Question: Deceased sister's son not giving his sign for sale of property. Property is in possession of three brothers they want to sell sister died few Months back son of deceased sister not cooperate.
If the property is owned jointly by three brothers and their deceased sister, then all the legal heirs of the sister, including her son, have a share in the property. If the brothers want to sell the property, they will have to obtain the consent of all the legal heirs, including the son of the deceased sister.
If the son of the deceased sister is not cooperating, the brothers can try to resolve the issue through mutual discussions and negotiations. They can explain the need for selling the property and try to address any concerns or objections raised by the son of the deceased sister. It may also be helpful to involve a mediator or arbitrator to facilitate the discussions and help in reaching a resolution.
If the son of the deceased sister still refuses to give consent for the sale, the brothers can approach the court and seek a partition of the property. In a partition suit, the court will divide the property among the co-owners, including the son of the deceased sister, in accordance with their respective shares.
The co-owner has committed the offenses of mischief and criminal trespass. You should file an FIR against him, as he has no right to demolish the common wall that was erected in compliance with HSVP regulations. If the co-owner has any grievances, he should make a complaint before the appropriate authorities of HSVP. However, instead, he has taken the law into his own hands and demolished your wall. His act constitutes an offence.
You should also initiate a civil suit to recover the losses you incurred due to the demolition of the common wall, as well as to seek a permanent injunction. A decree of permanent injunction would prohibit the co-owner from interfering with the premises. You may also claim litigation expenses and compensation for the mental agony you have suffered due to the demolition of the wall.
Question: What is the Meaning of Association of Allotee as per Sec 31 of RERA. Is it a mandatory requirement that Association formed by Allotees needs to be registered under any law to be able to file a complaint in RERA? Or The Association of Allotees can file complaint without the need to get registered in any law.
The term "Association of Allotees" is defined under Section 2(ja) of the Real Estate (Regulation and Development) Act, 2016 (RERA). As per this section, the "Association of Allotees" means an association of the allotees of a real estate project, formed for the purpose of protecting the interests of the allotees in the real estate project, and to ensure that the builder or developer complies with the obligations under the Act and the rules and regulations made thereunder.
Section 31 of the RERA provides for the formation of an Association of Allotees. It states that the promoter (i.e. builder or developer) shall facilitate the formation of an Association of Allotees within three months from the date of the majority of allottees have booked their units in the real estate project. The Association of Allotees shall be formed for the purpose of representing the collective interests of the allotees of the real estate project.
The Association of Allotees plays an important role in ensuring that the builder or developer complies with the obligations under the RERA. It can take action against the builder or developer if there is any violation of the provisions of the Act, and it can also represent the allotees in any legal proceedings against the builder or developer.
Is it mandatory that Association of Allotee as per Sec 31 of RERA must be registered?
Yes, it is mandatory for the Association of Allotees to be registered under Section 3 of the RERA. Section 3 of the RERA requires the promoter (builder or developer) to apply for registration of the real estate project with the Real Estate Regulatory Authority (RERA) of the concerned state. As a part of the registration process, the promoter is required to provide details of the Association of Allotees formed under Section 31 of the Act.
Once the Association of Allotees is formed, it is required to be registered with the RERA within three months from the date of its formation. The registration process involves submitting an application to the RERA along with the required documents, such as the bye-laws of the Association, details of the office-bearers, and the minutes of the meeting in which the Association was formed.
Registration of the Association of Allotees is important as it provides legal recognition to the Association and enables it to function effectively in protecting the interests of the allotees of the real estate project. It also enables the RERA to monitor the activities of the Association and ensure that it is functioning in accordance with the provisions of the RERA.
Question: How to improve CIBIL score? My CIBIL score is getting bad day by day. Due to which I am not able to avail any loan. In this scenerion please suggest how to improve my CIBIL score?
Your CIBIL score is an important factor that banks and financial institutions use to determine your creditworthiness when applying for loans or credit cards. Here are some ways you can improve your CIBIL score:
- Pay your bills on time: Late payments can negatively impact your CIBIL score. Make sure to pay all your bills on or before the due date to avoid any late payment charges.
- Maintain a low credit utilization ratio: The credit utilization ratio is the percentage of your credit limit that you are using. Keeping your credit utilization ratio below 30% is considered good for your CIBIL score.
- Avoid multiple loan/credit card applications: Applying for multiple loans or credit cards within a short period of time can negatively impact your CIBIL score. Limit your applications to only those that you need and wait for at least six months between applications.
- Check your credit report regularly: Regularly checking your credit report can help you identify any errors or discrepancies that may be affecting your CIBIL score. If you notice any errors, contact your bank or credit bureau to have them corrected.
- Maintain a healthy credit history: A long and healthy credit history with a track record of timely payments can positively impact your CIBIL score.
- Don't default on any loans: Defaulting on a loan can have a significant negative impact on your CIBIL score. If you are facing financial difficulties, reach out to your bank or financial institution to explore options for restructuring your loan or creating a payment plan.
By following these steps and being responsible with your credit, you can gradually improve your CIBIL score over time. Remember that improving your score takes time, so be patient and consistent in your efforts.
Question: How to construct a slop for easy access to my portion of property? Our living space shares a common passage that is divided into portions, with the first position belonging to one person and four more portions beyond ours. We have recently reconstructed our portion and intend to create a slope from the end of the first portion to ours for easy access. However, the person who owns the first portion is now filing a suit against us to prevent the construction of the slope. Additionally, there is a small pit in the common passage of the first portion that has existed for over 50 years. Despite our request for its removal, the person has refused to do so and did not mention it in their lawsuit against us.
It is true that it is not permissible to encroach on someone else's property. Constructing a slope that extends onto the property of the person who owns the first floor would indeed interfere with their peaceful possession of their property. In this situation, it would be wise to avoid constructing the slope and instead try to resolve the issue amicably with the owner of the first floor. Finding a mutually agreeable solution would be the best way to resolve this issue without causing any legal conflicts or disputes.
Encroachment on someone else's property without their permission is considered an offense and is illegal. It can result in legal action being taken against the person who has encroached on the property. Therefore, it is important to respect other people's property rights and not engage in any activities that may infringe upon their rights or cause any harm to them.
If constructing a slope that extends onto the property of the person who owns the first floor is not feasible or is legally prohibited, there may be alternative methods for constructing a slope that provides access to your living space without encroaching on their property.
One alternative method could be to construct a slope that remains entirely within your own portion of the common passage. This could involve creating a gradual incline or steps leading up to your portion, which would allow for easy access without encroaching on the property of the first-floor owner.
Another alternative could be to explore the possibility of constructing a separate pathway or access route that does not involve the common passage. This could be done by creating a new entryway or using an existing pathway that does not interfere with the property of the first-floor owner.
Ultimately, finding a solution that is acceptable to both parties and that does not infringe on anyone's property rights is the best approach to resolving this issue. It may be helpful to consult with a legal professional or a mediator to find a mutually agreeable solution.
Eviction of tenants from property after partition. I have filed for the partition of 13 properties in the District Court. These properties are located in a town approximately 60 km from the District Court. I have obtained an interim injunction order. Now, I need to evict the tenants from those properties. Can the District Court issue an eviction order? My advocate says that I need to send a separate eviction notice to each tenant from the local court as the rental value is less and eviction orders cannot be issued from the District Court. I would appreciate your help.
Asked from: Delhi
You have to send a legal notice to each tenant separately because each of them has separate cause of action. Amount of rent does not matter for the determination of the jurisdiction of the court. In this case, the subject matter is the main concern for the selection of appropriate forum.
Generally, the small causes court deals the matter of tenancy. If a rent control officer has been appointed in your town, then you have to move eviction suit in the court of that officer. The procedure for filing an eviction suit involves the following steps:
- Issuance of a legal notice: The landlord must first issue a legal notice to the tenant, asking them to vacate the property within a specified period.
- Filing of a suit: If the tenant fails to vacate the property, the landlord can file an eviction suit in the appropriate Civil Court (small causes court), along with the necessary documents, such as the lease agreement and the legal notice.
- Service of summons: The Court will issue summons to the tenant, asking them to appear in Court on a specified date.
- Hearing of the suit: At the hearing, both parties will be given an opportunity to present their case, and the Court will examine the evidence presented.
- Order for eviction: If the Court finds in favor of the landlord, it will issue an order for the eviction of the tenant.
Related
Can my uncle deny the mutual partition of property? I co-own a property with my uncle that was gifted to my father by my aunt through a gift deed. The property has no partition deed, but we had a mutual partition agreement on a court paper with witness signatures. I have built a house on my part of the property, although it is still incomplete. However, my uncle has denied the mutual partition and has approached the court. What are my chances of success in this case?
In India, mutual partition of property refers to the process of dividing jointly owned property among co-owners by mutual agreement, without the intervention of a court. This is often done to avoid lengthy and costly legal proceedings, and to resolve disputes amicably.
The mutual partition agreement is binding on all co-owners and creates a separate and distinct title for each co-owner in their respective share of the property. Each co-owner can use, sell or transfer their share of the property without the consent of the other co-owners.
However, if any co-owner disputes the validity of the mutual partition agreement, they can approach a court to challenge it. The court will consider the evidence and may declare the agreement invalid if it is found to be fraudulent, coerced or against the law.
The property in question was transferred by your aunt to your father through a gift deed, so there is no dispute regarding the transfer of ownership from your aunt to your father. Following your father's death, the property devolved to you, giving you clear and unambiguous title to the property.
In the ongoing civil suit, there is no dispute regarding the devolution of the property to you. When the property was gifted to your father, it became his self-acquired property. Upon your father's death, as per the rule of survivorship, you became the owner of the property. Therefore, you are likely to succeed in the civil suit.
Given the circumstances, it would be advisable for you to file a declaratory suit to establish your 50% share in the disputed property. The mutual partition has been confirmed by your uncle's conduct, as he never attempted to cancel the partition deed executed in the presence of a witness until you began constructing a house on your part of the property.
Can a subsequent purchaser of a land be a Bonafide purchaser. Can a subsequent purchaser of a land be a Bonafide purchaser while d civil suit is pending? A civil suit is pending in the civil judge senior division.
Generally speaking, a bonafide purchaser is someone who buys property without knowledge of any defects or claims against it. If the civil suit involves a claim against the land or a defect in the title, then a subsequent purchaser who buys the land without knowledge of the suit or the claim/defect could potentially be considered a bona fide purchaser. However, if the subsequent purchaser has knowledge of the suit or the claim/defect, then they would not be considered a bona fide purchaser.
As per the facts of your case, if you had no knowledge or information about the pendency of a civil suit you should be treated as a bonafide purchase. When a person buys property as a bona fide purchaser, they typically acquire good title to the property, which means that they have the legal right to possess, use, and transfer the property.
The property rights of a bona fide purchaser are generally protected under the law. In most cases, a BFP takes title to the property free and clear of any claims or interests that existed prior to their purchase. This means that if someone else had a prior claim to the property, such as a lien or encumbrance, the BFP generally takes title subject only to those claims or interests that are expressly disclosed at the time of the purchase.
However, it's important to note that there are some exceptions and limitations to a BFP's property rights. For example, if the BFP is found to have acted in bad faith, such as by intentionally avoiding knowledge of a defect in the seller's title, their property rights may be limited or even voided altogether. Additionally, certain claims or interests, such as government liens or easements, may take priority over the BFP's rights.
Overall, the property rights of a bona fide purchaser are generally strong, but they can be subject to limitations and exceptions depending on the specific circumstances of the case. Your question is not completely clear therefore, it would be hard to give precise advice. A general rule regarding the rights of bonafide purchasers has explained above.
Can the father-in-law transfer his property to his daughter-in-law without the consent of his daughter? Can the father-in-law transfer his property to his daughter-in-law without the consent of his daughter? My father has transferred his property without my consent. I am very tense and feeling bad when came to know that he has named the property to my bhabhi.
A father has the legal right to transfer his self-acquired property to anyone, including his children or any other person, without any consent or permission from anyone else, including his wife or children. However, if the property is jointly owned by the father and his wife or any other family member, then he would need their consent or permission to transfer the property.
If that property is jointly owned with you then your consent is mandatory for gifting entire property. If the father transferred only his part to his daughter in law, then that transfer is legally valid.
Self-acquired property refers to any property that a person has acquired through his or her own resources, without inheriting it from any ancestors or family members. In other words, any property that a person has purchased, inherited, or received as a gift is considered self-acquired property.
This type of property is solely owned by the person who has acquired it and can be disposed of by him or her in any manner they deem fit, including gifting it to someone else or transferring it through a will. The legal rights and obligations related to self-acquired property are different from those related to ancestral or inherited property, which is subject to different legal provisions and rules.
I left my organisation before the due date. I left the organization after resigning, but the company had me sign a document stating new KPIs and that I should stay with the company until a certain date. However, I left before that date due to a couple of concerns, providing the company with 30 days of intimation. Now, upon asking for my relieving letter, they are referring to that document and stating that I breached it, and are preventing me from working for a new organization. Can you please suggest what I should do?
If an employee leaves an organization before the agreed-upon date, it may result in legal consequences, depending on the terms of the employment agreement and applicable laws. Some potential legal consequences include:
- Breach of contract: If the employee has signed a contract with the employer that specifies a notice period or an agreed-upon end date, leaving before that date may constitute a breach of contract. The employer may be entitled to damages or other legal remedies as a result.
- Loss of pay and benefits: If the employee leaves before the agreed-upon date, they may not be entitled to any remaining pay or benefits that they would have received if they had stayed until the end of their contract.
- Restrictive covenants: If the employee has signed an agreement with restrictive covenants, such as a non-compete or non-solicitation agreement, leaving before the end of the contract may result in a breach of those covenants. The employer may be entitled to damages or injunctive relief to enforce those covenants.
- Negative impact on future job prospects: Leaving an employer before the agreed-upon date or without proper notice may result in a negative impact on the employee's future job prospects. This is especially true if the employer provides a negative reference or reports the employee to relevant professional bodies or regulators.
Overall, leaving an organization before the agreed-upon date may have significant legal consequences. It is important to carefully review any employment agreements or contracts and seek legal advice before taking any actions that may breach those agreements.
It is important to carefully review the document you signed to determine if it is legally binding and enforceable. If the document is not enforceable, then you can inform your previous employer that you are not bound by its terms and demand that they issue you a relieving letter.
However, if the document is legally binding, and you did breach it by leaving before the specified date, you may need to negotiate with your previous employer to find a mutually acceptable solution. You could try explaining the reasons for leaving early and discuss potential remedies or alternatives.
This agreement is legally binding hence, you have to follow its terms and conditions. In some circumstances the notice period may be extended or exempted if it does not affect the recruitment policy of the organisation such as affecting the work, pendency of incomplete task etc.
The binding force of an agreement refers to the legal obligation of parties to comply with the terms of the agreement. When two or more parties enter into a valid and enforceable agreement, they are bound by the terms of the agreement and are legally obligated to fulfill their obligations under the agreement.
The binding force of an agreement is determined by several factors, including the validity of the agreement, the capacity of the parties to enter into the agreement, and the legality of the agreement's terms. If an agreement is not valid, for example, if it was entered into under duress or coercion, then it may not be binding. Similarly, if one or more parties lack the capacity to enter into an agreement, such as minors or persons with mental incapacity, then the agreement may not be binding.
In order for an agreement to have a binding force, the terms of the agreement must be clear, certain, and not in violation of any laws or public policies. Once an agreement is deemed legally binding, parties are required to comply with its terms and any breach of the agreement may result in legal consequences, such as damages, injunctions, or other remedies.
