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Queries Participated

shakeel   22 May 2013 at 21:59

Transfer of property, without cancellation of gpa

I was working in abroad. I have purchased a property in 2005 in B’lr through my co-brother, who is a local guy and have trust at that time. As per his suggestion, I was thinking to buy another property 40'x60' by disposing this 30'x40'. By trust I gave notarized G. P.A (for sale and to do any sort of transactions) and handed over all original documents in 2007 for exchange of property to my co-brother. He let out the site on rent and signed agreement on my behalf as holding G.P.A. In my visit to India in Jan’2008, I have shifted my family to B’lr. We had discussions with co-brother to return all documents along with G.P.A.(didn’t proceed to cancel G.P.A as per procedure) he agreed for that and I have transferred the property in my wife’s name on 28th January 2008 to take care and informed to tenant personnely and through e-mails also. Tenant agreed to pay rent to us since 1st Feb’2008. Several e-mail communications done with tenant for the payment of rent, in mail also he was agreed, but didn’t pay rent. My wife didn’t apply for khata transfer immediately as we are not aware much and i was in abroad. My co-brother take the advantage of notarized G.P.A and transfers the property on his wife’s name on 31st March 2008 and obtain Khata in his wife’s name immediately (as E.C clearly indicates the transfer of property by the owner on 28th Jan, 2008 and second transfer by GPA on 31 March, 2008 by which GPA got ceased by change of ownership. We applied for Khata in Jan’2009. We came to know that khata has been issued in the name of my co-brother’s wife. We filed a petition to the D.C to revoke their khata. We also filed a case against the tenant in 2009 for ejectment. In 2010 Tenant and my co-brother collided and by suppressing the facts, co-brother filed a case against tenant in another court based on khata / sale deed and got the decree from the court as possession holder by ejectment of tenant, so our 2009 case got infructuous, In that same case we filed an applications to add co-brother and his wife as parties. Recently Khata has been revoked from my co-brothers wife and transferred in my wife’s name by corporation authorities, again my co-brother W.P in high court by saying the case pending, so high court issued an order to suspend Khata until court decision.
As I was the principal of property and gifted to my wife, by which the GPA got ceased (I transferred the property on 28th January 2008 and GPA holder transferred on 31st March 2008). Verbally I had informed to return that notarized GPA and I returned back to abroad after transferring property to my wife’s name, but he cheated and transferred on his wife’s name. I don't have GPA cancellation document. Recently we filed deed declaration case. Seeking an advice how to proceed with this case and possible consequences. Your valuable responses in this regard is highly appreciated along with citations. Applicable fees will be paid, if required can visit your office. Please forward responses to shakeelbashas@yahoo.com

Regards

Srinivas   17 February 2013 at 19:32

Registration of property with notorised gpa of 1987

Sir,
Person A has the Notorized GPA issued jointly by B (father) CD (Sons)for the property in 1987, which clearly mentions authority for sale, collection of money, transfer of katha ..etc in Bangalore north, well develpoed area. Holder A has enjoing the pocession & paid the conversion charges. Presently it is offered for sale and the executors of GPA are not traceable. The katha & Katha extract shows as 'Holder' & PID no. is available for taxes. EC is avalable from 87 to tilldate. The Records of Right mentions as the B & agriculture, Later dates as BDA, which is common in the entire area shows the same. Also a letter from the Sub registrar in request for the copy of title deeds for the original documents mentions as the `old documents pertially spoiled'.
Now question is can this property be registered to the new buyer by GPA holder, Is it valid. Can the Title get transfered to the new buyer?
Legally what is the methods to transfer if the Executor of GPA are not traceable?

Anil Bhatnagar   14 June 2012 at 21:02

Modification in registered sale deed

1. How,a Sale-Deed registered with wrong Khasra No. can be modified & made legal,(in order) to correct the actual Khasra No. of the property (and make the Deed legal)?
2. What are the optional legal remedies available, in case seller doesn't turn back to execute the deed of rectification ?
A few complications of this type of Sale-Deed, executed by mistake,with Khasra No. mentioned wrong are: (i) Deed becomes null & void. (ii)further transactions are not possible,once mistake has been noticed.

xyz1234567   18 May 2012 at 03:22

Cheated in the name of promise to marraige

Hi , I am divorce, i want ur legal advice,

My marriage was very short spanned
Now i am working as a doc in new delhi , i am now settled, with my 4 year old daughter. but last year i felt i can also try for second marriage , so i registerd in matrimony, there i got a request from awaiting divorcee though initially i was not interested , after he called me for few times and then talked he seemd to be a trustable , but from then on i started facing problem . after few days of talking we started becoming closer and had physical relation,after which i got to know that he was womanizer, now i want to jail him, please let me know how i can proceed in this.

Neeraj   23 April 2012 at 17:31

Stamp duty on transfer of share

Dear Sir,

I have purchased a all the share of Pvt. Ltd Company which contain a immovable properties. is i am also liable to pay on stamp duty on value of immovable properties?

hadlee   23 April 2012 at 13:42

Is this only notary register gift deed legal or i will have to do something more

my father mom has a house that is in the chawal , due to some dispute with othere 2 son .

my grandmother as tansfer that chawal in my mother name . we had visited the local

lawyer and said our issue to him he made a gift deed and a affidavit , it state that it is

given as a gift to my mom , the lawyer as done notary registration , And we have also

change the ligth bill that was on my grandmother name to my mother name , my

grandmother has a ration card in that my name is there ,

problem is from here

That my father has his own ration card my mom name is there

so she cannot make the new ration card

, and othere problem is this were our own house is there we have given that on rent ,

and we are staying some were else , my father 2 brothers does not no the place were we are staying , theyare finding us ,

we have heard from our relative that they are finding us to take my fathers mom at

they place , now the thing is that my grandmother is staying with us from 9 yrs at that time they did not take her when she was ill and all , now they want to take her , if they take her and make any document want can be done ,

the paper which we made from the local lawyer that is only notary registered , and it has no value ,

we visited an othere lawyer he said notary registered has no value , we will have to make a will and do stamp duty registration

is that lawyer right

and what could be the charge as per you

he has also said the charge but that is to much

pls help me with this question

Ashok Yadav   12 March 2012 at 18:05

When female proeprty right was effected in haryna

Dear ld. Friends,

Please tell the date when the female/daughters property right was started in Haryana, because it was started earlier in haryana before Amed. of 2005 in HSA.
I shall be thankful to you.

Ashok Yadav   30 September 2011 at 10:22

Sale deed by gpa holder in its own favour

My dear ld. friends I have asked this question previously but couldnot find any citation pls provide if you have:-

X is a pvt. ltd. company, it obtains a regd. GPA in its name through its representative from the seller of the property.
Now question is this- can the company X through its representative execute a sale deed of the same land in favour of its own means in the name of X.

The X is GPA holder and the X now wants to execute sale deed in its own favour, i know its legal there is no problem, power has been given in GPA to execute sale deed in its own favour.

Can my Ld. friends provide me any citation of Supreme court or High Court or any other valid law which can be shown to Sub registrar because he is refusing to execute sale deed by the pretext that vendor and vendee can not be same person.

Please provide some help with citations or any rule in this regard.

Ashok Yadav   28 September 2011 at 15:35

Sale deed in own favour by gpa holder

X is a pvt. ltd. company, it obtains a regd. GPA in its name through its representative from the seller of the property.
Now question is this- can the company X through its representative execute a sale deed of the same land in favour of its own means in the name of X.

The X is GPA holder and the X now wants to execute sale deed in its own favour, i know its legal there is no problem, power has been given in GPA to execute sale deed in its own favour.

Can my Ld. friends provide me any citation of Supreme court or High Court or any other valid law which can be shown to Sub registrar because he is refusing to execute sale deed by the pretext that vendor and vendee can not be same person.

Please provide some help.

Ashok Yadav   28 September 2011 at 15:33

Sale deed in own favour by gpa holder

X is a pvt. ltd. company, it obtains a regd. GPA in its name through its representative from the seller of the property.
Now question is this- can the company X through its representative execute a sale deed of the same land in favour of its own means in the name of X.

The X is GPA holder and the X now wants to execute sale deed in its own favour, i know its legal there is no problem, power has been given in GPA to execute sale deed in its own favour.

Can my Ld. friends provide me any citation of Supreme court or High Court or any other valid law which can be shown to Sub registrar because he is refusing to execute sale deed by the pretext that vendor and vendee can not be same person.

Please provide some help.