Q 1. Buyer is BM in bank of Maharashtra, after
doing MOU and token amount his attitude changed .He now asking for useless
documents and blaming on me, e.g. .flat is resale, so I have blue print zerox,
he is asking for corporation stamp. Can he make fake letterhead from bank
asking for docs?-JJ
Ans. Asking for
registered sale deed / document with the corporation seal is not unnecessary
demand, in fact when a sale of any property is done; it is the duty of the
seller to provide all the relevant documents on demand by the buyer. If you are
the owner of the flat, you must have the original sale deed of the flat and not
a blue print Xerox copy.
Q 2. My grandmother had given her property to my
father in a registered deed. She has 5 other daughters as well. All of them
were convinced with her decision and agreed to that orally as he is only son
and the youngest one. Recently my father distributed the same property to
myself and my brother and the same also is registered deed. My father passed
away recently. There was one old house in the same property which I and my
brother want to demolish and want to create another house. Down the line, 2 of
my father's sisters developed some disputes with us, started telling that they
can get a stay and they have the right on the same property.
I would like to know whether any one of my father's sisters can get a
stay if we are demolishing the old house existing in the property.
Also there were no 'No objection' signatures of them in the registered
deed of my grandmother. Is it required to have the same? Since it is not there,
whether anyone of my father’s sisters has rights in our property or whether
they can claim it?-LK
Ans. Your grandmother
settled her self-acquired property in your father's favour and for that she
obtained her daughter's NOC also. Legally, your father has full rights
over the property and upon his departure from this world; the property
automatically devolves upon all his legal heirs which includes your mother also
except his self-acquired property which he disposed of during his life
time. Your paternal aunts cannot stake claim over the properties now and
their claim can be repudiated legally.
Q3. I rented out my property for a person about 6
months ago and the agreement was for 24 months period .I have not received rent
for past 3 months .this person is connected with the opposition party of the
state .he is not answering my phone calls and if we ask to vacate, his wife is
asking where will we go now .to vacate these people from my house immediately
what actions I have to take .I am afraid that the legal process may take a very
long time and money .please help me to vacate them legally without any problem
.I live in USA and my widowed mom as to deal with this.-KM
Ans. Whether you like it
or not, the best solution is legal action only. If your agreement conditions
satisfy, you may straight away issue a legal notice and file an eviction
petition before the concerned court for default in rental payment, let him
answer before the court.
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