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jatinder kumar   02 January 2017 at 21:16

Lease deed (change of ownership)

RESPECTED MEMBERS,

GREETINGS

I NEED UR VALUABLE SUGGESTIONS

A AND B OWNED ONE PROPERTY EQUALLY WHICH THEY HAVE LEASED TO THE BANK VIDE REGISTERED LEASE DEED WITH THE BANK BY PAYING STAMP DUTY AND REGISTRATION FEES ETC

NOW A HAD SOLD HIS HALF SHARE TO B AND EXECUTE SALE DEED REGISTERED IN FAVOR OF B.
NOW B OWNS WHOLE PROPERTY.

NOW THE BANK ONLY PAYS HALF RENT TO B AND HAD STOPPED THE PAYMENT OF RENT OF A'S SHARE.

ALTHOUGH B IS READY TO SUBMIT AFFIDAVIT AND INDEMNITY BOND ETC ALONG WITH SALE DEED COPY WITH BANK SO THAT BANK SHOULD PAY FULL RENT TO HIM(B)

BUT THE BANK WANTS THAT B SHOULD EXECUTE AND REGISTER LEASE DEED REGARDING HALF SHARE PURCHASED FROM A IN ITS FAVOR.

ALTHOUGH IN LEASE DEED, IT IS ONLY MENTIONED THAT OWNER WOULD FIRST MAKE OFFER TO BANK FOR SALE OF ITS PROPERTY, THEN TO ANY OTHER PERSON BUT IT IS SILENT OF THE PART OF MAKING NEW LEASE EXTRA IN CASE OF SALE TO ANY THIRD PERSON.

YOU ARE KINDLY REQUESTED TO PROVIDE YOUR VALUABLE SUGGESTIONS, WHAT CAN BE DONE ALTERNATELY TO AVOID EXECUTION AND REGISTRATION OF LEASE DEED FOR HALF SHARE PURCHASED FROM A.

THANKS AND REGARDS.

DHANSING PAWAR   02 January 2017 at 21:09

Leave & licience agreeement

I want to give my Banglow on rent by Leave & Licence Agreement for 11 Months.



1. What are the legal recourses available when renting is done by Leave & Licence Agrreement and Tenanant is not vacating on due dates and extending his stay beyond lease period and not paying rent as well?

Regards,

Vijaya Bhaskar   02 January 2017 at 16:43

Stamp duty for consultancy agreement

Dear All

I have tried asking from the local lawyers about the non judicial stamp duty to execute consultancy agreement for our trust. I have received different opinions. Hence, may i kindly request your goodselves to help me know the stamp duty that needs to purchase to execute consultancy agreement in Karnataka. The consultancy fee will be Rs.20,000 pm

AMOL   02 January 2017 at 12:15

Stamp duty applicability for contracts (service contract)

Hello,

Wish you happy new year 2017.

I am experienced industry professional (engg. industry) and Law Student. I do refer to day to day services agreement taking place in Industry(for example hire of enggineering services or hire of Project Management Services for a consideration). I tried to find out applicability of stamp duty(in the form of stamp paper for agreement) in Indian Stamp Act and Maharashtra Stamp Act. I couldn't find instrument with such type of instrument.

Referring 'The Mahrashtra Stamp Act' (as modified upto the 9th July 2013), I found only relevant entry of such type instruments was that of 'Article 5. AGREEMENT OR ITS RECORDS OR MEMORANDUM OF AN AGREEMENT'. But this was also limited to (a) sale of bill of exchange (b)Government Security (c) Shares, scrips, debentures, bond etc (d) cotton (e) bullion (f) Oil Seeds (g) yarn, spices, non-mineral oil (h) advertisement, event .

Most relevant were Article 5 - h(A)(iii) &(iv). Herein (iii) specific performance by any person or a group of persons where the value of contract exceed rupees 1,00,000 and (iv) creation of any obligation, right or interest and having monetary value, but not covered under any other article. Article 5 - h(B) if not otherwise provided for,— One hundred rupees.] As I understand from this it seems like 5 - h(A)(iii) or (iv)could be applicable but they are so general that they can be made applicable to any contract as such as Contract itself is one which includes some consideration and creates obligations and rights. Whereas Article 5 - h(B) provides for Rs 100 Stamp duty for any general agreements which are not covered anywhere.

Can you please help me understand applicability of stamp duty for hire of services (non involving any transfer of property) from Indian Stamp Act (even though you are not from Maharashtra, for your region).

Madhu Mittal   31 December 2016 at 17:16

Jurisdiction

Following is jurisdiction clause in life term policy of Insurance company:
Governing Law : These Terms and/or the operations in the Accounts of the User shall be governed by the laws of India. The Parties hereby agree that any legal action or proceedings arising out of the Terms for Internet Banking shall be brought in the courts or tribunals at Mumbai in Maharashtra in India and irrevocably submit themselves to the jurisdiction of such courts and tribunals. Any provision of the Terms for payment gateway which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of the Terms or affect such provision in any other jurisdiction.
Respected Sirs,
1.Whether jurisdiction clause is only for payment by insured to company or
2. for all disputes, grievances of not only insured but nominee also.
3.Please let me know whether nominee of insured can file suit in Jaipur where nominee lives/works in case of need arises.
It is not academic query, but one wants to buy a policy of this insurance company, that is why wants to get it confirmed/understood by the members of learned forum.
Thanks with Regard,

Kalpesh suryawanshi   28 December 2016 at 21:10

Regarding Cast Benifits prior marriage of girl's....

Repected Memebers,
My sister live's in Maharashtra and belong to Dhangar Cast which is in NT2 Nomadic Tribes category in Maharashtra State Government List and OBC in Central Government's List But she married a guy from Karnatak State who Belongs to ST GOND of Scheduld Tribes OR ( ST ) Category and this is not a inter cast marriage as we are called dhangar in maharashtra and st gond in karnataka i am willing to weather can she avail the facilities of ST cast as her husband belong's ST category, thank you...

Dharmish Bhupen Shah   27 December 2016 at 12:09

Registration of gift deed and poa

Dear Sir,

Where should i Pay Stamp Duty on the Gift Deed and POA in Mumbai?

Also Where should i get there documents Registered?

I reside in Borivali ( Mumbai)

Hanumant Bhojane   26 December 2016 at 20:19

Minor Chang in name

Sir , on my SSC certificate name is HANUMANT and on cast certificate and validity certificate name is HANMANT , only U letters deleted and spelling mistake problem , when govt exam document verification any problem , and what solution on it ?

Raj Singh   25 December 2016 at 18:50

Registered will v/s unregistered fake will.

My grandmother owned a house property which before her death made a registered will in favour of my granfather in march 2000. After her death my granfather made another registered will in favour of me in feb 2003. Mean while my two uncle presented a un registered will before us april 2000 of my grandmother in which its mentioned that the property belongs to my two uncle and my father. My grandmother died in sept 2000 and my grand father also died in may 2010.
Who will own the property as according to will i am the original to have so. My grandfather have already given lot of property to my uncle before and mentioned in the will as well. Plz help me

shanthi   22 December 2016 at 07:40

Car used for godly services

I have a private car which i hve given for use in godly services. What document i have to prepare?