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Our Apartment is wide apartment with 11 flats on every floor (4 floors). Builder has left a minor landscape ( less than 750-800 sq ft approx) in between for no use ( initially planted gardens but now removed ) it !!! But lately children’s are creating a huge nuisance, noisy , playing football and complete chaos for ground floor residents especially to me not allowing to sleep during afternoon hours or evening hours or weekends or holidays ..etc ... Home is supposed to be a place to have a quite relax place but this has become very noisy ...i cannot sleep , cant work from home , cant attend office work , office conference calls nothing because the noise level is so much .... it has taken a hell lot out of me..... first of all , i checked with the builder and they said this place is suppose to be a garden area with flowers nothing else not any playground for kids .... Kindly help and suggest how to stop this mess
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A. Dear Sir, It is treated as a petty case under Police Act. You may approach police, local authority like Municipality and also a Civil Court and get appropriate directions to the parents of children to stop such nuisance. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore

Anonymous

Posted 3 days ago

My brothers and I just finished a complicated family partition. On the official document, I am now the sole owner of the family house, as my brothers got different properties during the partition. The issue is that I want to have the family home for myself but one brother refuses to move out , saying it's the family house. But I am now the sole owner for the past 2weeks. Please advise if I am legally allowed to get rid of him, as the home is now my property?. Thanks for your advice. Ashokil
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A. Dear Sir, You may file partition suit and get resolve among yourself amicably. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
I have a grandfather property in bareilly uttar pradesh who got a will registered .He had three sons but he did not give powers to sell their share and put up a clause that the grandsons would be the absolute owners of their said shares and they can only sell their share with the conditions that if any one of them wants to sell it he has to ask the other two if they want to buy it in writing and in case none wants to buy then he can sell it to any outsider...All his sons are dead and so are the grandsons except me who is the youngest among all of them..A stay order since 1998 was granted by the court and its still in force barring two of us to sell or mortgage the said property In the year 2006 I gave a part possession to a property dealer who payed me few lakhs and got a registered power of attorney made in his name to sell my share ..Unfortunately even after 20 years have passed and the suit is still going on with the stay My question is as under -- 1.The registered power of attorney made on a stamp paper of Rs,20 in Kiccha Uttranchal in 2006 when the stay was in force and the court proceedings were going on ..In such a situation can the person who was given the power of attorney can sell the land by means of registry or making agreement of sale in someone else name? 2. Does that power of attorney valid during the pendency of the suit with a stay order ..? is that document invalid as per law ? 3 As the power of attorney is revokable can I also revoke it through the court ? do I have to send the buyer some sort of notice to appear in court ..? what can be best done in that ? thank you
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A. Dear Sir. Sale through Power of Attorney is banned by Supreme Court as per following judgment ==================================================================================No property sale on power of attorney: Supreme Court Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer. In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovableproperty sales is not a valid form of transfer of property. A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds. "A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA. The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people. • Flat sold by builder to third party whem my Agreement to sale was valid I had executed a Agreement to sale on one flat at Agra U.P. in (date) with a validity of 15 months ,after 15 months the builder with mutual consent and reason that the the construction work is not over renewed it for another 12 months upto (date),again with the same reason it sought and extension of another 6 months of agreement to sale which was made and agreement to sale was extended upto (date). After this we issued a notice to the builder and on reply to notice the builder through its legal counsel sought again time upto (date).Subsequently again a notice was given on (date) to execute the sale deed but the builder again replied by letter and sought extension upto (date) with the same reason that flats are incomplete.After (date) the builder is untraceable and recently he was arrested on forgery charges and currently in jail.On enquiry I came to know that the builder sold my flat that was having valid agreement to sale to third party with sale deed date.During this period my agreement to sale was valid but now builder is in jail what is the legal remedy and the party having sale deed has occupied the flat .now what is the legal remedy me to get my flat back. Section 53A in The Transfer of Property Act, 1[53A. Part performance.—Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty, and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that 2[***] where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract: Provided that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or of the part performance thereof.] +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Sec 202 of Indian contract act says irrevocable GPA cannot be cancelled as it is executed for consideration. Section 202 in The Indian Contract Act, 1872 202. Termination of agency, where agent has an interest in subject-matter.—Where the agent has himself an interest in the property which forms the subject-matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest. —Where the agent has himself an interest in the property which forms the subject-matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest." Illustrations (a) A gives authority to B to sell A’s land, and to pay himself, out of the proceeds, the debts due to him from A. A cannot revoke this authority, nor can it be terminated by his insanity or death. (a) A gives authority to B to sell A’s land, and to pay himself, out of the proceeds, the debts due to him from A. A cannot revoke this authority, nor can it be terminated by his insanity or death." (b) A consigns 1,000 bales of cotton to B, who has made advances to him on such cotton, and desires B to sell the cotton, and to repay himself out of the price the amount of his own advances. A cannot revoke this authority, nor is it terminated by his insanity or death. (b) A consigns 1,000 bales of cotton to B, who has made advances to him on such cotton, and desires B to sell the cotton, and to repay himself out of the price the amount of his own advances. A cannot revoke this authority, nor is it terminated by his insanity or death." ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Govt tightens power of attorney rules CHENNAI: The Tamil Nadu registration department has tightened the noose around realtors using power of attorney (POA) for fraudulent land deals. Power of attorney authorizes a person to carry out transactions or act legally on behalf of another. Under the new rules, a power of attorney holder seeking to carry out a land transaction will have to provide documentary evidence to the sub-registrar to prove that the principal, the person who issued the power of attorney, is alive. The principal has to obtain a "live" certificate with his photograph affixed to it from a registered medical practitioner or a gazetted officer. These certificates are valid for 30 days. As per a recent order of the inspector general of registration, the new rules are applicable to all POAs registered from February 4. By law, POA is not valid once the principal dies. Section 34 of Tamil Nadu Registration Act says it is the duty of the sub-registrar to ascertain whether the POA holder has the right to execute a transaction on behalf of the principal. But sub-registrars register property documents without bothering to verify whether the principals were alive. "In Tamil Nadu, where a large number of land transactions are carried out on the basis of POAs to circumvent payment of stamp duty and registration fees. Many instances have been reported of POA holders selling land after the death of the principal. Buyers get into trouble when legal heirs of the principal claim rights over the property. Such cases end up in protracted legal battles and ultimately the sale deeds are declared invalid," said a senior official. There have been instances of people impersonating land owners and executing fraudulent POAs. In one case, land worth 9 crore on Venkatnarayana Road was sold to a business group based on a POA, reportedly executed by the land owner in 2008. Legal heirs of the land owner subsequently filed a case of forgery against the business group, brokers and others involved in the deal as the owner had died 28 years earlier. When police refused to take prompt action, the owners moved the court. As per law, the principal also has the right to rescind a POA. "If there is a mention of a consideration (amount) in the POA, the holder can claim that money through legal means. But he cannot claim rights over the property once the POA is rescinded or the principal dies," said the official. In 2010-11, more than 3.75 lakh POAs were registered across Tamil Nadu for property-related transactions. The number came down to 1.8 lakh last year. It is going up again this year, said the official. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore

Anonymous

Posted 3 days ago

A have three sons and one daughter. A made will by which all property is to go to wife of A. After death of A, the property was transfered to wife of A say B. Can B make the will and transfer the same property received by her from her husband to anybody as per her wish and will ? (She wishes to give the equal property to only one daughter and one son. Is she can do so ?
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A. Dear Sir, B became absolute owner of property acquired by her under legal document that is a registered Will. B can execute Will in favour of anybody without any trouble. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore

Pelluri VLKPrasad

Posted 3 days ago

I want to explain personally
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A. Dear Sir, You may visit my office by treating my address from the administrators of this Website. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Hello I got married last year in April .and from last five months my husband didn't come at my house to take back with him.on 10 December 2018 I came with my husband at my mayeke just to stay for seven eight days.but as he left me at my house after few days he fight with me on phone due to some issues and after that he never come .I called many times to my husband that please come and take me,but he never answered.now I want legal advice on this matter that how I proceed further as I am very confused . please reply me as soon as possible.i will be very thankful to you.
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A. Dear Madam, You may immediately file DV case seeking following reliefs: ======================================================================== PRAYER HENCE THE APPLICANT HUMBLY PRAYS 1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent, 2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-. 3. Pass orders u/s 18, in totality against Respondent1 to 3, 4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children. 5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited, 6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition. 7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act, 8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
I Am Male with Age of 36 Years . We have a Flat in Mumbai . The Owners of this House are A (50% ) & B ( 50% ) . A is my Grandmother & B is my Uncle . Both the Owners are alive. I also have One Brother. How Do i make the 100 % Ownership of this Flat in my Name.
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A. Dear Sir, Ask both of them to transfer the property in your name then you will become owner of entire property. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Sir, We six friends has purcahed plot in 2012 in scheme and deposited payment through EMI by checque and On line .But meantime i have been transferred from Ahmenadabad to Bangalore and builder was earlier telling he will do registration now he is not picking phone. Please advise legal options , can i file FIR against builder
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A. Dear Sir, You may get file Civil Suit for declaration and thus it will be declared that you are the owners of the property lodging of FIR does not give ownership to you. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
In My marriage certificate, there are spelling errors in wife's name and my name also. Can we correct this in marriage certificate, and if yes, then what is the process?
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A. Dear Sir, It's a simple process, get a gazette ready which should not cost you more than 1000 Rs including paper ads. They will ask only your marriage certificate. If that is not there an Affidavit with Marriage card copy. 1 month max u will get a gazette. Then submit the gazette in Pan Card n Aadhar Centres. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore

Anonymous

Posted 3 days ago

I was lived from age 12 to upto date(now im 26) with my aunty. She dont have child but they care like own child. Now both aunty and uncle was expired in an accident. How can i prove that they are my guardian legally.? Plz help me....
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A. Dear Sir, You may file a civil suit and get declaration that you are the adopted son of them or there are your guardian. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore

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