The plot is registered on my fathers name and he is not alive now. The sale deed is lost. As we know the survey numbers and area of the plot we bought the CC without any FIR and posting ad in newspaper. Now our family has decided to gift the property to my elder sister. Can we proceed with registration with the help of only CC and death certificate? or do we need to file an FIR and post an ad in newspaper along with CC and death certificate? [We are not interested to sell the property to someone else anytime soon]. Awaiting your valuable suggestions. Thank you.


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Anonymous
23 February 2019 at 01:09

What documents to be asked

We are a CHS society.Our developer xyz has sold one flat free of cost thru it's partner A ( promoter/ developer) to B (Allottee/Land owner) free of cost with C as " confirming party ". The transfer deed is done and registered but society was not told about it as maintenance bill is still raised in the name of developer xyz. A&B are brothers and C is the father and said property is the ancestral property of C ---" Confirming party ". B has passed away and is no more.Further wife of B has requested the flat to be transferred in her and two childrens name. Now our query is as follows: (1) is B the sole owner or now C or his remaining sons can claim the property also (2) whose name share certificate has to be prepared(3)what documents we have to ask from wife and children (4) what care should society take for indemnifying itself and it's members from future issues / litigation (5)what is the meaning of
" confirming party " in legal terms.


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16 February 2019 at 12:56

Whietner use in caste certificate

Dear sir i m a sc candidate. I had made a caste certificate 6 month ago from agra in it all the detail is accurate but in the colony address shastri nagar in it a minute whitener applied and then colony name written. Does it create any problems.
As on the back of certificate patwari wrote his report and colony name is written correctly.
While i asked to authority about it they said its normal we did it and dm tehsildar signatures is intact. Certificate no is duly verified with online record of certificate.i used it in job interview they also not said any objection.
Is there any issue sir


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it is well settled when the attorney expires his/she"s signed power of attorney becomes legally in valid,
Query, does this same principle/law apply to the MoU (unregistered) of family settlement in respect to the immovable property, when one of the beneficiary dies , does the MoU In question become Legally invalid-?


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15 January 2019 at 14:23

Eligibility for up obc certificate

Dear sir
I born and brought in up but from last 2 year our family have shifted to other state. Now i need central caste obc certificate.

1) can i get central obc certificate from UP i have father voter id ration card and proof to show that we are resident of up.

2) But no one from our family leave there at UP should we take a room on rent for certificate issue or authoirty issue that certificate simply on basis of document and filed verification that we lived in UP FOR FOR 20 YEAR AND OUR NATIVE STATE IS UP. I M UP RESIDENT BY BIRTH


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08 January 2019 at 06:18

Letter of continuing security

Sir,
Bank ask my company to pay stamp duty on letter of continuing security relating to the CC limit, my query is only about is it necessary to pay stamp duty on letter of security because I ask other banks they said Rs. 500 stamp duty need to pay but when I ask my bank from which I took CC limit they said to pay 0.2 percent on total amount. However my company already paid 0.2 percent stamp duty on deed of hypothecation relating to same CC limit. Request to expert kindly guide me on above how much stamp duty need to pay in Maharashtra.

Regards
CS Roshan Kalmegh


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Hi

There is a property in the name of my uncle who passed away recently.

They have only one son who is a US Citizen and does not want to have a share of the inherited property and is currently in India temporarily.

Hindu Law applies here and There is NO WILL

The parents of the deceased are not alive The only family members are : Deceased, Deceased's wife, their son, their daughter in law, their grand-kids who are well below 10 yrs of age (I assume the grand-kids need not to be involved here as they are minors)

The process for the transfer of Khata is :
Transfer property jointly in name of deceased's son and wife (all the legal heirs)
(or)
Transfer property in name of a single family member with an NOC affidavit from the other legal heirs (No Gift deed needed)

In this case, to transfer the property to deceased's wife name, the authorities will demand an NOC Affidavit from the other legal heir i.e, the son who is A US Citizen
Hence, can he provide an affidavit on an Indian Stamp paper sworn in front of an Indian Notary even though he is a US Citizen?
(or)
Should he get the affidavit done in US local state, get it notarized and Apostiled there and Attest it by Indian Embassy and send it to India?

Also, do the same rules apply for a general Power of Attorney (POA) as well ? (For other transfers like Electricity, Water Supply etc)

Thank You


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24 November 2018 at 08:33

"barred" under law

Dear experts kindly read the following-- as i wish to understand--why the PoA has been rejected by the court.

Subhash Chandra had on November 17, 2016 moved the court through a power of attorney to Gulshan Kumar Sachdeva, seeking prosecution of Mr Kejriwal for allegedly defaming him by levelling false allegations in the wake of demonetisation
A Delhi court on Saturday discharged chief minister Arvind Kejriwal in a defamation complaint filed by Rajya Sabha Member of Parliament or MP Subhash Chandra, saying Mr Chandra had not followed proper procedure while filing his plea.Additional Chief Metropolitan

Magistrate Samar Vishal granted the relief to the Aam Aadmi Party chief, noting that Mr Chandra had filed the complaint through a power of attorney which is "barred" under law.

The court said that Mr Chandra was at liberty to file a fresh complaint in accordance with law."Hence proceeding further with this case will be a futile exercise as this case is also filed through power of attorney. Accordingly the accused Arvind Kejriwal is discharged from this case," the court said.





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11 October 2018 at 17:10

Validity of family settlement

a family member died after signing a MoU of family settlement,(unregistered) pertain g to undivided family property .- query is what is the Legal status /validity of the family settlement in this case?
this is not a academic question , .a reply would be highly appreciated


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