urvi
08 July 2009 at 09:47
We have moved into a rented house in May09. It has been just two months and our owner has served us with a one month notice (as per a clause in the leave and licence agreement) to vacate as the owner is planning to move back in the house. We have made a lot of expenses while moving here just two months back, which include movers & packers, brokerage plus additional expenses like getting the address changes done for gas connection, setting up the cable connection, carpenter work, a/c installation, etc. The total of all our costs would amount to a minimum of 25k. Although the agreement does mention a one month notice and hence the owners are right in their place, are we entitled to ask them for any compensation as we will have to make all the above expenses again. We are dire need of some advice in this regard, would appreciate response asap. Thanks
Urvi
08 July 2009 at 09:39
We have moved into a rented house in May09. It has been just two months and our owner has served us with a one month notice (as per a clause in the leave and licence agreement) to vacate as the owner is planning to move back in the house. We have made a lot of expenses while moving here just two months back, which include movers & packers, brokerage plus additional expenses like getting the address changes done for gas connection, setting up the cable connection, carpenter work, a/c installation, etc. The total of all our costs would amount to a minimum of 25k. Although the agreement does mention a one month notice and hence the owners are right in their place, are we entitled to ask them for any compensation as we will have to make all the above expenses again. We are dire need of some advice in this regard, would appreciate response asap. Thanks
Kumar Krishan Agarwal Advocate
08 July 2009 at 00:53
Dear Solicitor,
I am an advocate and tangled with the problem of its unique kind.
1. My mother has two younger sisters and four younger brothers. So actually seven children are there who have one ancestral shop 30 * 20 sq. foot area in market. My mother and two younger sisters want to sell the shares but no buyer has coming forward as the buyer want whole (seven) shares of the seven children before purchasing.
2. All Brothers don't want to sell their shares to anybody. One brother has taking and doing trade business into the shop for so long. HE has not been sharing any profit earnings from the sisters. [i.e taking undue advantage and profits from that shop.]
3. I didn't want o file a partition suit for recovery of the title partition of our shares, as it requires heavy court fees and long proceedings. This property is also not able for making individual partition among seven children.
4. Now what the alternatives are ?
a. How to dispose of this property and gets the buyer excluding four brothers shares so that he purchases our shares?
b. File a declaration and perpetual injunction suit so that all the brothers cannot earn from the property. and leave it as it is forever ?
c. Property how dissolved without the interference of our four younger brothers ?
Will court will provide any alternative so that the property will be dissolved without the four brothers shares.
5. At last, I want anyway so that the property is to be dissolved or being restricted forever being used by any brother. whether it lay empty closed shop into the whole-life absolutely till death.
Thanks for giving your valuable advise,
by
KK Agarwal Adv,
Muzaffarnagar , INDIA.
Mb:- 09319365499
sridevi
07 July 2009 at 16:52
Property situated at Chennai. Though it was a self earned property of my father, he bought it in the name of my elder brother. Later on my father wished the property to be settled among his four sons. Accordingly arrangemnet were made. After retaining his share my brother settled 2/4 share of the property in the name of my father, later my father settled 2/4 share equally to me and my brother. It was a registered irrevocable, absolute settlement deed and NO life interest was reserved for my father . I have effected the name transfer in the revenue records such as tneb, property tax to my name. Due to family problems, after a lapse of 2.5 years, my father registered a cancellation of settlement deed for a simple reason that "due to unavoidable reasons" he cancels the settlement deed executed in my favour. Now i am presently resident at singapore and he is possession of the proeryt.
Now my question before you is?
I udnerstand the settlement can only be revoked through court of law? since my father has not done that... what is the validity of the same.
wat should i do now to stop any further alienation by my father.
Kindly advice me, if there is any alternate remedy without approaching the Court by myself since i have spend a huge moeny as court fees?
H.R. Sampath Kumar
07 July 2009 at 13:40
Is a daughter married in 1985 in karnataka entitled for sale proceeds of her ancestral property?
Kumar Krishan Agarwal Advocate
06 July 2009 at 21:09
Dear Solicitor,
I am an advocate and tangled with the problem of its unique kind.
1. My mother has two younger sisters and four younger brothers. So actually seven children are there who have one ancestral shop 30 * 20 sq. foot area in market. My mother and two younger sisters want to sell the shares but no buyer has coming forward as the buyer want whole (seven) shares of the seven children before purchasing.
2. All Brothers don't want to sell their shares to anybody. One brother has taking and doing trade business into the shop for so long. HE has not been sharing any profit earnings from the sisters. [i.e taking undue advantage and profits from that shop.]
3. I didn't want o file a partition suit for recovery of the title partition of our shares, as it requires heavy court fees and long proceedings. This property is also not able for making individual partition among seven children.
4. Now what the alternatives are ?
a. How to dispose of this property and gets the buyer excluding four brothers shares so that he purchases our shares?
b. File a declaration and perpetual injunction suit so that all the brothers cannot earn from the property. and leave it as it is forever ?
c. Property how dissolved without the interference of our four younger brothers ?
Will court will provide any alternative so that the property will be dissolved without the four brothers shares.
5. At last, I want anyway so that the property is to be dissolved or being restricted forever being used by any brother. whether it lay empty closed shop into the whole-life absolutely till death.
Thanks for giving your valuable advise,
by
KK Agarwal Adv,
Muzaffarnagar , INDIA.
Mb:- 09319365499
Sonu
06 July 2009 at 15:22
Hi,
I have bought a house(in Bangalore(karnataka)) that was registered in my name(First holder) and my wife's name(second holder) and I have also taken home loan on that house in mine as well as my wife's name. I have been the sole contributor to all downpayments made for house and all the EMIs as well.
My situation now makes me feel that I should remove my wife's name from the property as well as from the home loan. My wife has also agreed to it. Can somebody please guide me as to how I can do it.
santosh
06 July 2009 at 15:05
hi, every body
i want to know what is the procedure to convert an agriculture land declared as residence zone into non agriculture , what is the cost for same and which is the office where i have to contact for doing the same
Ranganath.T
06 July 2009 at 11:17
Dear Sir,
My Name is Ranganath.T on 02-10-1989, City Civil Court has issued a judgment and Final Decree on my Grandmother partition suit but in this judgment boundaries are not marked properly by the commissioner because our apposite party misguide the court by saying that he received some property from our neighbors by gift and he given a false statement of some other's (third party) property belongs to us. That means instead of our property he triad to merge some other's property and actual property showed as a gift given to him by some other peoples. And in the Final Decree, Judge mentioned their is no proper documents for the gift provided to him. But unfortunately we did not get our actual property of 40 feet’s in West instead of that 40 feet’s in East we got but this is not our property. (Which the property belongs to 3rd Parties they were already in the procession since from past with their proper documents)
Now my humble request is can we challenge this suit for amendment or re-appoint of the commissioner to fresh partition.
If it is possible please give me your precious opinion on this matter.
Final Decree passed in the year 1989; please help me we are straggling on this matter because in those days my Grandmother was very poor so he did not file the suit.
If you need I will send the Judgment copy for your further clarifications.
Thanking you.
Yours faithfully,
Ranganath.T
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Release of joint right in the property
Dear Friends
One of my client's father acquired the property under registered Partition Deed (the property is ancestral), subsequent to intestate death of his father all the brothers and sisters have released their joint right by way of registered release deed in favour of my client. I would like to know whether legal heirs of brothers and sisters of my client can claim any right over the said property. The release deed has been registered in the year 1990.
Please advise me.
Dathathreya Bhat