Anonymous
21 February 2010 at 21:24
ON MY FOLLOWING QUERY I HAVE RECEIVED ANSWER THAT: BEING A TENANT FOR LONG TIME WILL NOT GIVE ANY RIGHT. IS THIS TRUE IN CASE OF MAHARASHTRA.
We are tenant since 1977. Since last 12 years the landlord is not paying any taxes or doing any repair work. we are paying the taxes [corporation property tax] since last 12 years. Now the people from the corporation has suggested us to be "BHOGAVTADAR" [MARATHI WORD]so that the bill will be issued in your name directly. Is this legal? should we do this?
At present the premises is not in used. we are regularly paying the rent to the heirs of landlord [who has expired] and also receiving receipt of the same. the premises is very old of stone is mud mortar with A.C. sheet roofing. the repair work will cost more. Is will be economical to build new one. The landlord is not ready to give it to the builder. There is other tenant also on ground floor. One shop is in closed position since 1977.
Can we loose our tenancy right as we are not using the premises? We cannot carryout the office work in present condition of the office. AT PRESENT THE PREMISES IS LOCKED.
Arati Gawde
21 February 2010 at 20:41
What point must be require in any kind of Development Agreement?
raju
21 February 2010 at 19:16
i buy flat on ground floor 700 sq feet but on ground floor balcony is not shown on sanctioned plan but i requiested to builder to construct otta / balcony after that area is increased by 30 sq feet builder write total room sizes with otta / balcony size in agreement for sale is 730 sq feet. builder construct otta & handover the flat to me after that i fixes grill on otta / balcony & included in flat & used from 1year. but after that my differences is creat with builder on maintenance amount . can i take actioned against on builder in consumer court for providing & constructing otta / balcony .
maintenance charge is same to all flat.one clause of agreement is "the area of said premises agreed to be purchased by the flat purchaser is on the basis of built up area, the calculation of the built up area includes full thickness of the internal & external walls, passages, toilets, staircases&/or any other area used as an amenity to the said building such as balcony, meter room.the area of flat under agreement is thus calculated to be 730 sq feet which the flat purchaser has ascertained,confirmed & the flate purchaser shall not be entitled to dispute the area so confirmed for whatever reason.
Anonymous
21 February 2010 at 18:46
RESPECTED SIR,
I HAVE A LAND, THE TITLE IS ON MY NAME, MY YOUNGER SISTER AND MY MOTHER AFTER MY FATHER (ASHOK PAWAR) DIED IN APRIL 1992, THE LAND WAS PURCHASED BY MY FATHERS (GRANDFATHER AND HIS 10 PARTNERS) IN THE YEAR 1942 WITH A SHARE OF (1/11), AFTER THAT OUT OF 10 PARTNRES MY FATHERS GRANDFATHER AQUIRED SHARE OF SIX PARTNERS IN 1942 AND LEGALLY BECAME THE OWNER IN 1968 WITH A SHARE OF (1/7), IN THE YEAR 1968 MY FATHERS GRANDFATHER PURCHASED THE REMAINING SHARE OF 4 PARTNERS ON MY FATHER NAME (AGE 21), THE SELL DID WAS REGISTERED ON MY FATHERS NAME AND CLEARLY MENTIONED THE AMOUNT WAS PAID BY MY FATHER, AFTER THAT MY FATHERS GRANDFATHER TRANSFERED HIS OWN SHARE (1/7) TO MY FATHER NAME SO THAT THE WHOLE LAND BELONGES TO MY FATHER LEGALLY ON 7/12.
IN BETWEEN 1962 MY FATHERS GRANDFATHER MADE A WILL AND MENTIONED A SHARE OF (1/11) TO MY FATHERS FATHER, AFTER THAT HE AGAIN MADE A WILL IN 1966 WITH THE SAME SHARE OF (1/11) TO MY FATHERS ELDER BROTHER AND FINALLY HE TRANSFERED IT TO MY FAHTER IN 1968 WITH THE SHARE OF (1/7) AS MENTIONED ABOVE AND DIED IN 1972.
AFTER THAT IN 1974 AS MY FATHER WAS NOT MARRIED THERE WAS A DISPUTE IN THE FAMILY REGARDING THE WILL(1966) MADE BY MY FATHERS GRANDFATHER, IT WAS DECIEDED THAT THE WILL WAS NOT TO BE EXECUTED AND A PARTITION DID WAS MADE IN BETWEEN THE FAMILY MEMBERS(GRAND FATHER AND MOTHER,6 BROTHER INCLUDING THREE MINORS) IN FRONT OF THE COURT. IN THE PARTITION DID MY FATHER MENTIONED THAT THE ABOVE PROPERTY WAS PURCHASED BY HIS GRAND FATHER AND BELONGS TO HUF FAMILY AND WILL SHARE THE PROPERTY WITH HIS YOUNGER BROTHER (MY UNCLE).MY UNCLE ALSO HAD SOME OTHER PROPERTIES TO SHARE WITH OTHERS WHICH HE NEVER DID. THE PARTITION DID WAS DONE ON SIMPLE PAPER(NOT EXECUTED TILL DATE). NOW THE FAMILY MEMBERS HAVE FILED A SUITE AGAINST ME, MY MOTHER AND MY SISTER FOR A SHARE IN THE PROPERTY ON THE BASIS OF PARTITION DID.
AS ALL THE OTHER PROPERTIES R SELF AQUIRED AND SOME SOLD OUT MENTIONED IN THE PARTITION DID.
MY QUERY IS WHO IS THE ACTUAL OWNER
DOES IT BELONG TO HUF FAMILY OR CAN PARTITION DID BE EXECUTED AFTER 36 YEARS.
Anonymous
21 February 2010 at 17:01
We are tenant since 1977. Since last 12 years the landlord is not paying any taxes or doing any repair work. we are paying the taxes [corporation property tax] since last 12 years. Now the people from the corporation has suggested us to be "BHOGAVTADAR" [MARATHI WORD]so that the bill will be issued in your name directly. Is this legal? should we do this?
At present the premises is not in used. we are regularly paying the rent to the heirs of landlord [who has expired] and also receiving receipt of the same. the premises is very old of stone is mud mortar with A.C. sheet roofing. the repair work will cost more. Is will be economical to build new one. The landlord is not ready to give it to the builder. There is other tenant also on ground floor. One shop is in closed position since 1977.
Can we loose our tenancy right as we are not using the premises? We cannot carryout the office work in present condition of the office.
Clayton Mendonca
21 February 2010 at 15:54
1) A man had five sons. A Sale Deed was made in 2000, when this man was 92 years old whereby he is selling a plot with house to one of his sons with two of his other sons i.e. very close relatives as the two witnesses. The old man dies at the age of 93 years old in 2001. The market value of the plot at the time of Sale was Rs. 5 lakhs, while the Sale Deed was made for Rs. 1 lakh only.
2) The man had five sons. The remaining two sons were not aware of this Sale.
3) Recently the mother died in 2009 and this is when the remaining two sons came to know of this sale done in 2000. The current market value of the plot and house is Rs. 20 lakhs.
My query is:
1) Can the remaining two brothers now file a case in Court to declare this Sale as null and void based on the below facts?
i) The man was a totally illiterate person.
ii) He was 92 years old when he made the Sale Deed.
iii) The witnesses are very close relatives.
iv) The market value mentioned in the Sale Deed was 20 percent of the actual market value when the Sale was made.
v) The three brothers have colluded to disinherit the remaining two brothers of their share in their father's properties.
Thanks in advance.
Clayton M. B.Tech., IIT, Mumbai
Anonymous
21 February 2010 at 13:48
My mother was the owner of a flat in a housing society. She became the owner by virtue of being a nominee of my deceased father who was the original allottee of the flat. My mother died in 2002. I am the nominee for the flat now. I have two questions:
1. Is there a time limit for a nominee to apply for the trasnfer of the flat in his name? It has already been 8 years since her death, but i have not yet applied for the transfer.
2. As per the laws of the society, a member of the society (including spouse, dependent children)should not have acquired any property in the city. Prior to my mother's death in 1998, i had purchased a flat elsewhere and had disposed the flat using a GPA (since outright sale was not allowed). The purchaser of MY flat has yet not had the flat transferred in his name although a proper agreement to sell was executed. Now, I wish to have my mother's flat transferred to my name (since i am the nominee). Can the society now refuse to transfer the flat in my name, since i had earlier acquired another flat in my name? If so, who gets ownership of the flat. I only have one sister, who also owns her own flat.
Please guide. Thank you
Anonymous
21 February 2010 at 12:32
i buy flat on ground floor 700 sq feet but on ground floor balcony is not shown on sanctioned plan but i requiested to builder to construct otta / balcony after that area is increased by 30 sq feet builder write total room sizes with otta / balcony size in agreement for sale is 730 sq feet. builder construct otta & handover the flat to me after that i fixes grill on otta / balcony & used from 1year.but after that my differences is creat with builder on maintenance amount . can i take actioned against on builder in consumer court for providing & constructing otta / balcony .
Anonymous
21 February 2010 at 09:19
sir,
if there are partition in the property between two brothers and one of them want to sell his portion, does he requires to offer his brother first or he can sell it to third party?whether the other brother can exercise right of pre-emption?whether right of pre-emption or first offer applies only if it is specifically written in the partion deed or sale deed or else? if two brother has got their portion from their father through sale deed,whether it constitute the partion as well?any extra partition deed rquired or not?
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cosumer case against builder
i buy flat on ground floor 700 sq feet but on ground floor balcony is not shown on sanctioned plan but i requiested to builder to construct otta / balcony after that area is increased by 30 sq feet builder write total room sizes with otta / balcony size in agreement for sale is 730 sq feet. builder construct otta/balcony with three feet height masonary work with extra door to enter in otta/balcony & handover the flat to me after that i fixes grill on otta / balconies masonary work & included in flat & used from 1year. but after that my differences is creat with builder on maintenance amount . can i take actioned against on builder in consumer court for providing & constructing otta / balcony .
maintenance charge is same to all flat.one clause of agreement is "the area of said premises agreed to be purchased by the flat purchaser is on the basis of built up area, the calculation of the built up area includes full thickness of the internal & external walls, passages, toilets, staircases&/or any other area used as an amenity to the said building such as balcony, meter room.the area of flat under agreement is thus calculated to be 730 sq feet which the flat purchaser has ascertained,confirmed & the flate purchaser shall not be entitled to dispute the area so confirmed for whatever reason.