AwMeAbN
21 January 2010 at 23:17
Hi,
My father bought a share in a piece of agricultural land in Punjab in 1990 along with 12 others.
The other parties sold off their share to a new buyer 'A' but my father retained his share.
Eventually, the new buyer 'A' sold off his share to two other buyers 'B' and 'C'. 'B' further sold his share to 'D'.
My father did not bother about the property which was left open and un-attended for all this while. Recently he found that the other shareholders have constructed a wall around the total land and also conveniently divided it into two halves by constructing a wall within it and have also given it out further for Agriculture and for some construction related equipment parking.
I have the following questions :
1. In the deed where 'A' bought the shares of all the other shareholders, it mentions that he has been given the possession of the land. Can this be challenged on the grounds that since he only became a new shareholder, he did not have the right to be given possession unless the land was partitioned and my father given his exclusive share.
2. In all the subsequent sales, it has always been maintained that the buyer has been given the possession of the share he has bought. Does any of this stand ground ? or is it all objectionable and can be challenged
3. On a brief discussion with the present shareholders, we were told that they have been using the land since the last 9 years and have been getting the 'Khasra Girdawari'(record of harvest) done in their name and hence they have an upper hand and probable ownership of the entire land. Does this hold any merit ?
4. My father had bought a share in agricultural land. However, present day it stands as partly cultivated and partly used for commercial purpose. Can he now claim damage to the agricultural land and his share within it ?
jayesh ahire
21 January 2010 at 17:39
Hi,
my friend is living on rent in Kolkata in the same house since more than 20 years... this is not the regular 11 months rent agreement but the traditional pagdi system..the property is going for redevelopment.I wanted too know what are the tenants rights in such scenario.. is the tenant entitled for a house or any compensation???
Anonymous
21 January 2010 at 16:48
Hello,
My Grandparents constructed house in Rajasthan in 1930's, but due t some reason he registered that property in the name of his second son and his brother. Name of second son was wrongly mentioned and his actual name was different than what is registered. after death of my grandfather and mother... and grand uncle... all 4 son of my grand father and only son of my grand uncle decided to share property equally and make a note in plain pare and signed that. Now second (in whose name property was registered) passed away... now his son is claiming full right on whole property... and put a lock ... my grand mother has make a will in my father's name (third son of my grand parents) and gave him her father's property as he is the only son who has taken care of her till death. Can my father demand equal reights in the existing property??? Please guide us about the legal rights...
Thanking you,
Yours faithfully Tushar
P. Venu
21 January 2010 at 13:11
What is meant by "right to property in soil". Is there any judgment of the Supreme Court where the term was defined.
P.Venu
Anonymous
21 January 2010 at 11:53
Dear Sir/s,
I shall be very much obliged if you can solve my following Queries.
1]After completion of construction of building for How many years Builder/Developer is liable for any defact in construction of building?
2] What are the documents (original/Certified True Copies) require to be taken from the Developer/Builder after completion of the construction of building ?
3]After completion of the construction of building within how many months Builder/developer should give conveyance to the Society ?
Pls. advice me at earliest and for which I Thank you all in advance.
Bharat Gala
P.C. Joshi
20 January 2010 at 21:10
Dear Friends,
Your opinion is required on the following interesting issue.
A ltd has a rented office in Mumbai. Area is abt 1015 sq ft and monthly rent is Rs 1725(one seven two five).
Way back in 1972 the premises was taken under leave and licence agreemnt for 5 years between A Ltd and one Mr X who is named as licensor in the leave and icence agreement and rent was fixed Rs 1725/- pm and from that date the rent is Rs 1725/- till date.
In the afresaid L&L agreement, it is also mentioned that the owner of the premises and Y&Z who have under an agreemnt authorised X to use/let etc. the premises.Meaning thereby that a ltd in a sub tanent.
on 20th Dec09 X sent a vacation notice of 30 days to A ltd. and after expiry of the said period of 30 days,demanded arket rent @Rs 100/- sq ft till vacation.
Interestingly, the L&L agreement mention that the term is 5 years and there is no renewal clause. But the preises is possessed by A Ltd. There is no arrear of rent and no such notice is issued before.
What legal remedy is available with A Ltd, which is not protected by Mumbai Rent Control act and what defecnces it should take replying notice.
Other issues:
1. Can X is legally authorised to issue notice of vacation when it is not a owner.
2. is sub tanency is a defence in itself. sub tanency subsists Because, X being a tanent himself can not compel A ltd
3. Non existence of the leagl owners or their legal hiers makes any difference.
4. can a ltd tkae plea of perpetual lease.
Regards
P.c. Joshi
eshwar
20 January 2010 at 12:51
dear experts i have a peculiar case
case details.
1) one of the son asked for partition in the self occupied property of an father after break opening the lock of the floor for which the owner was receiving the rent.
2) the father has asked for the rent at the rate of rs 450 per month
3)the high court has passed an order for recovering the rent.
4) now the son who is using the property for his commercial purpose.
5) the civil court has passed an order to pay the son a sum of Rs 2000000 as an share in the self occupied property.
Questions
1) can we now recover the rent which is p reveling in market now or we can recover only the old rent of RS 450 P.M
2) can we deduct the rent form the amount payable to the son and pay his share in the
property
3) can we make an application to do so to the civil court
4) or we must put an another case
5)can we bring attachment to the deposited amount of money (share) by filing a new case in civil court
Anonymous
20 January 2010 at 11:47
Dear sir
M y mother had been issued the letter of aministration for the property worth of one crore
the querry is
1, any asset if sold within three years are bound to have in come tax or mere title change is supposed to be Gift. if mu mother is thinking of distributing it to their childrens say 4 + to the two daughters of his brother what will be the procedure
2, if she pays tax like high capital tax gain or low capital tax gain and distributes to the children and brothers daughter whether the receiver has to pay further tax or will it be treated as gift
3, what is the maximum limit above which the gift tax has to be paid
regards
R_PVK
RM
19 January 2010 at 17:41
An urgent Opinion is required ..
A person having a self – occupied commercial property in a regd co-op hsg society and was running a business from said property with all permits & licenses..
He dies without WILL . Wife and Minor Son have obtained Heirship Certificate from the Court of Civil Judge… wherein it is mentioned that , “ They have been recognized as heir of the deceased in respect of the commercial properties ”
Lady wants to sell the commercial property alongwith business rights ie. permits + licenses to me and my friend ..
My Queries are :-
1. Heirship Certificate issued mentions only about commercial property and nothing about deceased’s business permits + licenses.
Does this mean that wife & minor son can get permits + licenses transferred to their name( Without Will ) on basis of this heirship certificate ??
Can’t there be any claim from someone regarding business and does this heirship certificate should also mention about this business ??
2. As wife & minor son both are recognized as legal heir of property , they jointly held this property
Is consent of minor required to sell the property ?
If so can we ask the lady to produce Court Orders OR Court permission for sale of minor's property ??
3. Can we ask for Society N.O.C. ( as commercial property situated in a co-op hsg society ) before Signing Agreement for Sale… ??
Share certificate mentions property transferred to lady’s name ( no mention of minor son ).
4. Can we Enter into a Single Agreement for Sale for both property & business permits and licenses and pay stampduty .. or separate agreements for both
As we will pay individually and then later on transfer it to Partnership business .
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Probate.
Dear Experts of the forum,
Good Morning.
If original WILL is not found /Traceable/ Not interested to show in public by one of legatee (who is in possession of ORIGINAL WILL; It is a registered will), Can a copy obtained by from the Registrar's office be used for PROBATING purpose? If yes What will be the Expenses? Court fees as it involves lot of properties , but almost all property is sold by the one of the legatee!?
Pl.Note: I have obtained a copy of Will from the Registrar. The Persons involved are Hindus and are from AP State.How can probate obtained in AP state? What is the court fee payable? if the value of the property, cash, etc. is not known how the stamp duty is determined? Who can file and how long does it take to obtain probate?
With regards,
Thanking you ALL EXPERTS, in anticipation of an early REPLY please.