Property Cases

Can I transfer a demat account without a probate? My father had made me (his son) as nominee on his demat account. However as per his will this account should be given to his grandson (my son). Bank wants a probate of the will. However as per his will this account should be given to his grandson (my son) and I have no objection to it. Bank is demanding that I should get probate of the will done, which I want to avoid because of a lengthy and costly affair. 

If a nominee, being a custodian has no objection then is bank rightful in demanding probate. They are happy to transfer to me but then I do not know how I can transfer to my son without attracting capital gain and not showing as a fresh sale / purchase transaction.

How to protect my land when my family members have encroached my land? Land was registered in my name by my father back in 2007 through a gift deed. It was executed and registered through the sub registrar office back in 2008. Now my family members are trying to sell my land saying that there are errors in the proper demarcation of my land according to the gift deed and forced me to shift to another side.  They have already begun some illegal construction on that land. 

Later on after the death of my father, I inherited his property under the Muslim law of succession. I already registered a complaint with the local Deputy Commissioner office asking not to execute the sale deed. Now they are threatening me, saying that the original sale deed made by my father was fake. 

What steps should I take so that I can get my property back? I already have some possessions of the land but that is not as per the deed gifted to me by my father.

What to do when the builder does not want to obey the agreement to sell? Made an unregistered sale agreement and on that basis paid a lump sum advance, now the builder is not complying with the agreement clause and harassing.

New khatauni after acquisition of land by the state government is possible. Can State Govt get name of individual changed in Khatauni in case the land has been acquired by the state. Land vests in the state but Compensation has not been paid and possession not taken? On what basis a state/ an authority and with what evidence name is changed in such a case? State Dept Application to Tehsildar must contain some evidence. 

I own a flat of 600 sq ft in a cooperative housing society in ghatkopar west. Repossession of flat let out on rent since 1968. My grandmother had let it out in 1968, the rent was fixed at rs 120 pm and ever since then it continues till date. The share certificates are in our name and maintenance bills are also in our name. Now the society has just issued a loi for redevelopment. Can we evict the tenant (he maintains it was under pugdee. (Our contention is that in a cooperative housing society pudge is invalid . He has no document to prove it). 

Is this contention correct? The developer has offered a 300 sq ft enhanced  area. Can we ask him to compensate for this at the current rates? Accommodate the tenant as a tenant in a redeveloped flat of an existing area of 600 sq ft in the intervening period of redevelopment tenant can get rentals from developer.

Will the aaa be signed with us or the owner? Our strategy is after redevelopment we will ask for rent  at market rate, failing  which we can ask him to vacate? Is this possible please advise on above or any other advice which will help us retrieve the flat. Lastly the society has 81 members and 12 no’s are tenants. 7 out of 12 have negotiated transfer of ownership by receiving  1/3 cost of flat i.e rs 57.50 lacs (on basis of pugdee holding) does a notice have to be served  on society ,tenant and redeveloper and what kind of notice please.

Can a general person purchase a residential land of scheduled caste? Dr XXX had sold a plot to Schedule Caste (SC). The land use is ‘Residential’. Can any person belonging to ‘General’ category purchase the same plot from SC without the permission of DM and district authorities. What will be future consequences (in case) SCST reclaims his right on the said plot given the today’s prevailing laws.

Deemed conveyance by builder or promoter after thirty seven years is possible or not. Hi, I live in a housing society which has not got its conveyance in 37 years. The promoters are very much around. In fact one of them stays in our housing society. The builder has passed away. In 2014 our chawl restarted the process of conveyance after we failed miserably in 2008 under the amnesty scheme. What bothers me is that we have opted to go for deemed conveyance even without completely exhausting the possibility of getting the conveyance from the promoter directly. 

No official letter sent by the managing committee & no legal notice served. Which is one of the most important documents for the deemed conveyance. I suspect some of the committee members are in cahoots with the promoters who harbour the ambition of redeveloping our project. I have singularly been voicing to serve a legal notice on the promoters.  Please advise the best step forward as the AGM comes up in a week’s time? Thanks in advance

My mother had a second marriage. My mother expired in 2018. My father (my mother’s second husband) expired in 2021. My step brother expired in 2022. My step brother had no other brother or sister except myself.

My step brother’s grandmother who expired in 2012 gifted her property in 2011 to my step brother who had made a joint venture with a property builder with that gifted property and got 2 flats. Now as my mother, my father (2nd husband) & my unmarried step brother expired, can I claim those 2 flats which are in my step brother’s name?

My father did not do mutation after purchasing a land. A plot purchased by my father in 1991. He died in 2017 with no mutation etc done on this property due to some family disputes. Now I got information that this property of my father is sold and my family is involved in this. What should I do?