Property law - vendor sells a property
Property law - vendor sells a property
A vendor sells a property to a vendee on the condition that vendee will only get a life interest. Decide whether the transfer is valid. And what section of transfer of property act applies here?
2 years ago
A. Dear Client
This is a conditional transfer and is valid according to section 31 of Transfer of Property Act. Conditional Transfer means a transfer that is dependent on a condition attached to it. That is when the vesting of an interest created by a transfer depends on the fulfilment or non-fulfilment of a condition, it is said to be a conditional transfer. Section 31 of the Transfer of Property Act, 1882 states that any transfer where the condition of happening of an event or not happening of an ...ReadMore
Property distribution - We are three brothers
We are three brothers and mother father died 2004 W have one home and 5 bigha land in gujarat village. All property vadiloparjit proprity but Brother do not divide us what to do In land there is 3
2 years ago
A. Dear Client
According to the information provided by you, you can file a suit for partition and get the land ex-parte. The partition deed is required to be registered at the office of the sub-registrar of the place where the property is situated as in case of any other registration. The stamp duty payable in such a case is Rs 1,000 for each share of the property. Further, the registration fee will be Rs 500.
Thanks
Regards
Existing Tenant not vacating my shop.
I have purchased a shop in jan 2022 at vasai. When i purchased a shop it was already on rent and previous shop owner has register agreement of 5 years with tenant for shop rent from which now 2 years
2 years ago
A. Dear Client,
The tenant has the right to continue for 5 years as the license says so. So you cannot remove him without his will.
Thank You
Anupam Shandilya
Letter of Administration granted to all legal heirs, no will left by my father
We three brothers have been granted letter of administration after my fathers death for his flat. My father did not make any will. Now we are confused whether to transfer the flat in the name of all
2 years ago
A. Dear Client
Letters of Administration is a certification from Court and allows the administrator to administer property of deceased. Letter of administration is sufficient for transfer of flat. You can directly transfer the property to your younger brother by a gift deed.
Thanks
Regards
Subhashis Paul
Regarding property dispute - husband purchased flat
My husband purchased flat and my brother in law is co owner of the same flat my husband made him co owner as he promised to pay half of the loan amount but he didn't pay single amount of loan and the
2 years ago
A. Dear Client
Co-owners are jointly liable to repay the loan amount; a default by one applicant forces the other to discharge the liability. It could help to consult an experienced real property lawyer for help in identifying issues that can come up and providing sensible ways to resolve them when they do. The lawyer can document the agreement in writing.
A co-owner of a property can transfer a commercial property to any outsider without consent of the other owner. Even if it is an undivided share ...ReadMore
Shrish Malagi - house owned by three co-owners
Ground floor and first floor independent house owned by three co-owners. One of the co-owner locked first floor of house without consent of other co-owners. What legal action can be taken by other co-
2 years ago
A. Dear Client
If he is a co-owner of the property, then he must take the consent before locking it or must inform the other co-owners before doing so. You may talk to him first and even if he doesn't agree, you may proceed with the legal action by sending him a legal notice. You may visit a property lawyer for better guidance for the same.
Thanks
Regards
Subhashis Paul
Shareholders sold property without my knowledge
I'm a shareholder of a property, my others shareholders sold the property without my knowledge to a different person without offering me first. What steps should I take so that I can accuire the whole
2 years ago
A. Dear Client
Co-owners can sell their part without the consent of other co-owners. However, it solely depends upon what kind of property it is. Undivided or divided. In Undivided property, consent is required and in the other, the consent is not required.
Thanks
Regards
Subhashis Paul
Registration related - stamp duty but our registration is pending
We have our own house which we are staying since 15 plus years we have stamp duty but our registration is pending for sell our property society is asking for registration what should we do? Is there a
2 years ago
A. Dear Client,
In case there is a delay in registration, the applier may pray for an extension, but there will be a fine for the delay at 10-times the amount of the registration fees. The registration fee might extend up to 1% of the total value of property subject to a maximum of Rs 30, 000.
Thank You
Subhashis Paul
Property dispute - My grandfather died without any will
My grandfather died without any will. He had two daughter and son. After sometime my father and my uncle both died and then my grandmother also died after sometime without any will. Now my both aunt
2 years ago
A. Dear Client
According to Section 13 of Hindu Succession Act, after the death of your grandfather without making a will, the property will be distributed equally among the wife, sons and the daughters, i.e 1/4th share of each heir. After the death of your grandmother, without making a will, the property will firstly be distributed to her sons & daughters (1/4th share of her property) and in absence of them, to her relatives. However, if you are the only son then you and your mother will have equa ...ReadMore
Advocate Sinjari Bandyopadhyaya
Property issue -My father gave us a land
My father gave us a land (not registered) asking us to build a house and keep it yourself. We built a house and staying there for the past 14 years. Now they are asking back the land saying we didn't
2 years ago
A. Dear Client
When someone wants to claim ownership of land that's not theirs, it is called Adverse Possession. To claim Adverse Possession you would need to make an application to the Land Registry. The Land Registry have a strict set of criteria you must meet before you can claim land you do not own. Without registration, a buyer has no legal right over the property.
Thanks
Regards
