rajesh
01 December 2009 at 18:13
DEAR SIR,
ABOUT 12 YEARS AGO MY FATHER HAD GOT INTO A AGREEMENT I.E MEMORANDAM OF UNDERSTANDING [MOU] WITH A PARTY FOR SALE OF HIS PROPERTY ON A PLAIN PAPER WITH A REVENUE STAMP ON IT AND ACCEPTED SOME TOKEN MONEY AGAINST IT .
DUE TO UNKNOWN REASONS THE PARTY WHO WERE BUYING THE PROPERTY BACKED OUT AND DID NOT PAY US THE DECIDED BALANCE AMOUNT.NOW THIS DEAL HAS GOT STUCK FOR LAST 12 YEARS AND WE CANNOT SELL THE SAME PROPERTY TO ANYBODY ELSE AS WE HAD ENTERED A 'MOU' WITH THIS PARTY AND IF WE LOOK FOR A NEW BUYER THEN THEY ARE NOT INTERESTED AS THEY SAY IT IS A DISPUTED PROPERTY WHICH HAD ENTERED INTO A AGREEMENT WITH SOME ONE ELSE BEFORE .NOW MY FATHER HAS EXPIRED.I WOULD LIKE TO KNOW WHETHER THIS 'MOU' SIGNED BY MY FATHER STILL HOLDS ITS VALIDITY WITH THE PARTY IT WAS SIGNED WITH OR AFTER A PERSONS DEMISE THE'MOU' NULLIFIES AND DOES NOT HAVE ANY VALUE .
BASICALLY WE WANT TO SELL THIS PROPERTY AS IT HAS BEEN MUTATED TO OUR NAME[I.E IN THE NAME OF MY MOTHER,MYSELF AND MY SISTER] AFTER MY FATHERS DEMISE.CAN THE FIRST PARTY TAKE ANY ACTION AGAINST US IF WE SELL THE STATED PROPERTY TO SOMEBODY ELSE OR CAN HE TAKE A COURT STAY AGAINST THIS PROPERTY IF WE TRY TO DEVELOP IT ..AS I HAVE WRITTEN EARLIER FIRST PARTY HAS NOT KEPT THEIR PROMISE AND DID NOT PAY US THE BALANCE AMOUNT AS PER THE 'MOU' AGREEMENT MY FATHER HAD MADE WITH THEM.I WOULD LIKE TO KNOW WHERE DO WE STAND IN ACCORDING TO THE INDIAN LAW..THANKS …
NAYAN THAKORE
01 December 2009 at 15:22
I am leaving in a bungalow owned by my mother in law. Upto 1985 the bungalow had 1100 sq ft constructed area on the ground floor and 470 sq ft area constructed on the first floor. In 1985 I spent Rs 1.8 lakhs and additionally constructed 440 sq ft area (2 rooms and 2 bathrooms) on the first floor. This was done so that bungalow can be divided into 3 flats, 1 for each sister, one of whom happens to be my wife.
(1) The youngest sister has about 800 sq feet area on the Ground floor.
(2) My wife who is the middle sister has about 660 sq feet area on the First Floor
(3) The eldest sister has 550 sq feet area (330 sq feet on the Ground Floor and 220 sq feet on the First floor.
The mother stays with the youngest sister. The youngest and the eldest sisters got their flats ready made while I invested the amount stated above. I only got 220 sq feet readymade.
There is agreement , between the sisters , on stamp paper, prepared by a lawyer that I have spent the above mentioned amount for the stated purpose.
I have the following queries:
(a) Due to lack of knowledge I did not register what I constructed on the first floor. Is it possible to register it in my name?
(b) Can I lay claim to the area I constructed?
(c) If somebody wants to demolish and redevelop, can I go to a lawyer and bring a stay order since I do not want to redevelop. We will be destroying value as at construction time everybody agreed that it is for 60 to 70 years.
The condition of the bungalow is very strong and as per certification of structural engineers the building is good for another 30 to 40 years
Please advise, as nearing retirement age I will have to look for a flat when prices have sky rocketed
eshwar
01 December 2009 at 13:58
in court digree it is settled that the amount has to be payed with in 15/12/2009 can this allowed time be extended.
is there is provision for the above
Amol Musale
01 December 2009 at 12:06
Dear All , Plz help .
My Self , amol.
I have taken flat in Pune Wakad For 3000000. I did agreement on 24th June.
But on 14th Dec my home was robbed and original agreement get stolen . Now i want loan of 2000000.
Plz give me suggestion. LIC HFL has rejected my loan.
Plz help. - 09881243706
Kuldip Narain Saxena
01 December 2009 at 12:03
Respected Sir,
I am an Advocate but work in otherthan field of Revenue Laws.Please let me know that one property has been purchased in Uttar Pradesh in the year 2007 and Mutation Filed acccordingly.But no order has workout till date by related Tehsildar.What Legal step may take to compell Tehsildar to pass appropriate order. K.N.Saxena Adv. 1st Dec.2009
Sabahat Sayed
01 December 2009 at 11:33
Dear sirs, Thanx for ur valuable advices but i would like to make it clear that a father and son both have signed joint agreement and both have equal right in the flat. The mainatainence slip comes in name of father. The son is not sure whether his name is in share certificate or not or only his fathers name exist. so if suppose his name is joint in agreement but his name is not mentioned in share certificate (as son is not aware), can the father sell the house alone if the sons name is not in share certificate.
does no name in the share certificate loose the right of son in property even though his name is joint in the agreement with his father?
I just want to know this if there is no name of son in share certificate only his fathers name exist so can father sell the flat alone taking no name of son in share certificate as a advantage? what remedy is open for the son now as due to some disputes the son is not residing with father. So can the father take away the right of the son and sell the flat alnoe without consent of son. The son is also not aware about nominations in the society..
PLz advice..
Reshma K
01 December 2009 at 11:06
Dear Sanjeev, Thanks a lot for your answers. I have a few clarification to understand it better.
1. So in the case of Lease/Rent are there some standard requirements. I mean, is it compulsory that there shoudl be a security deposit to be paid at the begining. If yes, is there is a set amount?
2. Does the payments have to be made monthly. Can it be once in two months etc?
3. In a lease agreement, there is usually a cluase saying that agreement can be terminated by notice by either side? Is there a set period of notice or are the parties free to decide what shoudl be the notice period?
4. Another important question i have is, since lease can be terminated by notice period usaully with a months time, Is it really required to have an agreement that the lease is for 11 months, 1 year or two years. Can we not just say or rather shouldn't it be that the agreement is on monthly basis, since in effect it means the same. Becuase even it is for 11 months or more, the tenanct will have to leave after receiving the notice.
4. Sanjeev, I am still not clear with the difference between price and rent. You seem to be saying that Price is the security deposit. Is that so. Then are you saying deposit is compulsory in every lease agreement?
ss
30 November 2009 at 21:34
The value of the total suit property located in Delhi under category C is Rs. 42,77658 lacs. There are three legal heirs. One legal heir intend to file partition suit who is in possession and in occupation of the suit property in Patiala House court Delhi. Therefore the value of suit for partition to be filed by one legal shareholder is Rs. 14,25886 i.e 1/3rd. Please guide me on the following points:-
(i) would be the value of the suit for the purpose of fees and jurisdiction and
(ii) what would be the court fees stamp required to be paid and affixed with the plaint ?
Thanks
Neville
30 November 2009 at 17:48
Hello,
I would like to ask if the BMC can take action on encroachments on MHADA land.
What is the procedure for obtaining a stay when served a notice of eviction / transfer to government housing when staying prior to 1995 on MHADA land.
Regards
Neville Da Silva
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