Balbir Singh Chauhan
30 November 2009 at 11:38
one of my client has lost his sale deeds in year July 2004 and in fifteen days he lodged a DDR. Now he wants to take a loan from bank on the above sale deeds. He dont have the prior deeds. How can a bank create mortgage on the above sale deeds? Is there called a duplicate sale deed which is availble throught Revenue department and if yes wht is its authencity?
Geeta
30 November 2009 at 11:32
Hi,
My Grandmother had purchased a Flat in Mumbai and she had 2 sons out of which one of them is my father. Now she didn't make any WILL but she had filed the Nomination with the Co-op Society (Area: Goregaon in Mumbai). She died some 10 years ago. My Chacha (Dad's brother - Uncle) is not claiming to the property as he has 2 other properties with him and will for sure not do so. But after his (Uncle) death, I am scared that my Uncle's wife and children might claim over the share of the property. Please advise on how can I fight back that point of time if there is any claim from after my uncle dies. What are the options I have ? I have heard of the Law of Limitation whereby this can be time-barred but not sure if this is applicable here.
Thx,
Geeta
NARESH
30 November 2009 at 04:09
I am refering to Mr. Raj Kumar Makkad reply to my query on 8/11/09.
i am now confused.
My parents have got a flat in Mumbai which is non occupied. At the moment we are paying full building tax. Are we eligible for any concession on water charges or any other common expenditure.
I believe we have to share expense for security, lighting, garden, cleaning (common expenditure).
Should we paying for water chargesin full?
If yes, then how many members?
If no, would you be able to email me a copy of the Maharashtra state cooperative society by laws which apply to our situation.
Kind regards,
Naresh
I
ss
29 November 2009 at 22:27
During the year 1977 my Late father was allotted a plot measuring 220 Sq. yds in Delhi under East Pakistan Displaced Persons scheme by the govt. of India on leasehold basis. My father died 20 years back at the age of 47 years. This property was allotted to those displaced persons who came in India leaving behind their property. I would like to request you please clarify the following:-
1. Since father died intestate leaving behind four legal shareholders including widow mother, in these circumstances how the property will be distributed amongst four legal heirs.
2. Can widow mother sell her property during her life time to any one of the legal heir or outsiders or making a Will in favour of others.
3. What is the meaning of custodian of property. Whether my widow mother comes under this clause as per existing law. What are the actual rights of a widow lady on the property left behind by her husband. Please guide me on the above points keeping in view of above mentioned facts.
Anonymous
29 November 2009 at 19:50
I had signed an agreement for sale in July 2009 to buy a plot for Rs.18 lacks, and paid Rs.7 lacks as advance. I wanted to take home loan for the remaining amount. But, I am not getting loan because the schedule of the property mentioned in the agreement is not matching (on one side) physically. As I cannot buy it without loan, I want to withdraw from the agreement. Can I get back my money? If yes, will he pay interest for the period for which he had used my money? And is it possible to stop him from selling the property to some other person?
raju
29 November 2009 at 17:59
dear sir, we have a property in delhi which was allotted to my father and his brother after partion of india against the properties of my grandfather in pakistan. the monetery amount for resettlement given to my father and uncle by the ministry of urban development was in ratio of 30% of my father and 70% of my uncle.now both my dad and uncle have expired and now the inheritants of my uncle are asking for a 70% share even though they have never entered our house for last 40 years as they are residing out of delhi..this property lease papers clearly state that 'division of property is not allowed'..on my side we have 3 inheritants i.e my mother,sister and myself..on my uncles side its also 3 inheretants i.e one brother and 2 sisters..now we want a settlement on the ratio of half and half on this property on the basis that we have been the only resident of the stated property for almost 40 years..my cousin wants to settle in ratio of 60% for him and wants to give us only 40%....does he have any legal right to enter a house occupied by only my family since past 40 years on the basis of illegal or legal grounds.please advice accordingly.
ALSO I WOULD LIKE TO ASK THAT IF THE THINGS GO TO THE COURT THEN WHAT SORT OF CHANCES WE HAVE OF GETTING 50 PERCENT SHARE.ALSO WHAT CAN BE THE LEAST AMOUNT WE CAN CLAIM FOR OURSELVES ON THE BASIS OF THE FACT WE HAVE OCCUPIED THE PROPERTY AND MAINTAINED IT FOR 40 YEARS,PAID ALL THE TAXES ETC..ALSO THAT ON EACH SIDE OF THIS ANCESTRAL PROPERTY WE HAVE 3 INHERITERS EACH.THAT MEANS FROM MY SIDE WE HAVE MY MOTHER,MY SISTER AND MYSELF AND ON MY UNCLES SIDE THERE ARE ONE SON AND TWO DAUGHTERS AS THEIR MOTHER HAS EXPIRED TOO.DO U THINK IF MY COUSIN DOES NOT AGREE ON 50:50 RATIO OUT OF THE COURT SETTLEMENT THEN SHOULD WE GO TO THE COURT OURSELF.BASICALLY I STILL WOULD LIKE TO KNOW WHO STANDS A BETTER CHANCE IN THE COURT AND THE DECISION WOULD FAVOUR WHOM. ALSO ONE LAST THING IS HOW CAN THE FATHERS AND UNCLES SHARE BE DISTRIBUTED AMONG THE INHERITORS ACCORDING TO INDIAN LAW..THANKS
Sabahat Sayed
29 November 2009 at 15:07
A father and a son both have a flat in their Joint Names i.e. both have signed a JOINT AGREEMENT. The maintainence receipt comes in fathers name only.But, the son is not aware whether the SHARE CERTIFICATE issued to them from their society does bear his name with his father jointly or the share certificate has his fathers name only on it.
At present the son is residing seperately from his father because there are some disputes going on between the father and son, the son wants to know whether can the father sell the said flat alone without knowledge of the son and without any share to son? Asking for urgent reply.. Thanx
aisha
29 November 2009 at 12:35
Thans for your valuable time.
Furthe details are :
My husband is the seller and rented out the flat. I had lend money from my brother n sis and given full consideration amt to my husband. Yes sale agreement is registered where rs 5 lac is given to him in agreement and he is bound to transfer in my name after reciving the full consideration and after march 2006 as per the society rule (this is the part of agreement). And we have executed other reciept of Rs 20 Lacs in dec 2005 and also said in the reicpt that he has handed over the possesion to me . After this i get done woodwork n interior of the said flat.I comleted my part of the contract but he failed to do so.
I have alredy taken stay on the flat and filed case to order him to transfer flat to me and hadover the possessiont to me which has been taken forcefully and its taking long 4yrs and still pending.
But he is enjoying the rent and living with other woman. we are not divorced and i dont have house to live and he is not maitaining me properly.
Plz advice accordingly now?????????
Can i get benefit of the rent?
Is there anyway i get possetion as he has forcefully entered as keys are with me only ?
I know its going to take long may be supereme court and i dont have house to live and my husband is not maintaing me properly living with other women can i claim live in that flat
ss
29 November 2009 at 01:31
A plot measuring 160sq.yrds. was allotted to my late father under the East Pakistan Displaced Persons Scheme in Delhi against Category (b) of Note 1 under para (v) in the Press Note dt.4.1.66 of Governemt of India,keeping in view of the land revenue receipt submitted by my late father indicating the property held by them in East Pakistan and certificate of bonafied displaced person from East Pakistan. The property is a leasehold property in the name of by late father. My late father had migrated from East Pakistan during Dec, 1948 at the age of 5 years. My father died during Dec, 90 living behind three legal heirs ( widow wife, two daughters) without making any will. The elder daughter has two children (minor). please advise on the following points:-
(i) can I claim three shares i.e myself, and my two minor children in the said property as in my view my children are entitled as the property acquired by late father was in lieu of the property they had in East Pakistan earned by my ancestors in East Pakistan.
(ii) can my father make a will on a property which was in lieu of the property in East Pakistan and not earned by him. As per condition laid down in the lease that the lessee shall not sell, transfer, assign or otherwise part with the possession of the whole or any part of the said land of building thereon with the previous consent in writing of the lessor i.e Govt. of India.
(iii)can other brother and sisters of my late father and their siblings have a claim in the said property or legally entitled to file partition suit.
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APPLICABILITY OF GIFT TAX
MRS. A IS HAVING IMMOVEABLE PROPERTY REGISTERED IN HER SINGLE NAME. SHE NOW WANTS TO ADD THE NAME OF HER FATHER IN THE AGREEMENT FOR 50% OF THE SAID PROPERTY. FOLLWOING QUERIES ARE RAISED :-
(1) whether gift tax will be applicable or not?
(2) whether a fresh Agreement will be required to be executed and what about the stamp duty on the new agreement?
(3) any other query connected with the above matter may kindly be specified.
Writer of the query is seeking your valuable guidance.
P.R. DHRUVA