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Ashwani (S/W Engineer)     11 November 2011

Need urgent solution

Hi,

I have a question regarding stay order on land.

Situation is like this.

Land was distributed b/w my Grandfather(died) and  Grandfather's brother(from 2nd wife(both alive)).But there are many parterner in this land like my Grandfather's sister and Grandfather's brother's sister.

But after my grandfather's death , my Grandfather's brother tried to block a very old path.So we(3 son's of Grandfather(died)) take the stay order from the court so that they can not block that path.

Now we(1 son out of 3 son's  of Grandfather(died)) want to construct a house on this distributed land.But we have fear that they can also take the stay order on this land.

But here situation is little different as we have constructed the base of this house 10 year ago and collected all material required to build house.

I have following questions:

  1. Can he(Grandfather's brother) take stay order on this land if yes then please suggest what are the option we have available.
  2. Is it possilbe to take stay oder for him(Grandfather's brother) as we have constructed base of this house 10 year ago.
  3. In case he(Grandfather's brother) take stay order,Can we ask the court to give us the compensation(money) since he had not take stay order 10 year back while we were constructed base of house and why now after such a long time as we have invested on so many things.

Regards,                                                                                                                                                                                                                                                           

Ashwani



Learning

 2 Replies

Jalraj Tandel (Analyst II)     13 November 2011

Good day,

I have a query with regards to Gift Deed. My Grandmother-in law has made a gift deed in favour of my brother-in-law (her own grandson who is 23 yrs old working with a pvt firm). The deed has been registered and all legal formalities have been met. Here the problem is the society in which they reside are extra-ordinarily smart and are not willing to give a NOC as required. There are no dues and no payments pending for which a NOC can be refused. Here the society is querying that why the grandmother is making a gift of property to her grandson and not to her sons or daughters. They are saying that they will call for a meeting and then decide whether a NOC can be issued or not? Can someone assist as to why are they so bothered about whats happening in other peoples house. Even the MHADA (Bandra officials) are saying that there is no reason why a society should refuse NOC for a gift deed when all the papers are already clear. A MHADA official also spoke to the writer of that society saying that why are they holding the NOC for this case? My friend who is helping them with the gift deed says that this is the first case he has encountered where the society has objected to the NOC for a no valid reason.

Can someone please advice as to what steps we need to take if incase the Society does not co-operate?

Your advice would really matter..... Thanks a ton

Advocate Vishnu (Advocate)     13 November 2011

Dear Jalraj,

Grand mother can make a settlement of her property to her grand son if it is her self acquired property or absolute property else the settlement deed is legally void.

If it is her absolute property the society has no right to object to the transfer. you can take  a good advocate with you and settle the issue instantly.


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