AJIT KAWATKAR
05 June 2009 at 00:31
the case:-A)landlady+share holder of Plot{10}owners regd.society.gave her ppty.for development on devmnt rights{rs.20/notarised stamp ppr in yr.1992],terms:-free 1200sq.ft.flat in newly constructed bldg. at site+compansation in cash.remainning flats to be sold by the devper.No sale agrmnt. only possession letter{rs.10/} is there .B}other 12 flats sold to outsiders on agrmnt. for sale-stamp duty rgstration done on agrmnt.value{sale value is same}.possession in 1993.C]apartmnt declaration/regstration pendding for last 14yrs. developer says it cannot be done for absense of agrmnt. for sale/sale deed with landlady.why other 12 should
sufer because no fault of theirs ? kindly guide;only by legal experts. this is in Nashik maharashtra.
a.manoharan
04 June 2009 at 23:01
Dear Experts ,
Please inform me whether the first charge can be created over the mortgaged property even though Memorandum of Deposit of Title Deeds got Registered as though in Registered Simple Mortgage . Any SC Judgement or any HC Judgement discused about this matter in detail. If available , please quote the same for expert's discussion.
AJIT KAWATKAR
04 June 2009 at 19:08
this is related to my relative.:-mother of 2married daughters died in 1999 leaving a WILL with 2Executors(1-died in 2001)where as the movables were divided amoung the 2heirs ;the immovable one is still to be divided/disposed off.by nomination the share certificate stands jointly in the name of 2heirs.they now wants to sell the ppty.whether they can do it legally without Probate?what is the procedure; % cour fees;STAMPDUTY;ETC&TIME REQUIRE TO GET THE ORDERS?WHETHER LAWYER'S SERVICES IS A MUST?ANY RELIEF FOR WOMEN? IT IS IN MAHARASHTRA.
muthusamy
04 June 2009 at 12:18
Two elder brothers of five brothers filed a partion suit against the three younger brothers. Among the three younger brothers two accepted for 1/5 the share of the suit property.The younget among the brothers stated that the property is not for partiton and there was a family arrangement which was already made between the brothers where as his statement was a false one and there is no documentary evidence to prove his statement.
The property is for the 5 brothers by the virtue of a will by the testator.
I hope that when the property is testatory , the family arrangement ,assuming that it is there, is not valid by law. If I am correct , you, learned lawers ,please provide the law for my statement to read it in high court argument.
Another point is one among the younger brother has stated that in the suit property some other propery too was included and he has no objection, if that property was removed from the suit property.
Unfortunately , the magistrate beleived his statement and dismissed the case for the reason that unnecessary properties were included.In reality, no such property was included in the suit property. The case is now in appeal with high court.
I hope that when a "will" is executed, the magistrate can ignore erraneous particulars in the 'will' and must give enough effforts to full fill the intention of the testator.
Please provide the laws necessary to put forward in the high court argument.
Ria Nath Puri
04 June 2009 at 11:52
Dear Sir's,
My grandfather purchased a plot under his name in 1980 but paid by my father ( In Cash). The amount to purchase the plot was borne thus; 90%- My father, 5% His Sister and 5% My father's Sister's Brother-in-law.
And my father being the youngest of 3 brothers and 1 sister took a loan and constructed a building housing 2 shops, a office and a hospital on the first and ground floor. The second and third being residences for his brothers, sisters and father.
The loan was paid off by my father on construction of the building. The bank refuses any documents.They claim to have handed over the documents but my father has never been to the Bank to take back the documents.The bank refuses to give in writing any document stating that they have either handed over the original document or misplaced it.
After my grandfather's demise 5 years back, the property card now reflects names of his sons and son-in-law.
How do start the process to get the relevant documents? We have no other property anywhere.My uncles are adamant that the whole place belongs to their father and hence even the hospital should be divided equally.
We don't wish to throw our own kins on the streets nor do we wish the same for us but its like having a pie but no teeth to have it and no good health to enjoy it.
Kindly advice.
Ria
TH
04 June 2009 at 10:38
Dear Sir,
A, a company has taken a commercial building on lease and in turn licensed it to company B along with support services/ infrastructural facilities. Company A & B have entered into a licence agreement for the support services.
My query is whether it is possible to change the licence agreement into a rental agreement between A & B?. The licence agreement does not mention the aspect of service tax on renting/ licencing of the commercial space. Is it possible to put a clause of rent in the license agreement?
deep
03 June 2009 at 16:47
Is is necessary to mention Carpet Area, Built up Area and Super Built up Area in Agrrement with Builder.
Builder is not mentioning Super Built up Area. Is there any problem for same ?
Suresh M N
03 June 2009 at 13:55
The property is in mother's name(4 brothers, 4 homes) and it is not divided and there is no WILL also done, but the elder brothers are forcefully occupying the house after breaking the locked house by taking help of local goons, the complaint is given to local police station, but there is no action taken. In this case what will be the next situation from police side and what steps can be taken by the mother?
hln
02 June 2009 at 14:38
My friend needs legal advice on gifting property.
He intends to gift his self-acquired property worth Rs.30 L to one of his acquaintance. He had fallen sick and no body turned up to look after him. One of his acquaintance came to his rescue. Served him and stood by him in times of crisis. Pleased with her guileless act, he intends to gift his self-acquired property to her. Is it legally acceptable?
His wife has deserted him and living separately from him for the last 20 years. However,she does not intend to join him nor has she accepted divorce.
He is bent on not giving her this self-acquired property. Is this possible from legal angle?
If so, what is the stamp duty involved for registering gift deed. Does it attract any tax. Kindly let me know to help him come out of his predicament.
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aprtment rstration under maharashtra aptmnt ownership act
there are 14 aptmnts. in a bldg.out of which 12purchased from developer on regrd.argmnt.for sale in 1992.the remainning 2 belongs to Landlady who got it in lieu of her open plot given to said developer on DEVELOPMENT AGRMNT.&irrivocable POA in 1990-91{both not regstrd}.also she dosnt have Agrmnt.of sale/sale deed{why nobody knows};but has POSSESSION LETTER. Every time we inquire about pendding regsrn.of apartmnt/s he is relactant &puts forward for"not having any sale deed by Landlady".we have told him that it is not our mistake but it is his+hers negligens for which others are suffering for last 14 yrs. SIR what are the legal option/s available to us under maha.aprtmnt ownership act/MOFA? kindly guide us.we are at Nashik;maharashtra.