/20th shareholder in an ancestral property in Andhra Pradesh I have filed for a partition suit and injunction order restraining other coparceners from alienating the house without the approval of mine. I am staying in the house since 40 years and maintaining it. property is in the name of my grandfather and partition has not been done till now.
the court has admitted the partition suit but postponed the injunction order till further notice.
is it technically correct to sit on the injunction order when the other coparceners are planning to alienate the property ILLEGALLY, when they are not in POSSESSION of the said property?
and moreover there is no LEGAL NECESSITY as they have their own RESIDENTIAL HOUSES.
KAUSHAL SHARMA
18 April 2014 at 13:12
Dear Legal Experts :_
12 years back a sale deed was executed in Delhi. It has come to know today that :-
1. Endorsements u/s 52, 58 of R.A.1908 were not signed by Sub-Registrar.
2. U/s 59 of R.A.1908 - Sub-Registrar did not signed on the page where endoresemetns were made by the executants u/s 52 & 58.
3. Sub-Registrar signed and issued REGISTERED certificate only u/s 60 of R.A. 1908.
4. ON whole Sale Deed Sub-Regisrar no where endorsed signed the signatures of Witnesses of this deed.
So, please advise how Sub-Registrar can signed on Certificate u/s 60 when he didnot endorsed - signed on endorsements u/s 52 & 58..
How, can I challange this Registered Sale Deed to declare as incomplete or null & void.
With Regards
Kaushal Sharma
nagesh
18 April 2014 at 12:56
Respected Experts,
My Grandfather has 6 children 2 male and 4 females, all are married, my grandfather passed away 22 years back without leaving any "will", also my grandmother had passed in the year 2003. my grandfather possessed the property by inheritance.
The property is situated in Belgaum district of Karnataka state. and nearly about 10 acers of agri land.
After my grandmother passed away in 2003, my both uncles (mothers brothers) have themselves distributed the property, without giving any share to my mother or any other sisters. they have also got deleted the name of my mother and other sisters from inheritance certificate without obtaining consent from any of their sisters written or verbal. and could manage to sell the 3 acers of land.
NOw my both uncles are planning to sell the remaining portion of 7 acers property for a very huge consideration.
My query is can my mother and her sisters even though married woman, claim the share in the property of her father. If yes then How can we do so ?. please elaborate in detail.
Kindly suggest.
Regards,
Nagesh Nalawade
Belgaum
Dattatraya Vilas Pawar
18 April 2014 at 12:43
The builder constructed the building in 50:50 on pure gaouthan plot without OC and CC, Builder build the 2 wing, means 50% to Builder and remaining 50% to owner of the plot i.e. gaonwala. I have purchase the flat in the said building from builder by registered agreement. We all purchaser of flat formed the co-operative housing society and registered the same. now we want to make the 50% plot on the name of society. how we will do this. please assist us in this regards.
thanking you.
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Recovery
Sir m a purchaser, I have approached a developer, n it was agreed between us that ill purchase a flat in bldg admeasuring area of 550sq.ft for total consideration of Rs. 14 lakhs at thane. N after harmonious talk I have advanced him token amount of Rs, 1lakh n to that effect developer has given receipt of same on a stamp paper and it was agreed that balance 2 b paid after sanctioning of loan from bank, now bank has held me un eligible for loan amounting to Rs. 11 lakh, so I have addressed a legal notice to developer to reimbure my token however he is refusing to reimburse d same. N sir in that stamp paper no where it was mentioned that if I could not performe d contract then my token amount is liable 2 b forfeited. So sir I knew that Suit for recovery is to be filed, but under which provision I m entitled to get back that token amount, plz advice