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Gvsaikumar

Posted 1 day ago

Dear Sir, I sought an information through RTI regarding the legality of the construction. I found in the information provided that the construction is unauthorized. Now what is the procedure to stop that construction ? If officials too do not respond then what is the alternative left for me to stop that construction ?

A. Contact a local lawyer from Vidhikarya to serve a demand notice upon the municipality. If their officials don't register a demolition case against the builder, then file a Writ Petition in the high court against the municipality and the builder. I am sure you will get an appropriate direction from the high court upon the municipality to register a demolition case for such illegal construction.
ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Mayur Khunti Experience: 4 Year(s) Anand
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Manda Murali

Posted 1 day ago

My self muesli Krishna aged 26years, at the age of 1 year my mom ND dad got divorced due mental behavior of my father, and filed a case in court and got divorced, after that my self taken by my mom and my sister was taken by my dad side, after some years my mom got married again and after that my mother died by pregnancy problem, and my grand father (mother father) is taken me and took care on my, and at same time my uncle( fathers brother) took care on my sister and didn't get married till now, my sister get love Marriage without my uncle permission and they are talking good now, now the problem is my uncle has 1 Cr proper by his name, what are my chances whether I get half from that, my uncle somehow favour my sister, please help me how to proceed

A. you've no chance to lay your hand over the property of your uncle if he bequeaths his property by way of Will in your sister's favour. If you somehow want to get anything out his property you need to stay close to uncle so that you're named as one of the beneficiary in his Will. Whether you or your sister is named as a beneficiary in his WIll, such benefits can only be reaped after his demise which might take years to happen. If you don't want to wait so long, then there's another way which I would be glad to share with you if you come on paid consultation. You can contact Vidhikarya to arrange a telephonic consultation with me.
ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Vivek Pawanchand

Posted 2 days ago

Dear Sir/Madam, We are eyeing a land in a layout developed by a established promoter. We come to understand that the promoter has obtained a GPOA and has mortgaged the entire 7 acres of development with a private financier. He says he will obtain a NOC from the financier and then once we register the plot will be under our name in the EC. Please advise if the EC will be clear for my plot immediately after registration ? Will I be able to re-sell any time soon after registration ? Or do I need to wait for all the plots in the survey number or the entire 7 acres of land to be sold and mortgage cleared for the EC to reflect as clean ? Thanks, Saravanan.K

A. it is wise to do proper due diligence of the immovable property before entering into a sale agreement.Contact a local lawyer from Vidhikarya for such due diligence
ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Dear sir/madam, (1) How to ascertain whether a particular construction is authorized or not ? And it is not govt land ? (2) if we found that it is an unauthorized construction,then to whom should we complain ? (3) After informing to the concerned authority and sufficient action was not taken then what is the action to be taken then ?

A. Dear Mr.G.V.Saikumar, 1.Please refer to your question No.1 The status of land can be ascertained from the Revenue Authorities of the concerned State Government. Regarding Authorization of construction can also be ascertained from local authorities.again another department of the State Government. 2.Refer to your q No 2. In case of un authorised construction you need to talk to the District Authorities to stop this or ask for stay legally. 3.Ref to Q No 3. Build up People's Association and People's Organisation and build pressure on the Authorities. remember do not take law into your hands. You will land up in trouble. The best way is people need to understand the problem due to the unauthorised construction. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Balaiah S

Posted 3 days ago

We have 1.5 acres of Gairan Land in Mahbubnagar district that was alloted some forty years ago. Wanted to know that can the government or the panchayat take back the land if yes under what conditions and can this be defended in a court of law.

A. Dear Sir, If you are in possession for more than 30 years of any govt. land then you become the owner. Get all the relevant papers and keep ready. If any issue arise go to the civil court. For full procedure contact me on mobile through Vidhikarya.
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Krunal Sankhe

Posted 4 days ago

have property which I procured from builder in 2009. In October 2018, i sold same to another party. After my agreement, party went to bank for loan. But after all documents verification done, bank informed about one Lis Pendense which was submitted in 2014. Due to same, bank is unable to disburse loan. This is only thing pending. Please suggest what I can do in this case as I am stuck.

A. Dear Mr. Krunal, Latin for "a suit pending," a written notice that a lawsuit has been filed which concerns the title to real property or some interest in that real property. The lispendens (or notice of pending action) is filed with the clerk of the court, certified that it has been filed, and then recorded with the County Recorder. The doctrine of lis pendens, embodied in Section 52 of the 1882 Transfer of Property Act, effectively provides that during the pendency of a suit in which any right to immovable property in is question, the property cannot be transferred by any party to the suit so as to affect the rights of other parties Supreme Court rules on doctrine of lis pendens and registration of documents In Har Narain v Mam Chand,(1) the Supreme Court discussed and reviewed the law relating to the doctrine of lis pendens with regard to Section 47(2) of the 1908 Registration Act. The doctrine of lis pendens provides that no fixed property can be transferred while an action relating to it is pending before a court of law.(3) Under Section 47, a registered sale deed of a fixed property, on registration, is deemed to operate from the date of execution. The court clarified that the legal fiction created by virtue of Section 47 does not circumvent the operation of lis pendens. In effect, the court held that if a sale deed was not registered at the time the civil suit commenced and is registered subsequently, the property sale will still be subject to the principle of lis pendens. Facts The first respondent, owner of certain land, mortgaged the property in favour of its predecessor in interest of the appellant, which had been in possession of the land since 1970. The respondent and the appellant had also entered into an agreement to sell the property. Subsequently, the respondent executed a sale deed purporting to transfer the property to a third party on August 2 1971.The sale deed was registered on September 3 1971. In the period between execution of the sale deed and its registration on August 10 1971, the appellant filed suit against the respondent seeking specific performance of the agreement to sell. The suit was resisted by the respondent on the grounds that the sale deed (dated August 2) related back to the date of execution under Section 47, and accordingly the property was classed as sold prior to initiation of the lawsuit. The appellant argued that since registration took place after filing of the suit, the sale was affected by lis pendens. The trial court and the High Court both took the view that the doctrine of lis pendensdid not apply to the facts of this case. The lower courts had proceeded on the presumption that although the documents had been registered after the suit was filed, they related back to the date of execution. Therefore, the sale of the property was deemed to have been effected on the date of the execution of the sale deed itself. Decision The appellant appealed to the Supreme Court, which upheld the appeal. It held that: "in spite of the fact that the registration would relate back to the date of execution, the sale cannot be termed as complete until its registration and it becomes effective only once it stands registered. Thus, the fiction created by Section 47 does not come into play before the actual registration of the document." The Supreme Court observed that a similar issue, though involving a right of pre-emption, was considered by the Constitution Bench in Ram Saran Lall v Mst Domini Kuer,(4) wherein the Supreme Court concluded that: "in spite of the fact that the Act, 1908, could relate back to the date of execution in view of provisions of Section 47 of the Registration Act, 1908, the sale could not be given effect to prior to registration and thus the sale was not complete until the registration of instrument of sale." The court in Ram Saran also clarified that Section 47 of the Registration Act does not specify when a sale is deemed to be complete. It observed that: "a sale which is admittedly not completed until the registration of the instrument of sale is completed, cannot be said to have been completed earlier because by virtue of Section 47 the instrument by which it is effected, after it has been registered, commences to operate from an earlier date."(5) The Supreme Court took the view that the lower courts failed to appreciate that the fiction created by Section 47 of the act itself is a consequence of registration of the document. Accordingly, it was held that the doctrine of lis pendens applied in the present case, as the registration of the sale deed occurred after the suit was filed. Comment The Supreme Court has clarified its position with regard to the operation of Section 47 of the Registration Act. It appears that, in its reasoning, the court has equated the words "shall operate from" to "be effective from". On that reading, the position taken by the Supreme Court is not in tune with the literal meaning of the words used in Section 47. This is one of the many instances in which the courts have chosen to eschew a literal meaning in favour of a purposive one in order to serve the ends of justice. For further information on this topic please contact Jasleen K Oberoi or Bahaar Dhawan at Amarchand & Mangaldas & Suresh A Shroff & Co by telephone (+91 11 4159 0700), fax (+91 11 2692 4900) or email (jasleen.oberoi@amarchand.com or bahaar.dhawan@amarchand.com). Endnotes (1) Civil Appeal 995-996/2003, October 8 2010. (2) Section 47 of the 1908 act: "Time from which registered document operates :A registered document shall operate from the time which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration." (3) The doctrine of lis pendens, embodied in Section 52 of the 1882 Transfer of Property Act, effectively provides that during the pendency of a suit in which any right to immovable property in is question, the property cannot be transferred by any party to the suit so as to affect the rights of other parties. (4) AIR 1961 SC 1747, by a three-to-two majority. (5) This position has been followed in a plethora of cases: Hiralal Agrawal v Rampadarath SinghAIR 1969 SC 244; SK Mohammad Rafiq v Khalilul Rehmad AIR 1972 SC 2162; Thakur Kishan Singh v Arvind Kumar AIR 1995 SC 73; and Chandrika Singh v Arvind Kumar Singh AIR 2006 SC 2199. Shanti Ranjan Behera, Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Shreyash Mohta Experience: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Sir, Greetings of the day. Our society has executed registered development agreement with developer in 2015. For the reasons best known to developer and society the plan approved lapsed .Most probably the developer is not in position to start the work due to finance problem The developer has given promises 6 times that he is going to start work after completing all the legal formalities. However it has never started. The society has received notice from MCGM IN 2016 to repair it but society is not repair it on the plea we are going to vacate.. Members are also not repairing it as they are given new dates every time. The plastering of ceiling falls in someone flat. The condition of building is deteriorating day by day and both the developer and society are taking advantages of this situation. In October 2018 the developer informed that once the NEW DP PLAN 2034 COMES INTO EFFECT HE WILL GET THE PLAN APPROVED WITHIN 8 DAYS EXECUTE BANK GUARANTEE/ REGISTER INDIVIDUAL AGREEMENT ETC. Now after the policy announced he asked the society to waive certain clauses of registered development agreement viz. BANK GUARANTEE WILL NOT BE PROVIDED BY HIM BUT HE WILL PROVIDE MORTGAGE ON 1ST FLR IN THE BUILDING TO BE CONSTRUCTED AND WILL NOT DEDUCT 14 FEET OF MEMBERS DUE TO 5% DEDUCTION FOR MCGM. AMENITIES. He will change the plan for sale component as per his wishes earlier the registered development agreement provides for society consent for any change in plan by developer once approved by both parties. Thirdly, henceforth if there is change in FSI RULES IT WILL NOT BE SHARED WITH SOCIETY .THE REGISTERED DEVELOPMENT AGREEMENT PROVIDES FOR SHARING ON EQUAL BASIS PROFIT/LOSS DUE TO CHANGE IN POLICY. The committee has accepted the proposal immediately passed resolution drafted supplementary agreement and played with safety of members as his investment wiil be nil if he demolish the building and he is going to load TDR after 9 th flr . The new towers will be of 21 flr. The MOU PROVIDES THAT TDR SHALL BE LOADED IN THE NAME OF SOCIETY BEFORE VACATING PREMISES BY MEMBERS BUT NOW IT IS DENIED. WHAT IS THE REMEDY FOR MEMBERS IF AFTER DEMOLITION HE DOES NOT PROCEED OR MAKE NO RENT AS BUILDING IS OF EXISTING 147 MEMBERS ON 4550 SQ MTS PLOT. FURTHER THE DEVELOPER HAS OFFERED THE SOCIETY 1ST FLR OF NEWLY BUILDING AS MORTGAGE. IS THE MORTGAGE LEGALLY ENFORCEABLE WHEN THERE IS NO EXISTENCE OF DEBT BETWWEN THE TWO PARTIES. viz. DEVELOPER AND SOCIETY . I have informed society that guarantee is for performance and mortgage is not a substitute for it it is a security for loan granted. Society has agreed and threaten me that you are misguiding others /building is going to collapse etc etc. Now I have heard though not officially announced that the individual agreement is not going to be registered but he will notarize it on Rs 100 stamp paper. How can an individual member ensure his safety .As only registered agreement are enforceable in a court of law Is this case be accepted in consumer forum how much are the chances. Please guide me urgently as I am a senior citizen having no income except pension and some interest.. Further I have no son who can go here and there for advocate/ court. How much charges in civil court and time taken. I am very much interested in redevelopment but as per original terms of tender and redevelopment agreement executed. Regards, JAYESH CHOKSI 8080546187

A. Too big question to read
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar

RENU VERMA

Posted 5 days ago

i purchase plot from property dealer, plot under TCP AREA . tcp authority reject my application of house map as they said plot is not according to their norms.in tadima four names shows of land owner and plot is divided into eight parts under KHANINGI TAKSIM. Property dealer sell without passing plots from TCP AUTHORITY. I Can not build house until my house map not cleared by tcp authority .it means dealer cheated me.what should i do plz suggest.

A. Dear Client, Best option for you would be to get in touch with a Real Estate Lawyer from your locality who is well versed in local Laws/State Laws. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Manjula Shanmugasundaram Experience: 18 Year(s) Chennai
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Dear Sir/Madam, We recently booked a plot for which in-order to keep up with the payment schedule we have paid almost 30% of the total plot cost and also have entered in to sales agreement. It is only after signing the sales agreement we got to know from our lawyers that the property has cloud on title and hence they have advised me not to proceed with the property. Please note, we could not complete the legal opinion before sale agreement because the promoter missed out important EC documents and we had to go back and forth which delayed the process of legal verification at your side. We were been ALLTHROUGH told orally by sales team that if in case buyers lawyers find legal issues the entire amount would be refunded immediately. But it is written in the sales agreement that the promoter will deduct 10% of the total cost as cancellation charges and does not have any clause on what happens if there are legal issues found by buyers lawyers. Am i eligible to get 100% refund as per the oral promises made by the sales team ? Or am I bound by sales agreement even in the case that the legal verification at our side is on the negative ? Could you please advise ? I need this information urgently.

A. Dear Sir, Please get issue a legal notice an file complaint in Consumer Court. For full procedure contact me on mobile through Vidhikarya.
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Shreyash Mohta Experience: 1 Year(s) Kolkata
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
I have purchased a flat with my father as co owner. although the full payment was done by me but on his demand i got him added as co owner during purchase. what should i do to ensure that he cannot transfer his rights to my sisters after his death. my mother is also stays with us. sisters are married.

A. Dear Client, Your points are well taken. Taking in to consideration, inform all the sisters ( married or unmarried), your mother etc about the decision you have taken by adding him as co owner as per his wish in order to avoid problem in future.You never know who will die first.Death of God never follows the serial number of the persons in the Q.He simply chooses and picks. Hope this would solve the problem for the time being. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shreyash Mohta Experience: 1 Year(s) Kolkata

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