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Rights of son on ancestral land

Just wanted to know my rights as a son on ancestral land. My family including my mom living with me. Can I file a claim on ancestral land

  • 1 Answer
  • 274 Views
Asked at March 22, 2018
A947aaf71fb550999d61c398c78f0a222af6d797 Anil Panwar
last answered about 1 year ago
Questions related to buying of property with bank loan

Three months back I saw an independent house in Hyderabad to purchase. It has only ground floor. As I was fully dependent on the bank loan, I asked the owner to wait till the bank loan gets sanctioned. I gave them a token amount of Rs. 15 lakhs and had taken the Xerox copies of all the documents...

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Three months back I saw an independent house in Hyderabad to purchase. It has only ground floor. As I was fully dependent on the bank loan, I asked the owner to wait till the bank loan gets sanctioned. I gave them a token amount of Rs. 15 lakhs and had taken the Xerox copies of all the documents relating to the house. The owner also agreed to show me all the original documents whenever required ( I gave Rs. 9 lakhs through various modes of payments like bank transfers and cheques within a period of ten days and the remaining amount of Rs. 600000 was given by me by cash and took a receipt on a white paper and 100 rs bond paper from the owner for the entire amount of Rs. 1500000. I have also made an agreement of sale deed for a total consideration value of Rs. 6100000. I have mentioned in the agreement that I have given a token amount of Rs. 1500000 and the remaining amount would be given by me within 3 months OR at the time of registration. I have also mentioned in the Sale deed that as I am fully dependent on the bank loan for purchasing the property (house), and if I do not get the bank loan for ANY reason within the time period specified in the agreement, then the owner shall be liable for the refund of the full advance or the token amount received from me. I have tried the loan in three bank but I could not get the loan sanctioned as the legal paper of the house were not correct. OVERFLOW OF THE TITLE : The original owner of the property was Anasuya. She had purchased total plot of 240 Sq. Yrds from Satyanarayana in the year 1983 and had taken the building/construction plan for total 240 sq yrds from gram panchayat . She passed away in the year 2004 and her husband passed away in the year 2008 and her legal heirs were her two sons and three daughters. These two sons (Srinivas and Kankaiah) have partitioned the above said property through a registered partitioned deed (each having 120 sq yrds) without involving their sisters in the partitioned deed, in the year 2010. The original plan of their mother was agreed to be kept with Kankaiah as per the partition deed done between them. After the partition deed, the two sons have separated and constructed their own houses within their own area i.e. 120 sq yrds each, without applying the new construction plans for 120 sq yrds each, as they believe that if they have the original plan for 240 sq yrds then why would they apply for the new ones. In the year 2017 M. Srinivas (one of the son) has executed a GPA of the said property on his wife's name (Padma) by adding his two sisters as conscenting parties and executants in the AGPA. He also mentioned in the gpa that at the of the partition deed of the two brothers the sisters were not available, so now he is adding them as consenting parties to the agpa and he also mentioned that they have no objection in the above partition deed and they also mentioned that during the lifetime of their parents the two sisters were married and the amount was given to them in the form of sridhan and they have no objection to sell the share of Srinivas i.e. 120 sq yrds. This AGPA was registered. (In this registered AGPA the sign of one of the brothers Kankaiah was not obtained as he already executed a partition deed with his brother Srinivas). Now I have made an agreement of sale deed with Padma on Rs. 100 Bond paper with the above conditions mentioned with two witnesses and have taken a receipt of the token amount given to them which was attested by the signatures Padma and her husband Srinivas on every page. Questions. 1) I applied for a bank loan but the bank is asking for the legal heir certificate from M. Srinivas. But he is not ready to get it from the court. (He says that he executed agpa in place of the legal heir certificate and now he is not ready to get th legal heir certificate from the court). 2) The bank is asking from the building construction plan. But Srinivas says that his mother has already obtained the plan for 240 sq yrds and the brothers have just partitioned the property and now the new plans are not necessary. Till now Srinivas is still paying the property tax on his mother name ANASUYA 3) Now, due to these reasons I am unable to get the bank loan, will I be able to able to get back the entire token amiunt of Rs. 1500000 with the help of the agreement of sale deed and receipt of the token amount? If yes, then how can I recover my money back? What steps could I take? 4) If no, then can I take the signatures of all the legal heirs of Anasuya as witnesses or conscenting parties and execute a sale deed (my own money without bank loan )between me and Padma in order to avoid future complications? 5) Would the building plan of the new 120 sq yrds be required or will the old plan of total 240 sq yrds in the mothers name (Anasuya) work? As the bank is asking for the building plan, I asked Srinivas for the original plan but he says that the original plan is with his brother and his brother is not willing to give it to him. And the original plan was also for 240 sq yrds. 6) I have already informed Srinivas about the requirement of the documents by the bank for the loan in the second month itself. But since the specified period for the payment of the entire amount was three months he smartly said that he would get the documents and give it and finally streched this process for three months. Now he says that the time specified for payment in the agreement of sale deed .was three months and he wants the entire amount and does not care about the loan. However in the agreement of sale deed I clearly mentioned that , I have given a token amount of Rs. 1500000 and the remaining amount would be given by me within 3 months OR at the time of registration.

  • 2 Answers
  • 386 Views
5f2c0e93fd86927955514aac4cc6a060a28782be Prashant Konge
last answered about 1 year ago
NRI wanting to remove brother's name from family property since brother passed away

I am an NRI living in Australia. I have family property in India which is currently under mine, my mother and brother's name. Me and my mother want to remove my brother's name from the property as he passed away recently. What is the procedure for this? Thanks in advance.

  • 2 Answers
  • 332 Views
Asked at March 16, 2018
5f2c0e93fd86927955514aac4cc6a060a28782be Prashant Konge
last answered about 1 year ago
How to protect tenancy of 40 years when owners refusing to accept old rent

I am tenant in a commercial property hold by arya samaj mandir the members of the assiciation are not accepting my rent and asking for the increase in rent from 4000INR to 6000INR. The rent is pending for 9months because the members of the association are not accepting the rent. I am the tenant...

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I am tenant in a commercial property hold by arya samaj mandir the members of the assiciation are not accepting my rent and asking for the increase in rent from 4000INR to 6000INR. The rent is pending for 9months because the members of the association are not accepting the rent. I am the tenant at the property for more than 40yrs . Help me with the right thing to do in this respect

  • 2 Answers
  • 178 Views
Asked at March 11, 2018
Default avatar Suvajit Ghosh Dastidar
last answered about 1 year ago
Can buyers' relatives send money to the seller of property on behalf of the buyer?

My mother is selling her flat which is fully owned by her to a lady buyer. The lady buyer wants to buy the flat fully in her name. The buyer paid a token amount of 1 lac through cheque from her own bank a/c. She says that the remaining amount of consideration will be paid by her relatives (...

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My mother is selling her flat which is fully owned by her to a lady buyer. The lady buyer wants to buy the flat fully in her name. The buyer paid a token amount of 1 lac through cheque from her own bank a/c. She says that the remaining amount of consideration will be paid by her relatives ( brothers, mother, sister, cousin) on her behalf from the relatives' bank a/c to my mother's a/c. Can my mother who is the seller of the flat accept cheques coming from the buyer's relatives' a/c ? OR is it compulsory that the cheques have to move from buyer's a/c to sellers' a/c . Is this above mentioned situation a legally valid transaction in India?

  • 1 Answer
  • 292 Views
Asked at March 07, 2018
Default avatar Vijay Gangan
last answered over 1 year ago
payment before legal confirmation of flat in buyer's name

I am planning to buy a ready to move house in an apartment. The price has been negotiated with the seller. The seller has asked for 3 lakh token amount to confirm the deal post which only he will share the property documents for legal verification. We have also mutually agreed to put the receipt...

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I am planning to buy a ready to move house in an apartment. The price has been negotiated with the seller. The seller has asked for 3 lakh token amount to confirm the deal post which only he will share the property documents for legal verification. We have also mutually agreed to put the receipt of token money and agreement conditions on a Rs 100 stamp paper. Agreement condition basically defines timeline for remaining payment, penalty clauses to both parties incase anyone moves back from the deal etc My query: 1. Should I pay 3 lakh as token before legal confirmation? 2. If the Rs 100 stamp paper is good enough for making the contract or do i also get it notarised?

  • 2 Answers
  • 330 Views
Asked at March 06, 2018
Default avatar Vijay Gangan
last answered over 1 year ago
Common Wall demolish - Right of owner

Hi team, I am intending to demolish my own house and reconstruct it. I have a neighbor (shop) who shares a common wall with my house. The width of common wall is almost 1.5 feet and I am legally bound to get half of that. The issue is while I am demolishing the common wall, the other half is also...

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Hi team, I am intending to demolish my own house and reconstruct it. I have a neighbor (shop) who shares a common wall with my house. The width of common wall is almost 1.5 feet and I am legally bound to get half of that. The issue is while I am demolishing the common wall, the other half is also getting affected in the process and developing cracks. It has become extremely difficult to knock down the wall without affecting the other side. Inspite of several appeals and requests to my neighbor assuring him of repair in case of damage, he refuses to budge. No amount of persuasion seems working on him because of his adamant attitude. In this scenario, do I have an option to complain through Muncipal authorities (GHMC, Hyderabad) to force my neighbor to demolish the wall or entire structure (shop) as the construction is closed to 70 years of age. Citing reasons of safety and no proper maintenance can I file a complaint to bring down the shop? Please advice how do I proceed?

  • 1 Answer
  • 295 Views
Asked at February 27, 2018
Default avatar Ajit Hariram Lakhani
last answered over 1 year ago
demolition of house under what law

Does demolition of house by JCB comes under 436 Of IPC. If not then under which sec. will it come and what is it's punishment

  • 0 Answers
  • 98 Views
Asked at February 23, 2018
Builder Dispute on additional charges

On 18th Jan13 I booked a flat 1104(1085 sq ft) in Nicholas3, Supertech CZAR Suites Plot no. GH-02, Sector Omicron-1 Greater Noida Uttar Pradesh 201308. The possession date was 31st Mar15, but after delay of around 1.6 years on 20th Sep16 I got pre-possession letter & have been asked to pay...

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On 18th Jan13 I booked a flat 1104(1085 sq ft) in Nicholas3, Supertech CZAR Suites Plot no. GH-02, Sector Omicron-1 Greater Noida Uttar Pradesh 201308. The possession date was 31st Mar15, but after delay of around 1.6 years on 20th Sep16 I got pre-possession letter & have been asked to pay below components charge. Please brief me about details:- 1) Additional(farmer) compensation Charges @Rs.187.26/sqft. :- Its levied on the account due to farmers agitation in Greater Noida. As per court order money had to be paid to farmers so they asked builder to pay it. Here as per builder court had ordered to get money from buyer which has been imposed by GNIDA. Do we buyers have to pay this amount? And does this property land area also come under this. If it comes let me know what is the cost to be paid per sq ft as per order by court since as per Supertech they are charging Rs.187/sqft (refer attachement). 2) Labour welfare charge @Rs.20/sqft. :- Charges are those charges which are incurred by the company for the welfare of construction workers at its projects. This includes i.e education of their children, medical facilities, payment of statutory charges etc. Does this amount to be paid by buyer or builder. If to be paid by buyer then what is the amount to be paid & what should be the calculation. Will it be charged on per sq ft basis. 3) Water Connection Charge @Rs.25000/- :- Does this amount to be paid by buyer or builder. If to be paid by buyer what is the amount to be paid what should be the calculation. 4) Advance Maintenance Charge @2.5/sqft for 1 year:- Please let me what amount should be paid by buyer as Rs2.5/sqft is quite high and also does this needs to be paid for 1 year. 5) Escalation Charges:- It is mentioned in the agreement. But do buyer have to pay this amount irrespective of cost of steel, cement, fuel etc increased.

  • 0 Answers
  • 125 Views
Asked at February 23, 2018
RERA for delay in flat possession

I am Rahul Kshirsagar from Pune. I have booked flat in Pune on Jan 2011. As per agreement of sale possession date was December 2013. But still I haven't got possession. Project is ongoing project. Builder has registered his project under RERA ( Project Registration Number : P52100003342). In RERA...

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I am Rahul Kshirsagar from Pune. I have booked flat in Pune on Jan 2011. As per agreement of sale possession date was December 2013. But still I haven't got possession. Project is ongoing project. Builder has registered his project under RERA ( Project Registration Number : P52100003342). In RERA application builder has mentioned proposed date of completion is 31/12/2012 and revised proposed date of completion is 31/07/2019. Can I demand and get possession and compensation under RERA. Hope to hear from you. Thank you. Rahul Kshirsagar 

  • 1 Answer
  • 190 Views
Asked at February 19, 2018
Default avatar Sadanand Kalal
last answered over 1 year ago
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