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prbkumar46   01 July 2012 at 21:30

Release of sale deed documents pledged to coop bank

Sirs',
My wife took a mortgage loan from a coop bank. By pledging/ mortgaging/promissory note her residential flat deed document. Unfortunately she died 2months ego. I have paid the balance amount with interest and I asked them to handover the document to me as I'm her husband and the first legal heir. They told me that all the children are. Also to come and sign in the register to receive the document. I thing normally it is the practice to take nominees details also to enable them to release the document in case of death/ insane.
Will you please give me your valuable advise.
Thanking you in advance and regards.

sandy   01 July 2012 at 20:15

How fir can be cancelled after compromise between husband and wife

MY BROTHER'S WIFE FILED AN FIR AGAINST HIM UNDER DOMESTIC VIOLENCE, IN NOV 2011 AND HE WAS TAKEN TO SAMALKHA POLICE STATION, HOME TOWN OF HIS WIFE. AFTER DISCUSSIONS AND BARGAINS BOTH PARTIES AGREED FOR AN COMPROMISE FOR WHICH MY BROTHER WAS MADE TO PAY A HANDSOME AMOUNT TO HIS WIFE AND FOR THE PAYMENT DOCUMENTS ARE AVAILABLE. AFTER THIS THEY BOTH FILED MUTUAL DIVORCE AND ARE UNDER THE PERIOD OF SIX MONTHS FOR RETHINKING THEIR DECISION. THE DATE FOR FINAL APPEARANCE IN COURT IS ON 20 JUL 2012.

MY DOUBT IS HOW FIR CAN BE CANCELLED AS IT IS STILL LYING WITH SAMALKHA POLICE STATION AS THE CASE IS NOT OVER YET. CAN IT BE CANCELLED BEFORE 20 JUL 2012 OR WE HAVE TO WAIT FOR JUDGEMENT ON 20 JUL 2012.


THANKS A LOT

Jaywant Ghorpade   30 June 2012 at 18:34

Acquisition of forms for new registration of trust

Hi,

Good Day!

I hereby request you to provide us forms for registration of new trust under Bombay Trust Act, 1950. In marathi, I have form of Annexure 2 (Rule 6) Kindly provide proper guidance for legal procedure of registration and forms applicable for new trust registration as aforesaid. Please feel free to contact us on 9960197050 for further assistance.

Earliest action from your end will be highly appreciated.

Thanks & Regards,
Jaywant Ghorpade
Karad.

Shinu Santosh   30 June 2012 at 11:02

Regarding marriage registration

Hi. I am Shinu Mathew (maiden name) married to Mr. Santosh Babu (Husband's Name) 4 years ago. I have a child of 2 years ago. I am a Christian. My marriage has not been registered till yet. I have the letter from church where our marriage was solemnized. I want to add my husband's name in my passport and want to go abroad for job. He is working in Dubai and cannot come to India soon. Kindly let me know the procedure to get the marriage registered without his presence so that I can get my passport in Tatkal Scheme. And also guide me to apply for my child's passport. Thanks

Shelladurai   27 June 2012 at 16:33

Sale deed without survey number

I am in the process of purchasing an apartment in Bangalore. The apartment is built by a private builder who is not very well known. The builder has given me Khatha ("A" type), Khatha certificate and sale deed copies. The apartment is built on a plot of land which is part of the bigger area of 3 acres which was sold as plots to various people. The original sale deed has the whole area under one survey number. The sale deed of the apartment does not have a reference to a particular survey number for the individual plot. Will this be a problem ? The property owner has promised to get the survey number mentioned in the final sale deed.

vincent   27 June 2012 at 13:58

Validity of delegation of powers

Dear sir a GPA executed on 09.01.1974 states as follows: "(1).To sell by private treaty or by any other mode convey or transfer by way of sale all or any of the immovable properties land, houses, vacant sites,building sites with all rights, title and interest there to any person or persons whether in block or separately for any condition so ever. (2) To execute any agreement for sale or sale deed or a other document necessary to effectuate the afore said purposes and to cause the same to be stamped registered or authenticated as the case may be. (3)To appear before any registrar or other authority for the purposes of the said sale or transfer. (4)To receive or agree to receive the consideration for the said sale or sales in respect thereof (5)to appoint any agent or agents on my behalf or as well as on behalf any other person jointly to cause the aforementioned properties to be sold. (6) To deliver possession of the property sold to the purchaser as the case maybe. (7) To purchase or otherwise acquire any movable or immovable property (8) and to do all lawful acts necessary for the aforesaid purposes" - these are the words of the GPA along with some other general points, the GPA is executed.
Now the executor of the GPA buys a property on 01.03.1974. through a registered sale deed in Thanjavur. He conveyed this property to a private trust in the year 1981 through a registered gift deed in the chennai registrar office. In the year 2002 he cancels the gift deed stating that conditions are not fulfilled according to the gift deed so the gift is not completed and so he cancelled the gift deed through a cancellation deed executed in thanjavur registrar office.
Then he sold that property to a third party in the year 2003.
In the past during 1974 using the GPA the power of attorney sold this property to various peoples through an unapproved layout.Furthur more he executed another GPA for him appointing another attorney to sell the above property on 28.02.1974 with the same wordings mentioned in the above GPA. For the past thirty years nobody created any enjoyment rights over that property.the purchaser on 2003 from the direct owner owned and possessed the land from the date of purchase along with revenue records, taxes and electrical connection.
NOW THE QUESTION IS: (1) DID THE SALES MADE BY THE GPA'S ARE VALID OR NOT?
(2) CAN THE GPA HAD ANY RIGHTS TO APPOINT ANOTHER ATTORNEY ACCORDING TO THE WORDINGS OF THE GPA MENTIONED ABOVE?
(3) THE PROPERTY IS PURCHASED ONLY ON 01.03.1974. THE GPA IS GIVEN ON 09.01.1974.AS PER THE GPA THE ATTORNEY CAN SELL THE PROPERTIES OWNED BY THE EXECUTOR BEFORE O9.01.1974. DID HE HAD ANY RIGHT TO SELL THE PROPERTIES PURCHASED AFTER O9.01.1974?
(4) ACCORDING TO THE GPA WORDINGS THE ATTORNEY HAD RIGHTS TO PURCHASE PROPERTY IN THE NAME OF THE EXECUTOR AFTER 09.01.1974. AND SELL THE PROPERTIES OWNED BY THE EXECUTOR BEFORE 09.01.1974. IS IT TRUE AND VALID BEFORE LAW?
As the land values are increased the subsequent purchasers and land maffias getting these documents for a very low value and thretening the true purchasers to evacuate the land.many suits were filled in the courts by various peoples with regard to this. PLEAS KINDLY GIVE YOUR OPINION ACCORDING TO THE EYE OF LAW WITH POSSIBLE CITATIONS. Now all our previous vendors were died.

vincent   27 June 2012 at 13:45

Sales through gpa

Dear sir a GPA executed on 09.01.1974 states as follows: "(1).To sell by private treaty or by any other mode convey or transfer by way of sale all or any of the immovable properties land, houses, vacant sites,building sites with all rights, title and interest there to any person or persons whether in block or separately for any condition so ever. (2) To execute any agreement for sale or sale deed or a other document necessary to effectuate the afore said purposes and to cause the same to be stamped registered or authenticated as the case may be. (3)To appear before any registrar or other authority for the purposes of the said sale or transfer. (4)To receive or agree to receive the consideration for the said sale or sales in respect thereof (5)to appoint any agent or agents on my behalf or as well as on behalf any other person jointly to cause the aforementioned properties to be sold. (6) To deliver possession of the property sold to the purchaser as the case maybe. (7) To purchase or otherwise acquire any movable or immovable property (8) and to do all lawful acts necessary for the aforesaid purposes" - these are the words of the GPA along with some other general points, the GPA is executed.
Now the executor of the GPA buys a property on 01.03.1974. through a registered sale deed in Thanjavur. He conveyed this property to a private trust in the year 1981 through a registered gift deed in the chennai registrar office. In the year 2002 he cancels the gift deed stating that conditions are not fulfilled according to the gift deed so the gift is not completed and so he cancelled the gift deed through a cancellation deed executed in thanjavur registrar office.
Then he sold that property to a third party in the year 2003.
In the past during 1974 using the GPA the power of attorney sold this property to various peoples through an unapproved layout.Furthur more he executed another GPA for him appointing another attorney to sell the above property on 28.02.1974 with the same wordings mentioned in the above GPA. For the past thirty years nobody created any enjoyment rights over that property.the purchaser on 2003 from the direct owner owned and possessed the land from the date of purchase along with revenue records, taxes and electrical connection.
NOW THE QUESTION IS: (1) DID THE SALES MADE BY THE GPA'S ARE VALID OR NOT?
(2) CAN THE GPA HAD ANY RIGHTS TO APPOINT ANOTHER ATTORNEY ACCORDING TO THE WORDINGS OF THE GPA MENTIONED ABOVE?
(3) THE PROPERTY IS PURCHASED ONLY ON 01.03.1974. THE GPA IS GIVEN ON 09.01.1974.AS PER THE GPA THE ATTORNEY CAN SELL THE PROPERTIES OWNED BY THE EXECUTOR BEFORE O9.01.1974. DID HE HAD ANY RIGHT TO SELL THE PROPERTIES PURCHASED AFTER O9.01.1974?
(4) ACCORDING TO THE GPA WORDINGS THE ATTORNEY HAD RIGHTS TO PURCHASE PROPERTY IN THE NAME OF THE EXECUTOR AFTER 09.01.1974. AND SELL THE PROPERTIES OWNED BY THE EXECUTOR BEFORE 09.01.1974. IS IT TRUE AND VALID BEFORE LAW?
As the land values are increased the subsequent purchasers and land maffias getting these documents for a very low value and thretening the true purchasers to evacuate the land.many suits were filled in the courts by various peoples with regard to this. PLEAS KINDLY GIVE YOUR OPINION ACCORDING TO THE EYE OF LAW WITH POSSIBLE CITATIONS. Now all our previous vendors were died.

vincent   27 June 2012 at 13:28

Validity of delegation of powers

wishes to you allDear sir a GPA executed on 09.01.1974 states as follows: "(1).To sell by private treaty or by any other mode convey or transfer by way of sale all or any of the immovable properties land, houses, vacant sites,building sites with all rights, title and interest there to any person or persons whether in block or separately for any condition so ever. (2) To execute any agreement for sale or sale deed or a other document necessary to effectuate the afore said purposes and to cause the same to be stamped registered or authenticated as the case may be. (3)To appear before any registrar or other authority for the purposes of the said sale or transfer. (4)To receive or agree to receive the consideration for the said sale or sales in respect thereof (5)to appoint any agent or agents on my behalf or as well as on behalf any other person jointly to cause the aforementioned properties to be sold. (6) To deliver possession of the property sold to the purchaser as the case maybe. (7) To purchase or otherwise acquire any movable or immovable property (8) and to do all lawful acts necessary for the aforesaid purposes" - these are the words of the GPA along with some other general points, the GPA is executed.
Now the executor of the GPA buys a property on 01.03.1974. through a registered sale deed in Thanjavur. He conveyed this property to a private trust in the year 1981 through a registered gift deed in the chennai registrar office. In the year 2002 he cancels the gift deed stating that conditions are not fulfilled according to the gift deed so the gift is not completed and so he cancelled the gift deed through a cancellation deed executed in thanjavur registrar office.
Then he sold that property to a third party in the year 2003.
In the past during 1974 using the GPA the power of attorney sold this property to various peoples through an unapproved layout.Furthur more he executed another GPA for him appointing another attorney to sell the above property on 28.02.1974 with the same wordings mentioned in the above GPA. For the past thirty years nobody created any enjoyment rights over that property.the purchaser on 2003 from the direct owner owned and possessed the land from the date of purchase along with revenue records, taxes and electrical connection.
NOW THE QUESTION IS: (1) DID THE SALES MADE BY THE GPA'S ARE VALID OR NOT?
(2) CAN THE GPA HAD ANY RIGHTS TO APPOINT ANOTHER ATTORNEY ACCORDING TO THE WORDINGS OF THE GPA MENTIONED ABOVE?
(3) THE PROPERTY IS PURCHASED ONLY ON 01.03.1974. THE GPA IS GIVEN ON 09.01.1974.AS PER THE GPA THE ATTORNEY CAN SELL THE PROPERTIES OWNED BY THE EXECUTOR BEFORE O9.01.1974. DID HE HAD ANY RIGHT TO SELL THE PROPERTIES PURCHASED AFTER O9.01.1974?
(4) ACCORDING TO THE GPA WORDINGS THE ATTORNEY HAD RIGHTS TO PURCHASE PROPERTY IN THE NAME OF THE EXECUTOR AFTER 09.01.1974. AND SELL THE PROPERTIES OWNED BY THE EXECUTOR BEFORE 09.01.1974. IS IT TRUE AND VALID BEFORE LAW?
As the land values are increased the subsequent purchasers and land maffias getting these documents for a very low value and thretening the true purchasers to evacuate the land.many suits were filled in the courts by various peoples with regard to this. PLEAS KINDLY GIVE YOUR OPINION ACCORDING TO THE EYE OF LAW WITH POSSIBLE CITATIONS. Now all our previous vendors were died.

Anamika   27 June 2012 at 11:17

Purchasing a flat

Hi,

In cases of most of the flats that I have seen in Thane, uptill now,buildings that are old (around 20-25 years) do not possess Occupation Certificate. That is something that takes me aback from investing in such flats.

It was told to me by many that in the old times there wasnt a concept of OC and that it does not make the title illegal.....

I am confused coz I need to fix the deal in two days and I do not know whether it is advisable to proceed with it in spite of no OC.....

Also please tell me

1. What exactly is OC ????
2.Is it a very imp document in purchase and sale of flat ?? Is bank Loan available without OC ?
3. Is it advisable to deal in such a property that does not have OC ???
4. How can we get the details / record from the TMC related to the particular building ???
5. the pro's and cons of OC

Please revert at the earliest as it is urgent.

Thanx,

Anamika.