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Sadanand B. Panchal   01 August 2012 at 11:01

Meaning of "save and excepting" in the deed

Sir,
My name is Sadanand Bhisaji Panchal.I have obtained a deed of conveyance of the year 1973 regarding the sale of the land where I am residing. In the said deed the landlord described his property as " Vendor is absolutely seized and possessed the land and hereditaments together with the structures thereon save and excepting those belonging to the (name of) owner of our chawl"
Please explain me whether the landlord had excluded our chawl from the sale in the contract of the deed?
Is the said contract supposed to be sell of entire land or it might became incomplete sell.
Is this type of the deed can be treated as null and void? under which Act?
Best Regards,
Sadanand B.Panchal

karandeep   23 July 2012 at 15:51

Warehousing

Hello
I am working in a agri based industry. we take warehouse on lease and provide storage handling and after storage service.
Can anybody give me details of the compliance's and licences we must follow or have.

Thank
karan

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.

Yash Rungta   07 February 2012 at 14:23

Change of a trustee: compliances

Hello,


In a Charitable Trust, a trustee wants to resign and a new trustee has to be appointed in his place. Currently there are 3 trustees and obviously after the change the number will remain at 3. Out of the 3, one of the trustees is managing trustees but he is not the one who is resigning. as per the Trust Deed, minimum no. of trustees shall be 3 and maximum 9.

Now my question is how should the change take place. Is a new Trust Deed required to be made? Is Charity Commissioner with whom the Trust is already registered required to be notified? If yes, in what form/format?

Anonymous   10 November 2011 at 22:33

Ontaining obc certificate

Dear sir/madam
My self Madhavan.G from karnataka ,professionally engineer right now preparing for Indian civil services exams (IAS),my query is what are the relevant documents required to come under OBC.
In my fathers cumulitive card issued by state SSLC board in 1969, caste is mentioned as Hindu(Satani) which comes under OBC in central as well as state .But my father as not made any caste certificate till now. I have also not mentioned my caste in my school days,but based on my fathers cumulutive card i made OBC certificate during my engineering admission and right now i have caste certificate issued by respective tahashildar of my area.
Right now i am applying for Civils (IAS) whether the above documents is sufficient ?
Should i tell my dad to apply for caste certificate based on his cumulitive card.
how do come across caste validity certificate?

Here is the procedure for caste validity certificate
Application for (Caste) Validity Certificate
• The applicant has to present an application Form No 1 for authentication of caste to the Caste Verification committee of the District.
• The Caste Verification Committee will investigate the records from school, certificates of family members, and verification of other appropriate materials.
• If all the above mentioned record establishes to be in order the said committee will grant caste validity certificate in Form No. 1A within one month from the date of application.
• Where the said Committee does not issue the certificate in stipulated time, for such delay the Deputy Commissioner of Dist may intervene.
• The certificate issued by the said Committee shall be legitimate for the purpose of employment and education.
• The Caste Validity Certificate is legal and valid until it is revoked or until he converts his religion.

My query is ?
1) My father has not made caste certificate ,he has only his cumulitive card which says he belongs to hindu caste satani which comes under OBC. should he apply for caste certificate based on his cumulitive card ? if yes what is the procedure.
2)For caste validity certificate caste has to mentioned from school days , but i have not mentioned any were in school . i applied my caste and made my caste OBC certificate only during my Engineering admission based on my dads cumulitive certificate. but above form 1a says caste has to be mentioned fromm school , how can i change that now?

3) We match all the criteria for caste hindu (SATANI) which is 3B.
4)Please advise to satisfy conditions for FORM 1 A for caste validity certificate, bcoz i am preparing for civils tomorrow it should not be a problem.
my id madhavan.shree@gmail.com

vincent gomez   13 April 2011 at 12:25

100%buyback Export Oriented Unit

My client is in the advance negotiation with an importer at Bangla Desh to set up a 100% Export Otiented Unit at New Delhi. The EOU will have semifinished goods without any labelling at New Delhi and the Product is herbal hair oil in different carrier oil bases; while at Bangla Desh it will be labelled,finished and will be marketed therefrom.

Now, my client wants to know that can this EOU be treated as one unit namely at New Delhi we make semifinished goods and at Bangla Desh we do the final finishing and marketing of the goods in question under one factory unit to take concession of the taxation in both the countries more in particularly in Bangla Desh.

Can my learned friends inform me firstly that where to register my client for 100% EOU in New Delhi and secondly what are the ways to make this product in question to be treated as under one factory, in order to take concession of the Bangla Desh import customs and excise and other taxation as our said products in question will be re-exported from Bangla Desh.

Thirdly, what ware the procedure to set up 100% EOU in New Delhi. Kindly let me know.

PRAHLAD AGARWAL   09 April 2011 at 16:43

please suggest

Dear sir,

my wife had submitted the documents of 50% share transfer which are on the name of her mother in the society in Aug-2009.after the expiry of the mother in july 2008. and other hiers were aggreed upon the transfer and signed for no objection.

maintenance was not cleared by the retired father since 2007.brother was in education.

it was requested by the wife to the society ( secretary and chairman) that kindly transfer the share and the arrers will remain and will be paid by the father who is otheer 50% owner and my wife is a house wife.maintenance arrears was a huge sum we not denied for that.

that time documents was with Mr.secretary and it was promised that as soon as arrears will clear transfer will be done then only.

arrears cleared by the father in 2010 but in between he was regularly paying the amount more than maintenance so as it will not increase furthur.

after clearing the dues when my wife and her father said to transfer the share society refused with the word that the date of the indeminity bond is only valid for the period of six months and is expired now . you have to form the new papers .

society has negociated with some lawyer and he said that you have to take the signature of the other heirs again.

is it true that my wife has to form new papers for the society transfer.

if any one other hiers who was ready at that time may refuse at current in that situation or anything wrong happen.

my query

a)notry of that bond have no value at current as those papers were signed by other hiers also.

b)new papers if formed again then the value of aggrement which formed in the year 2009 will wipe out.

c) why society is not transfering as per their words in old date.

d)how my wife may transfer the share in the society which is at her mother name.

e) if new documentation is necessary if any additional document required along with the old one without knowing the other hiers.for the transfer in society.

plz guide in such a condition.as we want to keep the value of old date and documentation.

at last if society refuses to transfer without new documentation can we go for legal proceedings .

thanks in advance


anamika   07 April 2011 at 20:34

is it compulsory for pvt pre-primary school to put revenue stamp on fee receipt

Hi expert ,
as new in this business i wanted to know about revenue stamp how important it is in the receipt given and how i can get revenue stamp
regards