Sir
a have a flat in housing society in chandigarh
as per allotment letter the roof rights are with the top unit.
Now as per government orders we have to get sub conveyance deed executed.
We have asked management to write this in conveyance deed but they are not incorporating the same.

Please intimate will I have the same right as per terms of allotment letter or it will infringe upon my that right ?
please advise me
thanks


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16 May 2019 at 07:05

Terms 7 conditions in a mou

Experts kindly explain in plain English for a lay man to understand the following--

"'The terms of 1st, 2nd, 3rd,& 4th party shall all include their , representative heirs, representatives, assignee's & administrator-in -interest.'

thanking you


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27 April 2019 at 22:06

Mortgaging the leasehold rights

Dear Sirs,

I am writing to seek your advise on the write up mentioned in the Lease Deed, I am having agriculture land around 0.5 acre and all other surrounding land owners are also giving land for lease.
The lessee is interested to built warehouse, hence he approaching land owners for lease. Presently land is using for agriculture.

In the lease deed, it is mentioned like..
(POWER TO RAISE LOANS: The Lessee shall be entitled to raise loans/borrow money from financial institutions i.e., Banks, Financiers, Financial Companies and/or other Financial Institutions by mortgaging its leasehold rights in the Schedule Property. However there shall be no liability on the Lessors in regard to any such debts or borrows.)

Is this Mortgaging land leasehold rights is legal? Does this safeguard Land owners in case of any default by lessee, what are the impacts on Land owners from mortgaging leasehold rights.

Kindly advise,
Thanks&Regards,
Manohar


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Anonymous

Greetings!

In a town of Bulandshahr, after the U.P. Zamindari Abolition came into force the State of U.P. started realizing rents from all the tenants/occupants of every khasra, agriculture of otherwise, on a false claim that after Z.A. act all lands have vested in the state (except two plots where there was actual Abadi).

There was a controversy regarding the boundaries of town area, thus the applicability of U.P. Zamindari Abolition Act. In 1962 while the matter regarding the boundaries of town area was pending in a civil court, the state of U.P. carried out consolidation of the entire town, including the admitted abadi plots. As a result, not only all khasra (plot) numbers were changed but also their size. U.P. state was defendant and we were as plaintiff in this case. Judgment came out in 1963. DJ upheld the civil judge’s verdict on 1966. No further appeal. No U.P. Urban Areas Zamindari Abolition Act ever came into force in this town. Court admitted the list of all our tenants on agriculture or non-agriculture lands.

As I know, consolidation Act would apply only to the areas to which the provisions of the Zamindari Act would apply. We have tenants in agriculture lands through lease/patta given before and after Z.A. act. The lands where we have these tenants are according to court’s verdict are inside town area (urban) limits, but according to government they are outside. Sometime after consolidation in 1962 government issued Bhumidhari sanads to the occupants these lands. They got their names mutated in revenue records.

Now once again consolidation proceedings have been initiated and they are presently in progress. Do we have any rights left in these lands, which were confirmed by the court in 1963 and again in 1966? If yes, how do we proceed?
Regards


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I had given Flat Transfer Application along with necessary documents to the Secretary on 23.12.2018 but he has not communicated any reply to me till today, though more then 3 months has passed.

In such case, can I become a member of the society automatically as per bye-law 65(g) and as provided under Section 22(2) of MCS Act ? What action I should take now, please advise.


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Does it really take 50 years for my dispute regarding partition of my moms two houses to get resolved in court?

Here I have been suggested that go for compromise.

Even my father also told compromise and sign on blank paper. I did not sign however.

The advocate also told if they come for compromise, you compromise.

How to do compromise?

[Back story - Mom passed away few days ago, leaving 2 big houses, husband, one son married with 2 kids, one me with one kid (I did love marriage (1 kid girl) however I did not change reliegion) no will done by mom, dad and brother telling you wont get any share in property.]


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Dear Experts,

I am standing as POA/GPA on behalf of my friend- Plaintiff (living abroad) who got cheated of plot. I was assigned as GPA only after it was known the plot was sold as paper sale with fictitious katha # with substantial evidence of producing other case OS/598/1998 judgment gone against the defendant of the entire layout itself. Besides we have produced WhatsApp message between defendant and plaintiff wherein defendant acknowledging to sort out and settle if the plaintiff withdraws the police compliant OS/5854/2016 for recovery of money and cancellation of sale deed.

While the case has progressed upto cross examination on both sides, yet the defendant through one of the IA statement is expecting court monitored commission enquiry to redraw the boundaries by falsely highlighting that I GPA has sold some piece of my friend’s plaintiff plot to neighboring Flat/Apartment builder; and as such I have put this case against defendants to recover money and thus diverting court. Towards this in the ensuing argument stage can we ask defendants to show / table proof also can we produce additional docs / proof OR highlight their own docs & statement tacit acknowledging their misdeeds.

As I am standing as GPA to my friend to ensure justice is done to this problem and money is recovered for him and importantly this fictitious sale deed is cancelled… Kindly help me with your advice so as to what aspects can be and cannot be brought through verbal and written process of argument stage so that I am not been falsely accused and when ORDERS are issued would Judge word the orders expunge false accusation against me as well.
Appreciate your understanding of my situation and hence needing your expert advice.

Many thanks & Regards
Stephen


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29 March 2019 at 00:47

Transfer of Name on property

Hello all,
Need help/guidance on below scenario.

My wife's Grandmother(Mother of my wifes Mother) Have a propert On her Name. But she passed aways Long back . But before Pasing away she made a Power of attorney of her property Possesion on Name of my wife's Father(Only POA).
Unfortunately My wifes Father also Passed away Few years before.
Now My wifes Mother want to get the property of her Mother on her Name, bcoz as per POA its was given to Her husband but now he is no More. So after her husband the First right goes to her Mother.

How Can we go about getting the Property tranfered on My Wife's Mother?

Procedure to follow?

Guidance on above would be highly appreciated.

Regards,
KISHOR


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Anonymous

I am a co owner of flat purchased by my mother myself and my brother.now we three co own this flat in CHS located in Mumbai.my mother made gift deed of her 1/3 share in my name but before submitting the same to secretary of society
She died of heart attack.So in this case how should I approach society for transfer of her share in my name .6 months have passed since gift deed registered


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12 March 2019 at 16:57

Panchayath layout plan road issue

Sir

I purchased plot in 2015 under punchayath layout plan dated 1989.where plan Is having 33 feet road in front my plot. But opposite plot owner occupied that access road and build a wall upfront my plot and I could not able to go inside my plot.left side there is a house and road occupied and build a wall and right side some other person land is there and back side another person land is there.so only accessible road for my plot if occupied and he is saying he build wall as per his land measurements. He is saying my panchayath layout is fake and his land owner saying he did not sold road to that layout planner.but road is there is pamchayath layout and opposite plot owner completely blocked 5 plots in our side with out giving accessible road to our plots
Kindly help


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