tusharcosmic
29 January 2010 at 14:01
Can I get a lease hold/hire purchse DDA flat evicted ?
I bought a lease hold,hire purchase DDA flat in 2000 from allottee of this flat.All the DDA allotment documents and a file of General power of attorney,Special power of attorney, Sale agreement,Receipt,Will,affidavits etc. signed by allottee were given to me.Will and GPA were registered also in my name at local Sub-registerar office.
No EMI's has been paid to DDA ever.
In 2005 I gave this on rent without any written agreement.
Can I send an eviction notice to the tenant?
Can't he challenge my ownership,because there is no written agreement or any other written document to prove that he ever has accepted me as an owner of the property
Or
because I am a power of attorney holder only
Or
because it is a leasehold,hire purchase DDA flat not a free hold property,so I am not an owner
Or
because I have never paid any EMI's to DDA ?
sujoe
29 January 2010 at 10:47
Thank you Mr.B K Raghavendra Rao for your vaulable gulidlines, but some one adviced me that if there is no dispute between the legal heirs, there is no requirment to apply for sucesssion certificate so we didn't bother to apply for one. more over i heard that a good amount goes for stamp duty. i am toally confused.please advice.
sujoe
Mahesh
29 January 2010 at 00:15
Hi:
Experts please help!!
I own two adjucent apartments no. 701 & 702 in Gitanjali chsl, Nehru Nagar, Kurla (E) Mumbai. While I live in 701 apartment I kept my second flat vacant for past 2 years. Now I want to give my flat on rent for 11 months from Feb 1, 2010 and I have finished all the formalities like registration of the agreement, police verification etc.
Today I met my society chairman and tried to give my rental documents to the society. The society chairman denied to accept it and asked me to pay a donation of 8000/- towards the society. He told me that all others who rent out their apartments have given this sum as a donation and only then the society allowed the tenant to move in. I asked him if he has anything written about it but he said that it is against the law to have such a thing and therefore there is nothing written in any of the meeting minutes but it is still followed and all other neighbouring societies also do the same. I flatly rejected the same saying that "if you do not have anything written why should I pay such a hefty donation for no reason to this society". I am still not a member of this society as they still haven't accepted our application for past 2 years. When I rejected to pay this donation, he threatened me that "the society will see how your tenant would move in then". He told me that he will not allow the new tenant to move his luggage into my apartment.
This new tenant would be moving on 1st february and therefore I am not sure what I can do against this society so that the new tenant would be able to take his baggage into my apartment.
Under the present situation, I personally feel that these people are well united and can collaborate to not let enter the new tenant. I want to know what legal action can I take if such thing happens and if there is something I can do now it would help.
Also, if there is a lawyer in mumbai who deals in such matter please provide me the number so that I can contact.
Thanks
Mahesh
Anonymous
28 January 2010 at 23:01
hello all learned experts
pls provide the full information regarding the lis-pendence under the transfer of property act section 53
ciba thinker
28 January 2010 at 20:26
Can the gpa holder sell or lease the land without including the owner in the deal?
i have given power of authority of my land to my uncle with this condition that he can use it as he likes. i have given him exclusive rights to do what he wants with that land and also that i don't want to be part of any deal he makes or the money he gets from the land. i just want him to have that land all by himself doing what it seems fit for him. my question is if in the future he wants to sell or lease the land to someone, is my presence or signature needed in the deal of selling or leasing?
Anonymous
28 January 2010 at 17:49
I have booked a flat in ahmedabad on jan 2009 for which the sale of Agreement has been made by the builder on Feb 2009.
As per the terms and condition (agreement) I have to pay the entire amount (Rs.25,00,00) to the builder during the possesion.
Initially I have paid Rs.4.0 Lac on Feb' 09 and remaining amt. through SBI Loan.From the Loan 80% has been paid on Mar'2009.
Now the Builder is not agreeing to make sale deed and informed me that he has cancelled the flat. What is the step I need to take.
The main intention of me is From Mar'09 he is asking me the balance 20% loan from me. Now he is saying that you have not paid me the 20% amt. hence I have cancelled the flat.
Can he cancell the flat when he has registered the sale of agreement without any other clause. Can I go for consumer court?
Plse help
Anonymous
28 January 2010 at 13:45
Sir,
My dad is an NRI and he is planning to buy a flat in my name in Bangalore. We have zeroed in a resale flat which would cost around 40L + registration.I am a software professional. I would like to know what all are the legal formalities and what all documents should i make sure the seller has. The owners of the flats in the building have only got the khata registration number and not the khata paper it seems. So, how will we go about transferring khata? And how much would the registration fees come?
Please reply.
Thanks a lot
Kavya
28 January 2010 at 13:17
Hi
My dad bought a land from a lady and she sold it and has given the general POA to my grandfather for the later registration of the land procedures.
Now the three persons i.e., my dad, lady (who sold) and my grandfather died.
And the land is intact since 20 years with out registration .
Please tell me how to get it registered to my mother's name or who will be the legal hires ? (we are 2 daughters).
We have the sale agreement document and the GPOA of my grand father.
The land is intact since 20 years.
sujoe
28 January 2010 at 12:01
hello ,
My father passed away last jan.He leaves behind wife and two sons as legal heirs.. He had pledged one of his property to claim amount from his chit fund and one property to the bank for house contruction. now we wanted to register the property to our names. since the the orginal document is with the company and bank how can we register it?
the other question is since the loan amount was given to my father , me and my wife stading as gaurnteer can i transfer the the loan to my name.?
thank you.
sujoe
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Whether the eviction notice to the tenent should be sent und
Whether the eviction notice to the tenent should be sent under TPA1882 or DRC,if the rent is 3300/- monthly?
I let out a DDA lease hold flat in 2005 which was built in 1991,Now I want to get it evicted for my bona fide need.The advocate prepared an eviction notice under Transfer of property act.
But I came to know that as the rent is below Rs.3500/-so our case falls under Delhi Rent Control Act.
Why my advocate has not even mentioned DRC in the notice?
Why 2 months notice under TPA only?
Is'nt my advocate committing some mistake ?
Tenant is not paying the rent also.Plz. help.