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padma (housewife)     25 May 2016

Property rights

SIr, This is about a flat. We are four children of our late parents who owned a flat. Our second brother was staying with my late mother till her death.(in 1999) We two brothers and myself had moved out due to our marriage. Upon my mother's death we all demanded our 1/4 share in the said property/flat. Since my brother was not agreeing we sent him a legal notice.(in 2008) since the building in which the old flat is situated went for redevelopment and we were not told about this he paid me some amount. now my brother has got a new flat in the redevoloped.building. I have filed a suit claiming 1/4th share in the new flat.(in 2015) {a) Is this correct, (b) am I entitled to 1/4 share in the said property. (c) can I claim in the redevoloped.building/flat. I had sent registered notices to the various authorities like " the Secretary of the building, the redeveloper/builder, registrar of CHS, and my brother. THe case will come up for hearing shortly. Please guide me. Thanks and regards

P S

 



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 15 Replies

Kumar Doab (FIN)     25 May 2016

Who owned the falt; your mother?

The society is in which state?

Did anyone sign the NOC/POA in favor the brother?

Which personal law applies to deceased owner ( say your mother) e.g; Hindu Succession Law?

Pls post full facts.

G.L.N. Prasad (Retired employee.)     26 May 2016

When the matter is in Court, your advocate is the competent person to explain remedies if any available to you.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 May 2016

The role of your lawyer is to be your legal advocate, that is, to provide you with competent legal representation and act in your best interest to assist you in the resolution of your legal problem.

P. Venu (Advocate)     26 May 2016

Has your filed written statement? What is his defence?

Jagadisha (Software Engineer)     27 May 2016

Dear Sir/Madam,

I am Jagadish from Bangalore. I have a query regarding the property registration. In the year 1976 Govt has given one of the site to a person by name Krishnappa and later in 1986 he sold the site to my mother by way of agreement in bond paper and has given the orginal Cerftificate which was given by the Govt. Since during 1986 there was no BBMP and just grama panchayath there registration did not happen and only the Khata is trasferred to my mother's name. So from 1986 my mother and we are staying in the same place built the house in 1886, paying electricity bills, property tax etc since then. Now I wanted EC from 1986 for the loan purpose but one of the person said that EC may not come in my mother's name as registration did not happen in 1986 and need to register now. But the person and his family who sold the site in 1986 are not there in Bangalore and no idea where they went.

So since my mother and we built the house and staying in the same place from 1986, what are the ways to get it registered or get it to our name legally in registrar office?

Regards,

Jagadish

Kumar Doab (FIN)     27 May 2016

@ Jagadisha,

Your family might have committed a blunder.

If there was no rule of registartion ( Let your able local counsel confirm it) and there was a rule of Khata Transfer then has it been done to include your mother's name?

If your counsel opines that you have erred then you have to find the seller and bring him up for registration or his legal heirs or claim adverse possesion.

 

Your able counsel that has examined all docs on record can opine the best.

 

 

 

Jagadisha (Software Engineer)     27 May 2016

Hi Sir,

Thanks for the quick reply. Is there any alternate as there is not idea where that family presently is?

Sicne we have the orginal agreement and certificate is there anything done?

Regards,

Jagadish

 

Kumar Doab (FIN)     27 May 2016

Can a land awarded by govt be sold without government's permission?

Your able counsel specializing in property/revenue/civil matters, that has examined all docs on record can opine the best.

 

 

Jagadisha (Software Engineer)     27 May 2016

Yes, that can be sold without Govt's permission after 15 years as per the certificate.

Kumar Doab (FIN)     27 May 2016

He sold it before 15 years, as per your post.

Did he avail government's permission?

Your able counsel specializing in property/revenue/civil matters, that has examined all docs on record can opine the best.

 

Jagadisha (Software Engineer)     27 May 2016

I think no as there are not documents for that. Also I am not sure if we need to take Govt's permission after 15 years or said number of years.

Kumar Doab (FIN)     27 May 2016

Your able counsel specializing in property/revenue/civil matters, that has examined all docs on record can opine the best.

padma (housewife)     28 May 2016

Originally posted by : Kumar Doab
Who owned the falt; your mother? Late Parents, i.e father bought the flat after his death the flat was transferred in my mother's name.

The society is in which state? In Maharashtra State/mumbai

Did anyone sign the NOC/POA in favor the brother? no

Which personal law applies to deceased owner ( say your mother) e.g; Hindu Succession Law? Hindhu Succession law

Pls post full facts.

 

P. Venu (Advocate)     28 May 2016

Mr. Jagdisha,

Your ssue could have been better handled if you had opened a separate thread. 


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