Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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s dam (mng)     04 December 2009

maintenace of joint property

House is willed to two heirs. Ground floor and unconstructed area of roof goes to one while 2nd floor and rest of the constructed area goes to 2nd heir.

While the 1st heir let out his portion and is leaving in another city 2nd heir is staying in the house.

1st heir is not ready to give any maintenace expenses or govt taxes and is not coming to the city to complete the mutation.

At the time of probate original title deed was misplaced by the executor and copy of same was not filed with the court.

House is in kolkata.In absence of mantainnence is in poor condition

Can Any legal action  be taken against the 1st heir for his non co-operaion. How to settle the dispute.

regards

tinku

 



Learning

 6 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     04 December 2009

File a suit for partition.

D.Ravindrran Naidu (Managing Director)     05 December 2009

Dear Sir,
I,My brother and two younger sisters are in my family.My father is having a property land and building of ground Floor,In May 2004, my father has made a settlement deed unconditionally of 50% uds of the property.Balance 50 % uds is with him, Based on the deed , i have constructed part of ground floor, first floor and second floor with my own funds of Rs.36ooooo/-.since my brother has hot married and living with him so far, due to family problems my father has cancelled the deed on 9th Nov 09.
Register office has cancelled the deed without any prior notice to me.Now I am in problem and proceeding to move to court.
I have got the electricity connection on my name.but I have not transferred the property tax, water tax and sewerage tax.

Can you suggest how to go about it?.

With regards

D.Ravindran.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     05 December 2009

Your father had settled only 50 % of the UDS. You have accepted the settlement and transfered EB connection in your name and paying EB charges. You have spent huge sum of hard earned money to develope the property. You are in possession and enjoyment of property by residing there with your family. There may be delay or no immediate necessity arose to transfer the property tax, water. Considering the relationship and the father remaining owner of 50% UDS, mutation of property tax, water tax in your name will not affect your title. 

You are the owner of the settled property. Your father is aware of all these and stood over the developments. Therefore your father has no right to revoke the settlement deed. In revocation, register office is not bound to give any notice to you. 

You have to file a civil suit challenging the revocation deed.

D.Ravindrran Naidu (Managing Director)     07 December 2009

I have already Filed a civil suit challenging the cancellation of the deed in chennai high court and got the injunction order not to do any other transactions in theproperty.The order is being served to my father and the SRO,saidapet.

Today my father called over phone after receiving the order copy, he wanted to setlle to me and my brother with compromise. kidly suggest how to proceed from now with the help of court or by the registerer office.

With regards

Ravindran.D

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     07 December 2009

Mere Suit for Cancellation of sale deed ca not be filed before High Court. I am correct, the suit is pending before City Civil Court at chennai, (Situated within High Court campus). 

So far as, settlement is concerned, it is family affair, You are the best person to decide it.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     07 December 2009

Read it as " if am Correct"


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