gopal krishna
22 February 2010 at 14:26
is that legally valid when father is alive he has commited some portion of the property to my brother orally
Dineshkumar Gupta
19 February 2010 at 17:34
I have shop which given on the rent basis for eleven months. We have made leave and license agreement as legal formalities but it is without a notary stamp.
So, in future whatever disput come it can be(leave &b license agreement)considered as legal proof?
Anonymous
19 February 2010 at 12:29
I have taken working capital loan from Bank for say Rs.10 and one piece of land is given as security for which equitable mortgage was created and stamp duty is paid on Rs.10 . The limit is further enhanced to Rs.20 and stamp duty on balance loan of Rs.10 is paid. We have mutually agreed to give one more piece of land as additional security. My query is whether I have to pay stamp duty on entire amount of loan again for extension of Mortgage?
Kumar Krishan Agarwal Advocate
19 February 2010 at 01:48
Dear Sir,
IN BRIEF MATTER OF FACT
1. Grandfather (A) had inherited large properties and made a registered partition deed (1940) for all the three sons (B),(C),(D) while D was minor when the deed was made only 5 years. (A) died. C also died without marriage i.e he was single passed away.
Now (D) had made seven children d1,d2....d7.
(B) had made 3 children b1,b2,b3.
2. (B) put the partition deed into his custody and gave a small house for living to (D) initially. Hide all the structure of properties mentioned in the partition deed. After that (B) assassinated (D) and his(D) wife in 1970. All the seven children were minor when (D)died and somehow grown up.
3.The children of (D) d1,...d7 know in 2010 and gets the copy of partition deed after 70 years that their father have large properties allotted. Now The (B) sold all the properties of (C)&(D) and (B)died in 2000.
But (B) three children b1,b2,b3 all are alive.
4. Is there any chance to file a suit for recovery immovable properties or reopen partition deed or challenge partition deed or start off 420/406 I.p.C proceedings to start being beneficial for d1,...d7 for recovering all the properties whether the properties illegally transferred or their complete amount from b1,b2,b3.?
Question:
Is there any way to tackle this complicated matter and what's the probability for winning ? A Long battle ground to start. OR Leave out all the past as there is no solution!
Is it Impossible for this problem to be solved.
Clayton Mendonca
19 February 2010 at 00:28
An advocate drafts a Will as per what is said by the testator.
My two queries are:
1) Can this Advocate be one of the two witnesses for attesting the Will?
2) If an Advocate who has drafted a Will also signs as one of the witnesses, does the Will become invalid?
Kumar Krishan Agarwal Advocate
17 February 2010 at 22:39
45. Partition - Instrument of as defined by s. 2(15). The same duty as a Bond (No. 15) for the amount of the value of the se-parated share or shares of the property.
N.B. - The largest share remaining after the property is partitioned (or if there are two or more shares of equal value and not smaller than any of the other shares then one of such equal shares) shall be deemed to be that from which the other shares are separated:
Question: Would the stamp duty has to paid on the largest share if the person(B) who wants to get property being separated demands 25% property from person(A)being owner of 100% share.
VIZ
Would the person A has to give the stamp duty on 75% share if the another person (B) demanding 25% isolated share from A's property ? or The person A would have to give only the stamp duty on 25% share?
Adv. Deepak
17 February 2010 at 20:11
1. What is the difference between notarisation and registration of documents with sub registrar in regard to transfer of property? 2. Can a document which is required to be registered compulsarily, be notarised? 3. Is a document which is required to be compulsarily registered, is not registered and notarised, is such a document required to be subsequently registered? 4. How such a document be registered subsequently? What is the procedure? What will be the stamp duty and registration charges in Maharashtra?
Request for the expert advice and valuable guidance.
Kumar Krishan Agarwal Advocate
16 February 2010 at 22:44
Dear Sir,
1. What is the percentage or stamp amount in Uttar Pardesh State for writing a partition deed applicable on each share in property? because I have no book or commentary of INDIAN STAMP ACT 1899 for how much partition deed fee applicable in Uttar Pardesh to be charged.
2. Would the Rs 1000/(suppose) Stamp for each partition is used for writing partition deed or Rs 100 stamp is sufficient for writing partition deed and rest amount Rs 900/ will be paid in cash to the sub-registrar.
Anonymous
16 February 2010 at 16:46
Dear Sirs/Madam,
In many agreements one may find the clause which is similar to ‘the doctrine of severability’
[i.e. if any clause in the document determined to be invalid or unenforceable the remaining provisions of the agreement shall not be affected thereby and shall be binding upon the parties and shall e enforceable as through said invalid or unenforceable clause were not contained in the agreement.]
If one can draft a document containing clause as mentioned herein above… can one also incorporate ‘the doctrine of eclipse’ in agreement????
Is there any precedent, ruling of courts etc????
Thanks.
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copy of order
Injuction order was passed by hon. judge co operative court [mumbai] in 1993. how to get the copy or to know the status online? Is this order still valid? what should be done in order to vacate the order?