Property Law queries [4671]

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Sunil Kamat 25 February 2015 at 08:09

Chs and conveyance deed

Hi,
I have recently purchased a flat from builder in a 8 story building having 63 flats in a Pune City. The builder is developer of the land and landowner in return has got first two floors (that is 16 flats). Builder only issued "Agreement to Sell" after approaching for the "Sales Deed" he straight a way denied to do that.

40 flats are sold by the builder, landowner has possession of 16 flats and builder still have 07 flats. Builder is not willing to give out information if landowner has paid the stamp duty of the 16 flats.

As of now till Jan 2016 builder is handling the Society. In this situation will there be any problem in formation of CHS and afterwards for Conveyance Deed and is there any way to get the "Sales Deed" for the purchased flat ( builder has issued the possession letter to me)?

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Rahul 25 February 2015 at 03:12

Property

Dear Sir/ Madam,

I have purchased a flat in Dombivali, Naadivili Village.

As per the current status available with me, I do not have NA status of the said property.

The Builder is not reachable and hence am not able to get relevant documents for my loan procedure.

The said property is Gram Panchayat approved, while as the builder has paid a certain set of fees/charges as Under the Collector of Thane’s notification No. REV DESK II/N.A. XI 124 dated 27/09/1978 (N.A.)
.
As per provision given in said notification , builder was unable to fulfill conditions laid .

Request to clarify/Confirm if we as the residents/owners of said flats in the Building are able to complete rest of the formalities and seek NA status.

Will request to suggest any other alternatives , if we can write collectively to any specific /competent authority by way if RTI or seek other methods.

Please call or revert as needed
Details given as below
rhirke.429@gmail.com
rahul.shirke.365@rediffmail.com
9920543122

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Rahul 25 February 2015 at 03:04

Property

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sansh 25 February 2015 at 02:35

difference between 24hma and free aid

In 24hma case my husband says I should take free legal aid. He has filed for divorce under cruelty. I have previously worked in it company but after I left 4years back I'm jobless. Presently I work on daily wages at less than 100per day coz I did not get any other job. His income is 55000 per month. Is it maintenance deniable? What should I reply?

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AVANISH SHUKLA 25 February 2015 at 02:20

Plz advice de

आप में से किसी के पास जिससे
मुझ पर 498 अ का झूठा केस दर्ज है मै उसकी छानबीन करवाना चहता हुँ पर
लड़की ने 125 (भारण पोषण) और 13 (तलाक) का केस किया है
ऐसा कोई रास्ता हो तो प्लीज बताय जिससे
तलाक और 125 के केस पर स्टे लागाया जा सके।

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Shridharan 25 February 2015 at 01:24

Query

R bought a property from P through a registered sale deed. Later R came to know that P has registered an Agreement of Sale cum General Power of Attorney (AGPA) in favor of Q dated prior to the sale deed in favor of R.
Query: 1. Does this AGPA qualify as a conveyance deed?
2. What is the status of R with regard to the ownership of the property?

Consider R as Shridharan, Then, no more academic query.

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Barathan V 25 February 2015 at 01:14

Capital gains

Sir,

My Mother owned a self-acquired property in Chennai where she was living.
She has a daughter and a son.
Son is an NRI . She wrote a settlement agreement to give the house to her daughter (my sister) with the understanding that she would be given accommodation and her expenses will be met until she was alive (this understanding is not documented, but a verbal agreement).
The property was sold and along with that, my sister sold a house that she owned and now purchased a consolidated property where she lives with our mother.
She takes care of her and handles the expenses.
I contributed towards the purchase of the consolidated property.
The proceeds of the sale of my mother's property was fully invested in the new property.
My sister and I own the title to the new property and I contribute quite a bit towards the loan repayment.

Will my sister have to bear the Capital Gains from the proceeds of the sale of my mother's house that she settled in her name.
The idea of settlement was because she was getting old and needed some support we wanted to move to a new house where all of us could live in once i return to India.

My understanding is that the Capital gains is not applicable since it is something like a reverse mortguage where my mother settle her property so she can get the care she needs during old age.
When we sell the new property, we have to declare the cost as current cost minus cost of my mother's medical and other expenses.
Please advise.

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sjshetty 25 February 2015 at 00:55

Getting letters of administration

1
FACTS
SUB:- (1).Transfer of Residential Flat to one of the First & Main Beneficiary in the Society Nomination
(Regd) dt. 28-2-2007 AND also First & Main Beneficiary in the WILL (Regd) dt. 19-5-2007.
(2). Getting Letters Of Administration in the name of First & Main Beneficiary (Daughter).
1. A Residential Flat in MUMBAI was sold by some other Party (not by Builder/ Society) and purchased by Father out of his own earnings/savings in 1978 vide Deed of Assignment and Transfer, Jointly in the name of (1).Father and (2).Mother (Housewife). Proof of payment made not available. Share of Property to each not spelt in the Deed. This Old Deed of Assignment and Transfer was subsequently Registered and regularised by paying (out of Father’s Savings) necessary Stamp Duty and Registration Charges under Amnesty Scheme vide Registration No. 5170/2010 dt. 2-6-2010.This disputed One BHK Flat is worth more than 50 lakhs at present.
2. After the death of Mother on 3- 4- 2001, fresh Nomination was made by Father and Registered in the Society on 28-2-2007 (without obtaining any NOC from Daughter and Son) clearly mentioning to Transfer the Shares and interest in the Flat to the first named Nominee – Daughter. Share of each Nominee is clearly stated as (1). Daughter (Elder). 50%. (2). Son (Younger). 50%. Nomination is duly witnessed by 2 persons.
3. Subsequently on 19-5-2007 Father has made a WILL and the same was scanned and Registered in Mumbai on 19-5-2007. This Will was duly witnessed by 2 persons. One more person (who was also one of the witnesses in the Society Nomination) was appointed as the Sole Executer of the Will. In the Will it is clearly mentioned that Daughter and Son shall be the owner of 50 % each Share in Flat. In the Will it is also mentioned that Daughter shall be the Full Owner of his small/petty Pan Bidi Shop in Mumbai. Initially the Will was with Father for some time. As some of his important documents were mysteriously misplaced/not traceable for some time (when he was staying with his Son at Son’s New Residence)), Father had some doubt and hence pressurised and requested the Daughter (though she was not ready to accept initially) to keep the Will with her as he was not at all ready to keep it with anyone else.
4. Son, along with his Family (wife, son and Father) has shifted to the new, more spacious & well-furnished New Flat (in the nearby area) about 5/6 years back. Immediately after shifting Son has renovated & converted the whole old Residential Flat into full-fledged Coaching Class (without the consent of Father) and earning handsome amount there by way of Tuitions.
5. Father has died on 17-2-2012 at Son’s New Residence in the same area. After getting copy of the Will from the Daughter, Son kept on promising for few months to cooperate in getting the Transfer of Flat done and Probate is got at the earliest. After fully agreeing for the Amicable Settlement made by the Elders initially, he has changed his mind and backtracked after reaching home on same day. He kept on threatening Daughter over phone with dirty and abusive talks several times and said that he is not at all going to cooperate but advised Daughter to go to court. Even though Son and his family was staying in their New Flat, they spread false rumours saying that they are permanently residing in the Old Flat (which is not at all suitable to stay as Residence) just to make the public to believe them and with a bad intention in capturing the Disputed Flat illegally.
6. In spite of our sincere efforts, as the Son was not cooperating and not ready to sign Joint Transfer Application, a formal letter was given by the Daughter to the Society on 24-6-2012 enclosing therein ( 1). Copy of Regd. Nomination (2). Copy of Regd. Will. (3). Copy of Death Certificate, thereby requesting to do the needful at the earliest. Son has immediately written to the Society on 2-7-2012 raising objections for transferring 50% Share to Daughter but instead claiming 100% Share and instructed the Society not to Transfer till the Probate is got, which he is intentionally stalling/delaying by influencing the appointed Executor and Witnesses in the WILL. After some time Executor named in the WILL has refused to act and informed his refusal through his letters dated 13-7-2012 and 20-7-2012 and one of the Witnesses seems to have been misinformed and influenced and may become hostile. Son in his letters to the Daughter and Society falsely alleged that the Genuine Regd. Will is Bogus one and also that the Father is not the Sole Owner of the Flat and hence no right to Nominate and make a Will.
7. Original Reg. Nomination, Regd. Will and 2 F.D Receipts (without Nomination) are presently with Daughter but Original Agreement of Old Flat, Share Certificate, SB A/C. Pass Book(without Nomination) etc. are with the Son. Daughter has written to Son to give copies of all the Documents (for filing
2
PROBATE) and cooperate for filling up the Bank Forms to settle the amount lying idle in SB and FD accounts since 2012. Son intentionally denies for having any records with him and not ready to cooperate and sign Bank Forms etc. but advices Daughter to go to Court for her 50% Share.
8. In spite of permanently staying in the New Residence, Registered Letters sent to New Residence were intentionally not accepted but returned with remarks “left/not known”. The letters sent to Old Disputed Flat were acknowledged by other/neighbour, just to claim falsely that he and his family are staying permanently there.
9. Sincere efforts of Elders for amicable settlement failed and Son is not at all ready for further talks mainly with bad intention of delaying the Legal formalities thereby earning a lot of income per month by way of Tuition, in spite of regularly earning handsome salary from reputed Public Sector Company.
10. Society through their Advocate vide letter dt. 6-8-2012 advised both of us to apply for Transfer of flat on getting the Probate of Will so as to do the needful in the matter by the Society. In spite of having all the necessary records with him to apply for Probate, Son has not taken any steps all these 3 years, which itself speak/prove his bad intention.
11. Though we have tried our level best to contact the Society Secretary over phone and tried to meet him personally at his residence on 26-8-2012 to get the required details, we were unable to contact him on phone and meet him at his residence. In spite of urgency of matter Society has not replied letters dated 12-8-12 and 22-8-12 and not furnished any of the details/ documents till today as on 25-2-2015.
12. After series of correspondence Son not only stopped replying acknowledged letters but he and his family also completely cut off relations with almost all close relatives (elders & youngsters) from our side. Son and his family not responding to any of the calls and not attending any of the Social Functions of Elders & Youngsters from our side. Instead he has misrepresented the Actual Facts to Society, some of his relatives, neighbours and friends and given a complete wrong impression about the case/subject matter thereby causing lot of embarrassment and spoiling/defaming Daughter and Daughter’s family member’s image/reputation, and instead claiming that he is honest and legally right.
13. Though Son and his family stayed earlier with Father at Father’s disputed residence and Father was forced to stay subsequently at Son’s New Residence (as Father’s old flat was altered and renovated as Coaching Class against his wish), the relation between Father and Son & his Family was not at all cordial. Instead, relation of Father with Daughter was very cordial. While the relation of Daughter with Mother was very cordial, after the marriage of Son the relation of Mother with Son & his family was also not much cordial. In fact, when Mother was alive, Father wanted to Will the entire Property (100%) in Daughter’s name. But it is mainly because of Daughter Father has changed his mind at that time.
14. It is sure that Son is being brain washed/misguided and supported in his misdeeds/illegal acts by his family and Father-In-Law (who is a Senior Advocate in High Court. Bengaluru / Property Matters Expert).
15. Due to the non-cooperation of the Son, unavailability of certain records and mainly due to poor financial condition Daughter has not applied for Letters Of Administration all these 3 years.
16. Under the above circumstances please guide and inform in detail about all the Legal implications and course of action to be taken immediately for early settlement of the case.
Date: - 24 - 02 - 2015 ( Daughter )

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Amit 25 February 2015 at 00:53

Rights of an auction purchase under sarfaesi

The details are , In March’2012 , I had bought a flat in Mumbai , from Indian Overseas Bank (IOB) through an auction under SARFAESI act.

1. Had paid 25% amount within stipulated time of 48 Hrs.

2. And remaining 75% within 15 days.

3. Made the payments through cheque for all Encumbrances to Co Op Society till Mar’2012. Which society rejected since i was not a member of society.

So, from a process point of view I had complied with each process in this Auction. And bank had provided ‘Confirmation of Sale’ latter to me.

But on the 15th day (from date of auction) , Bank had returned my 75% money back to my account stating that the Defaulter had got a stay from DRAT/DRT and court had asked to keep ‘Status Quo’ in this matter. Initially bank had mentioned time for 4 months to settle this matter in court but it’s been almost 3 years now, but it’s not been settled yet.

Current status of this case is that DRAT had asked defaulter to pre-deposit 20 Lacks in Oct'13. Against which defaulter had approached High court for relaxation for pre deposit of 20 Lacks, But recently that appeal was disposed of by High court in Nov'14. After that Bank didn't informed me about the status of this case and 1.5 months were over. In between, somehow defaulter had managed 20 Lacks and deposited that amount to DRAT and high court had asked DRAT to consider this matter on marit basis. Now, this matter is with DRAT.

Recently , i feel that Bank officials are also not interested in me since they feel that property is not worth of amount in which it was sold 3 years back and favoring defaulter. They are also trying to negotiate and settle this matter outside court.

From a Buyer’s perspective ,What type of damages I can claim or eligible for ,

1. I am paying rent every month (Rs 22,000) since March’12 due to not having possession of this property.

2. 25% of money is still laying with bank since March’12.

3. Encumbrances (Dues of society maintenance) on this property was close to 1 Lack in March’12 and it is increasing every month due to non-payment.

4. I have to block 75% of money ,as at any given point of time i have to pay it to Bank, if this decision goes in favor of Bank.

Now,
1. Do i have any right to challenge , if bank goes and settles this matter outside court ?
2. Which court shall i approach DRAT or High court ?
3. What type of damages I can claim or eligible in this case as an Auction purchaser ?
4. Shall i take back my money with reasonble interest , may be Fixed Deposite rate and look out for some other option ?

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sjshetty 25 February 2015 at 00:43

Application for letters of administration

I am enclosing herewith FACT SHEET containing 2 pages in respect of my (DAUGHTER) case the contents of which are self explanatory.
Please guide/advise me in detail about all the Legal Implications and course of actions to be taken for getting Letters Of Administration/Early Settlement at the earliest.
Thank You.
S.J.Shetty

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