Karan
07 March 2010 at 13:52
History:My grandfather had bought a property under his name in 1980's.He started a small partnership firm with 6 partners.Sadly due to loss making the firm had to shut in 1993.From then it is locked to date.Our liabilities towards Corporation Tax and Electricity had to settled.All but one Partner(Mr.X)settled their liabilities.Mr.X was ignorant to pay his debts.Due to this we used to get notices regarding the same.My grandfather had no option but to sell the machinery to repay the debts of Mr.X's share.When Mr.X came to know about this he took action and got the premises sealed with the police and got an stay.
Case:My grandfather wanted to sell this property.But Mr.X is not interested to do so.My grandfather is no more and now we want to sell this property but Mr.X is still not agreeing to do so.
I wanted to know as to how we can go about and what action can be taken for the same.
Thanks in advance.
Clayton Mendonca
07 March 2010 at 02:38
1) An old 85 year old Roman Catholic Christian man having four sons sells self acquired property in Bangalore, Karnataka in 2000 to one of his sons with two other sons being witnesses. The fourth son is not aware of this sale.
2) In this registered Sale Deed the description of the house is written as - Plinth area of the building: 100 sq. ft., Roofed area of each such floor: Not applicable, Material of the wall and roof: Stone walls and tiled roof, Seller agreed to sell the Schedule Property to the Purchaser for the mutually agreed consideration of Rs. 1 lakh only which is the current market value of the property in the area.
3) As per the Karnataka Government CVC Valuation Committee document dated 2000, the price of the plot and house would have been valued at Rs. 5 lakhs.
4) The house actually was/is a two floor duplex house with a total floor area of about 1000 sq. ft. (ten times what is declared in the registered Sale Deed) and is built of concrete. This house was built in 1995.
My query is:
1) Can the fourth son now file a case in Court to declare this Sale as null and void based on the below facts?
i) The man was a totally illiterate person.
ii) He was 85 years old when he made the Sale Deed.
iii) The witnesses are very close relatives.
iv) The market value mentioned in the Sale Deed was 20 percent of the actual market value when the Sale was made.
v) The three brothers have colluded to disinherit the remaining brother of his share in his father's property.
If the 85 year old totally illiterate man was of sound disposing state of mind, how come he did not notice the fact that in the Sale Deed, it is mentioned that:
i) There is a farmhouse made of stone with the plinth area of the building shown as 100 sq. ft. only (when actually the structure is a two-floor concrete building with total area about 1000 sq. ft.).
ii) The current market value is shown as Rs. 1 lakh (when the actual market value on that date was about Rs. 5 lakhs)?
It is very obvious that the old man was duped by his three sons in 2000 and that this 85-year old man was not of sound disposing state of mind as can be seen from the above facts.
Please let me know the strength of the Court case if a case is filed by the fourth son to declare the Sale Deed as null and void. The old man died in 2001, one year after the sale deed.
Thanks in advance.
Clayton
Anonymous
06 March 2010 at 14:03
I have my ancestoral property on which we used to live with our family. the building was build arround 60-70 years ago.presently we want to re-build the construction after demolishing the old construction. the problem is that my neighbour is showing his musscle power and saying not to allow us to rebuild the house.as about the property it was purchased by my grand father.in this connection what type of legal aid i can avail and where to proceed ?
Niranjan
Anonymous
06 March 2010 at 09:18
Dear sir,
want a format for the advestisment of Loss of share certificate of an individual on housing society letter head for PUBLIC notice. can the forum help on this. as the news paper is not accepting on a plain paper n the society wants Police complaint.
thanks
Anonymous
05 March 2010 at 18:00
A partition suit is pending for the ground floor of my house built by my father.I'm the absolute owner of the first floor since the roof of the ground floor was gifted to me by my father and it was registered.Can I sell my share of the ground floor alongwith all my legal liabilities to whomsoever is willing to purchase the first floor?Can my mother and sister stop me from selling my share in unpartitioned ground floor even before disposal of the partition suit?
Anonymous
05 March 2010 at 17:28
The landlord had given room (in mumbai) to one person for commercial purpose however he started his business under partnership concern with another person( in the year 1981) now the said tenant has got retired from the said business and his only son who admitted later on has been running the same business under sole proprietorship concern? The landlord denies to take rent from the son of the tenant saying that he is subtenant.
1. whether the landlord would succeed to evict the son on the basis of subtenancy?
2. what will be the solution to safeguard the son if he would get evicted from the said room?
Anonymous
05 March 2010 at 16:56
Sir,
I urgently need latest sc case laws on section 23 of the Hindu Succession Act,1955 where it is ruled "that tenant in a dwelling house does not change the nomenclature of it and deprive the benefit of section 23 to the legal heir in occupation of the property under litigation by one of the heir seeking partition/share, and also residing therein.
regards,
your's,
satish kumar
Heyal
05 March 2010 at 16:05
Dear Sir,
My uncle purchased a flat in 1984 in name of my father and later on my father expired. Now the uncle is readu to sell the flat to us at 50% rate of market rate but he has informed that he has lost the original documents.
He has provided us with electric , water and soceity bill which all are in name of my father. We then tried to find with sub-registar office and could get a xerox set of flat documents and all are in name of my father. In fact, the documents also have our name and current house address mentioned.
Now I would request you to please guide me with :
1) Should we show our interest in this deal and is it safe, since original documents are lost by my uncle.
2) Should we be paying 50% (approx 12 lacs) to my uncle
3) What would be the legal procedure to be followed for such case
4) Should the FIR / Public notice in newspaper be filed by my uncle or by us. In case, we file the FIR / public notice should be saying that the original papers
have been lost by my uncle. If I involve my uncle in FIR / Public notice, can it lead to confusion / complexion when we latter sell the flat.
5) In case, we show interest how can I bind my uncle i.e should we pay him in cash or cheque or 50:50 and should we be signing some agreement or MOU
Please help by giving best solution to me to come out of this problem.
Anonymous
05 March 2010 at 16:01
Sir,
I want to buy a land situated in Haryana this land is in the kind of dholi(Donated) to the ancestor of the hirer for agriculture but now they reside on that by making house type. i want to know to your goodself whether i can legaly aquire the title of this land masuring 250sq yard or what to do to aquire this land.
i have heard some where that it can not be registered in the Govt Record in the name of buyer whether it is true.
please suggest me what to do.
Thanking You
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Land Registration in Bangalore
Dear Respected sir,
As we have constructed land at Bangalore city . Land has been registered on two peoples named Ganesh & Venkatesh & they both have constructed house in their part of property. I am here as Ganesha's Son . We don't have any original documents of property but we have photocopy of the document.
many time we were ask for to registration from Venkatesh to Ganesh but he is postponing the work.again immediately we heard that land has been registered on Venkatesh full property but it has to share with them. is it possible to make registration on one person without the other person. Is it possible to get the Original documents form Sub-Registrar office.?
Kindly help me in this matter.