Anonymous
15 November 2024 at 18:20
Scenario in Kerala: The deceased husband had the possessory right as per deed of 1965, whereas the surviving wife has jenmam right as per the same deed. The BT receipt is in the name of wife and others (there are 3 children). In this condition, how to partition the property.
Anonymous
15 November 2024 at 14:25
The Tamil Nadu Govt. has enacted an act in 2023 by which the first sale of a Flat in an apartment will attract only 6 % as DOCUMENT REGN .CHARGES . I intend to buy a flat from a promoter who has purchased by a Regd. Deed 2500 Sq. Ft . of undivided land out of a 25000 Sq. Ft. land from the land owner in 2015 , and has constructed five flats on this 2500 Sq. Ft. in different floors . He is also the same person who has constructed all the six floors with 30 flats under a joint development agreement with the land owner , and has sold 29 flats in 2023 before this TN Govt. Act. came into force . It is obvious that the promoter has purchased a part of the land and has constructed flats on it and is selling one of it to me now which has remained unsold and unoccupied with NIL EB reading . The Sub Registrar says it is second sales . Am I eligible for 6 % Regn. Charges ?
Anonymous
12 November 2024 at 16:26
Dear Experts kindly answer my query.
1. Can a Decree Holder file an IA to calculate Mesne Profits after 5 years from the date of taking possession of immovable property?
2. What is the Limitation to claim Mesne profit ordered in decree?
( Fact of the case :- Plaintiff filed suit for recovery of possession with mesne profit in 2016, suit decreed in March 2021. Execution petition also filed and ordered, court Amin handed over suit property possession to the plaintiff in July 2021. Can plaintiff file IA for calculating mesne profit after 3 years now (in Nov 2024) ).
Anonymous
12 November 2024 at 16:03
hello, my house layout owner offered land which is adjacent to our layout. like layout, there is no approval to avail loan. is it good to buy the same.
for house construction they said, building approval can be obtained. is it good to buy the land.. that area will be appreciated well..
Anonymous
09 November 2024 at 17:41
I am married and have 2 children. I have two married brothers. My mother is 98 and hale and hearty.
My grand mother had 4 sons. (vis. 'A', 'B' 'C' and 'D', all of them deceased now.
My father ('B') died in 2005 leaving a will, dividing his share of property inheritted from his elder brother ('A'), Twho received this property from my grand mother. This is considered to be an ancestral property of our family. Father has not done any addition / increase in the property. My mother is 98 and is hale and hearty.
This will is written in the year 1997. it has not been modified or changed since then.
Details of the will :
1. First son gets 45 cents of prime land.
2. Second son gets 20 cents of prime land. Plus one flat in Mumbai, then (in 1977) costing about 4 lakh.
3. I get 10 centrs of non-prime land.
Apart from the abve, our old ancestoral house stood at 30 cents of land. The house is not fit to live in. This property (30 cents) is divided by ( 'A" ) equally among the three brothers (10 cents each), without any demarkation of the property.
As per my father's will the 10 cents thus received by him was divided and given to his sons (my brothers) euqlly, i.e. 5 cents each. Of the remaining 20 cents, 10 cents given to father's younger brother ('D') was purchased by my farther 2004, one year prior to his, my father's, death, with financial help from me. Obviously, there was no mention about this 10 cents in his will, written in 1997. Balance 10 cents given to his brother ('C'), was gifted by him to my father. The gift deed specifically mention that gifted property will be inheritted by my mother after his (fathers's) death. Thus this 10 cents is now in the name of my mother, who has not prepared any will as on today. However, my father has promissed orally, that the 10 cents, if gifted by "C" will be given to me. There is, however, no evidense to this promise.
The will written by father in 1977, state that the properties although divided will be under the custoday of my mother, without any authority to transfer, mortgage or sell to a third party. My request:
1. where do i stand in the 10 cents purchased by father,with financial help from me, which is not in the will.
2. my father's promise to give me the 10 cents gifted by his brother , i.e. my uncle, whether i can claim it.
3.whether i have any claim on the entire ancestoral property.
kindly advise.
regads
Antony
9/11/24
antonyal@gmail.com
jigar makwana
09 November 2024 at 06:51
I live on the first floor in road facing flat and I was looking to install grills for safety purpose, in my bedroom and living room. There is chajja on top of my flat that is approx 70inch outside due to a garden area in the flat above me on the second floor.
There is a structure outside my balcony of 28inches in both the rooms. I was looking to put a box safety grill to cover the structure of 28inches outside my balcony and use that for temporary storage.
I am not trying to incorporate that area inside my bedroom or living room.
However my society chairman tells me that I can not put a safety grill to cover 28inch of structure outside my balcony as there is a law that you can only put a box grill upto 12 inch beyond the balcony.
Need guidance from experts on Whats the right thing since I am not aware.
Zehra
07 November 2024 at 20:37
The house has been my family heritage under our name since past 70-80 years, we want to sell it now but the landlord is not meeting us to sell the house, we are ready to give 33% to the landlord, but he is denying that he does not want to sell the house. Is there any other way to sell the house legally?
Its a pagdi system room, also the landlord has firmly said not to contact him for selling the house as he does not want to purchase it nor he wants to sell it to a new tenant.
Please suggest some legal ways to sell the house
Shahid Shaikh
02 November 2024 at 21:22
I have purchased flat in Mira road but seller is not giving possession even after full and final payment in December 2023.
Kashigaon polcie station had registered criminal case FIr 345 of 2024.
Please adivse if i need to file civil suit if yesy how much can that cost .
Anonymous
30 October 2024 at 18:08
Sir,
1.I had entered an agreement for purchase of villa and paid 5L. as advance and it was drafted by seller.
2. If seller is defaulter then seller has to pay 5L as penalty in addition with advance amount.
3. Sale deed was not successful and I had filed the case at Trail Court.
4.The trail court decree and ordered to pay 5L advance and 5L penalty amount with 12% compound interest till realisation.
5.Seller was stayed at HC. that villa was sold out at lower than my agreement consideration value and why Penalty shall pay.
6.Now almost 10years lapsed. and it's now Final hearing stage. Only Advance amount and court fees has been deposited as per directions.
7.Whether this kind of agreement is no consequences in Indian Law.? Is it true.
since rupee value is almost 3.05 times more based on gold price as standard calculations. And there is no LD clause mentioned and Penalty amount is fixed.
As per SC guidance if penalty amount is fixed than not more than penaltie. Agreement is verified by notary and Trial court admitted and also Judgement order issued.
Regards.
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Land lease (patta dawami)
In the state of U.P. (Shikohabad) my Grandfather had given various properties- houses, shops & open lands to different people under "Registered Permanent lease". Please note that document does not say 99 years, but 'hamesha hamesha' or 'Patta Dawami'. All rights were given to the tenants including renting out, construction/alteration and above all 'Right to Transfer his Rights(further)'. Premium (Nazrana) was also taken from the tenant at the time of registration of document. The only right my grandfather had reserved with himself was the 'right to evict the tenant in case he fails to pay half rupee per year'. My Grandfather died and I have never realized any rent from them from the date of this lease. Now these tenants claim themselves to be the absolute owners of the properties held by them. My questions are:
1. Do I still have ownership over these properties?
2. If yes, proceedings shall be done under rent control act of T.P. Act? if there is an option which is faster?
3. Is it true what I have heard that rent control does not apply in case of permanent leases?
4. If they are still my tenants, can I sell/ transfer my "ownership rights" to a third person?
5. Can I go to the court to get a higher rent fixed as per market rates?
Thanks
CA Shivam