Clayton Mendonca
01 March 2010 at 15:05
1) Flat (not inherited) in Mumbai was in joint name of Christian father and mother.
2) Father died intestate leaving behind mother, son and daughter.
3) Registration of flat costing Rupees ten lakhs still in the names of father and mother.
4) Mother wants to give the flat to her son completely and absolutely immediately.
5) Daughter wants to give her legal share in the flat to her brother unconditionally without any consideration.
What is the cheapest and best option...settlement deed, release deed, partition deed, etc.? The expense to complete the above should be the cheapest as both the mother and daughter are willing to put the flat in the son's name immediately and unconditionally without any considerations.
Thanks in advance.
VENKATESHA
28 February 2010 at 22:21
unauthorized person has put a compound wall in my vacant residential site in bangalore and put the board THIS PROPERTY BELONGS to babu. The children of sellers (some alive and some dead) are threatening me to pay them 50% of the Market price and not allowing to construct or sell the plot. HOW SHOULD I PROTECT THE PROPERTY AND ENSURE SMOOTH SALE TO THE PROPOSED BUYER
Arati Gawde
27 February 2010 at 23:00
Is it possible that Construction Agreement can be convert into Development Agreement? If yes, what is procedure of that? Is there any case law for the same?
Anonymous
27 February 2010 at 19:38
MY GRANDFATHER DIED WITHOUT WILL LEAVING BEHIND TWO SONS AND A FLAT.
MY FATHER IS ALSO NO MORE NOW. HE ALSO DIED WITHOUT WILL LEAVING MY MOTHER , ME [SON] AND A MARRIED DAUGHTER.
NOW WE ARE SELLING THE FLAT [GRANDFATHERS].
THE BUYERS LAWYER SAYS THAT ONLY MY UNCLES NAME AND MY MOTHERS NAME WILL BE MENTIONED IN SALE DEED AND AMOUNT WILL ALSO BE PAID IN THEIR NAMES ONLY.
we [myself and sister(marrried)] are ok with this.
BUT IS THIS LEGALLY OK ALSO FROM TAXATION POINT OF VIEW.
PLEASE GUIDE
virendra singh
27 February 2010 at 19:09
Need your esteemed suggestions on my undermentioned property dispute.
my grandfather purchased a piece of land in 1980. before 10 months of his purchasing.. one another person gave token money for the same piece of land and draft an agreement stating that he will give rest of the money and make the registry of the land within 7 days of the agreement. but he failed to do so. my grand father after 10 months of that agreement and made the registry of that property, we are also having the possession of that land. before 2 years that person filed a case against the seller, which he won 1 sidely..becouse the seller didnot present in the court. now we filed a case against both the parties ie. seller and another person claiming for that land.
will you please help me out in this matter...that what should i do to save my property.
waiting for your esteemed replies.
thanks & regards
Mahendra
27 February 2010 at 11:02
We stay at thane in a 277 square feet Building (pagody system a two floor appt) which belongs to my grandfather (as per municipality record)
My grand father has three sons
A, B, C
C is my father; we stay there since past thirty years .my other two uncles (A&B) stays separately since last thirty years
We are paying rent (we get receipt on out grand father’s name) since last thirty years,
My grandfather died in 2001 & since we had not changed any record in municipality.
Apparently our family stays there since a very long period & we are the real owner of the property
The said property has been demolished by all tenants because it was declared as dangerous by municipality.
Now we all tenants are trying to develop a new apartment & now my questions is
1)My older uncle is demanding something from the property can he do so ?What we can do to prevent him interfering in our property?
2) can we legally put our( My fathers) name in municipality records as against our grand father considering our very long stay in the Building? It means they had given up their claim by passing of three decades & now how can they demand now?
Please suggest
ramani
27 February 2010 at 10:34
My father is a memeber of a plot purcahe type society of 19 members owning small medium and large flats.
This one of the (maybe only) societies that apportions repairs and maintenence expenses on all common areas like compund, terrace,landings .passages,pump room,compound wall etc on equal sharing basis .In almost all societies the sharing is on area basis except the common service charges.
The society is going for redevelopment wherin now one smaller flat holder is asking for equal sharing in additional FSI benefits by way of his having contributed to the expenses equally and also the fact that even in future he will have to share the burden for expenses in same way for maybe double the number of flats that may come up for the rest of the life of building.
Is his contenetion right. The byelaws and MCS Act 1960 are silent on same.
Whilst the Dy Registrar in 1990 gave an opinion on the request of larger falt owners that the expenses are to be shared, now he states that the smaller flat owner has to approach appropriate forum.
an anyone advice or is there any judgements?
Please advice
AwMeAbN
27 February 2010 at 00:27
I have a partition application pending with the DRO for a common piece of land to be partioned between 3 shareholders.
I had requested for a stay against construction and sale of the land till it is not partitioned as the respondents are not very eager to have the land partitioned but eager to grab it by hook or crook.
As per the revenue officer, he is not empowered to provide the same.
However, i would like to know what is the best possible way to prevent a possible sale of the land or any contruction on it without it being partitioned.
1. I do not want to go to the civil court as that would prevent me from getting any police assistance if the need be.
2. Is there any way i can get a note on the Jamabandi regarding the pending partition proceeding. The Patwari is reluctant to help, so i need to know of a formal procedure that i can initiate.
3. What are the other ways in which the stay on the property can be obtained ?
nishad
26 February 2010 at 20:47
Hi All,
Can a leasehold rights be equitably mortgaged? A leasehold given for a period of 30 yrs to a trust and the trust needs to avail a loan from the bank.
Please advise how has to create EM in favour of the bank?
1.The original owner
2.The leasee since the period of lease os for 30 years
3.The original owner and Leasee jointly since both have interest in the property
Please advise
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land donated at age of minority
a land was donated to a society at the age of 14 in south delhi.isnt it under contact act void ab initio and is invalid and can be validated only by a new contract