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Ramdas Menon

Posted 10 months ago

Sir I have recently purchased a villa on my name at Thrissur District and registration is already over. Myself and my wife is alone staying here and we have no kids. I wish to make my wife as co-owner of the property or to make a will on her name in order to avoid any legal implications in the future. So kindly let me know the procedure and best solution to do the same. Best Regards Ramdas k Menon

A. Dear client kindly go through any experienced lawyer for making will. Kindly not try to ad as co owner .
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ARPIT  BATRA
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GANESH  SHARMA
GANESH SHARMA Experience: 3 Year(s) Faridabad
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Sir, I wish to know the essential documents to check while purchasing a land from a private owner? And the main points in each documents to be Checked.

A. A local expert can help you a great deal.
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Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
Shanti Ranjan  Behera
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Should we make an affidavit or registry for partioning of land?

A. Dear Client,
It has to be done officially which means correction of land records,bother,trace,map,name,ownership, Recorded Tenant(RT) everything has to be changed and mere Affidavit will not serve any purpose.
Shanti Ranjan Behera,
Advocate
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Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
ARPIT  BATRA
ARPIT BATRA Experience: 11 Year(s) South Delhi
ARPIT  BATRA
ARPIT BATRA Experience: 11 Year(s) South Delhi
There are 6 owners of 15 thousand sq feet plot. Owners 1 to 5 are ready for partitioning of plot and owner no 6 disagrees for partioning of land. We 5 owners have decided to make an affidavit amongst 5 of us stating that we 5 owners have divided the plot as per our wish and each owner i.e 1 to 5 will get 2000 sqfeet area while owner no 6 will get 5000 sqft area. Now, my question is can we make an affidavit mentioning that we 5 owners have done the partition of plot as per above data and owner no. 6 does not available now to sign on the affidavit so we will mk another affidavit between me and owner no 6? Also can we make No objection certificate that in my share owners 2 to 5 do not have rights and I am the sole owner and owner no 6 is not available at the moment so I will make noc once he is available.

A. Dear Client,
You need to apply for partition in the Court of Law.
The Court will decide.
Shanti Ranjan Behera
Advocate
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Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
Rajender  Prasad
Rajender Prasad Experience: 5 Year(s) New Delhi
ARPIT  BATRA
ARPIT BATRA Experience: 11 Year(s) South Delhi
Dear experts, I'm purchasing an apartment in gurgaon in resale, and currently the property has tenants(bachelors) staying in it. They have rent agreement with current owner till May 2019(with minimum 6 months lock in period ending 31-12-2018, thereafter 1 month notice can be served by either tenant/owner to leave) 1. To safeguard my rights as buyer, I have asked for registry to happen on 2 Jan 19, i.e. post the minimum lockin period expires as owner says they will get tenant leave by 31 Dec, due to lockin period. But Im having doubts if tenants refuse to vacate stating its only minimum lock in period, and they will vacate only when 11 month lease expires(May 2019). 2. How do I safeguard my deal -- can I ask seller to take affidavit from tenant stating they will vacate by 31 Dec 18. OR have a copy of notice that owner sends to tenant to vacate the property by 31-Dec(take tenant's receiving on it). 3. Do I do Step2 above before giving token amount or before ATS takes place. 4. Any other better option you suggest, which is feasible and safeguards buyers interest in such cases. Highly appreciate point wise reply above from experts. Regards-NN

A. Dear client you can contact and go through expert vidhikarya lawyer for detail procedure and information.kindly contact with our lawyers for detail discussion
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Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
ARPIT  BATRA
ARPIT BATRA Experience: 11 Year(s) South Delhi
Hello experts, I'm facing open car parking allotment issue with my builder in Noida. Please note the following 1) Open car parking is indicated as "Included" in the Application Form / Booking Form filled by Investors Clinic. I booked the property through Investors Clinic (IC). Builder is now saying IC made false promises and the builder can't be held responsible 2) Builder Buyer agreement doesn't have a mention of car parking. It is not even mentioned in the break up of prices. One clause says this - The allottee agrees that the reserved covered/open parking space(s) allotted to him/her for exclusive use shall be understood to be together with the said Unit and the same shall not have independent legal entity detached from the said Unit. The Allottee undertakes not to sell / transfer/ deal with the reserved covered/open parking space independent of the said unit. The Allottee undertakes to park his/her vehicle in the parking space allotted to him/her and not anywhere else in the said land. The Allottee agrees that all such reserved car parking spaces allotted to the occupants of the said Project shall not form part of the common areas and facilities of the said unit. But, I guess this is a standard clause for the builder 3) Property is now registered (with no mention of car parking) with Noida Authority The builder is not even issuing Car Parking Stickers and at times, threatened the tenant ( I have rented out the flat) to get the stickers. I can't get the stickers because as per builder I don't have car parking. The builder now threatens to not to allow the tenant's car into society premises. I spoke to the builder and he mentioned that no open car parking space is now available and hence, we can't give you open parking space. There are only 200 families staying there, but has around 800 flats. I think the builder is playing games. He offered me to take covered car parking, which I denied as it was very expensive My question to experts: 1) Should I file a case against the builder? (On the basis of Application form, which mentions car parking; Builder says it is not a legal document and I will lose the case on first hearing). Can anyone please also tell me what are the chances of winning the case. 2) Where should I file the case - Consumer Forum or an Injunction Suit in Civil Court, Noida. One of the residents told me to go for the Civil Court. I'm not sure about his advice as he is no legal expert 3)Can you please share your contact details, so that I can contact, if required.

A. you need to lodge a complaint with RERA. You have take up the issue with a local Lawyer from the panel of Vidhikarya for all aspects of the issue quickly.
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TRUST  CHAMBERS  OF LAW
TRUST CHAMBERS OF LAW Experience: 18 Year(s) New Delhi
ARPIT  BATRA
ARPIT BATRA Experience: 11 Year(s) South Delhi
TRUST  CHAMBERS  OF LAW
TRUST CHAMBERS OF LAW Experience: 18 Year(s) New Delhi
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Anonymous

Posted 11 months ago

Kindly tell me about Sec 13 and 14 of Transfer of Property Act and Sec 113 of Indian Succession Act on the Rule against Perpetuity and how it affects the rights of an unborn person where no absolute rights were vested in the Settlement Deed to the unborn person?.. Thank you

A. Kindly engage a local experienced lawyer for the same.
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Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
Shanti Ranjan  Behera
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
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Anonymous

Posted 11 months ago

I purchased an apartment flat a couple of years ago but the lift is still not installed and the builder is absconding..I am in touch with the landlord, is he also responsible for the lift and can I proceed legally against the landlord? Please advise

A. Dear client kindly file complaint into court under RERA.if there is agreement and it well mentioned about lift then don't waste time to get resolution
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ARPIT  BATRA
ARPIT BATRA Experience: 11 Year(s) South Delhi
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
Respected Sir/Madam, Very Good Morning! I have trusted a Sales Manager who recently became friend and booked a Flat in Apartment where he is marketing one of their projects. I paid blindly 15% of Flat by trusting as he said is legally good and 60 flats sold. After suggestion from few of my friends, who scolded me and asked me to take legal opinion, I took legal docs from the sales manager and gave it to a known Lawyer to verify them if everything is fine. The lawyer’s opinion on property shocked me that this is not a good property and illegal based on following points attached to legal documents. 1. This property was a granted land by government for SC/ST which cannot be bought even after 1000 generations because as per Indian Law they can take this property back at any time without any compensation to the purchaser / multiple purchasers 2. Court Order Copy provided by Legal officer on behalf of Builder/owner of property with Judgement in year 1996 is not a permanent solution and may have legal issues in future. Lawyer stated that it clearly shows that SC/ST People who sold their land in year 1968 and after the Amendment act came into LAW in 1978, the same SC/ST people have approached court immediately in year 1979 saying that they are the real owners of the property which court has passed the judgement that this act is not applicable due to SC/ST people sold it before the 1978 Amendment act came into LAW. The present purchased owners and SC/ST people have to bear their own costs and 1978 ACT is not applicable to this property. 3. PTCL Provided by Government is Temporary but not a permanent solution and may have issues in future. I am a middle class person at age of 40 and this is my first property that I am buying after pooling my money for six years and gave whole money (15%) of the property cost. 1. I am fine to purchase this property if it’s legal; else I want to cancel the agreement. 2. Builder has mentioned that he is going to take/charge 10% of Total cost of flat if I am planning to cancel the agreement which I will be losing my hard earned six years money. 3. Which department in this government proves me that this property is legal to buy? 4. What is the solution to get my money back if I cancel the agreement? ================= Mistakes done by me ================= 1. Trusting a new person foolishly and making an agreement of buying the flat directly 2. Paying amount to buy without a legal advice 3. Spending sleepless nights with tension thinking how to get my money back I request a genuine Lawyer to respond back on this. I am fine to provide the legal docs provided by builder. With Best Regards Kumar

A. Dear client kindly provide more documents to let us look into your case in depth and provide solutions
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ARPIT  BATRA
ARPIT BATRA Experience: 11 Year(s) South Delhi
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Rajender  Prasad
Rajender Prasad Experience: 5 Year(s) New Delhi
Hi, My in-law got separated legally in 2014 during that she has given only 7lakhs as a alimony by that my wife and her sister were married and in order copy no compensation is given for daughters. After the divorce my father in law married another divorcee who had a 15year boy from her first husband. My father in law dies after one year of second marriage at intersate. Within one month his second wife changes all the property to her name without my wife'and her sister knowledge for sale. Upon asking she is saying there is no rule to give them the share as her mother had Divorced. Please suggest the law and any citations on this.

A. Dear client kindly file suit for partition and try to go through experienced lawyer
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