LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Tarun   28 June 2013 at 15:17

Equitable mortgage by deposit of title deeds

A company has a property located in Gujarat and the Property is leased with Gujarat Industrial Development Corporation. The Company has got lease deed registered with the Department. According to one of the conditions of the Lease Deed, the Company was required to pay 1% value of Land in case it intends to mortgage the immovable property in favour of its Bankers.

Hence, the Company paid said fee with the office of Sub registrar and obtained NOC from GIDC for Mortgage to be created in favour of Bankers.

Query:

Kindly advice, whether Memorandum of Entry to be executed between bankers and Company is also required to be registered in the state of Gujarat?

Can the Company execute documents in Delhi i.e. place of registered office of the Company and pay stamp duty applicable in Delhi.

Advocate M J   28 June 2013 at 09:40

Legal proceeding

good morning learned members.
Sir, my client property was filed under SARFASI act which was settled by the institution after my client paid double the amount to withdrawn the Sarfasi proceeding
now my client wants to file a case against the institution for collecting the double amount in DRT Court,after a gap of 8 months after settlement.
1) is thr any time limit to file the case in DRT court after the settlement against the said institution?
2) under what section my client can claim for recovery of the double amount paid to the institution? can v file a recovery suit against the institution?
thank u

Janhavi Mantri   27 June 2013 at 15:58

Sub registrar of assurance authority

I live in a co-operative hsg. soc. I am a member of this society. The land still belong to a charitable trust. no conveyance of land has been done. Trust is still the landowner. At the time of redevelopment the tenants have been awarded ownership flats and thus become members of the co-op soc. Those tenants who did not want to become a member of the soc. remained as tenants of the trust. The trust pays maintenance charges on behalf of tenants to the society.

Recently one of the tenant of trust became member of our co-operative society. he has been awarded membership without any NOC from the Trust who is the actual owner. As a member of society i questioned the committee about his membership and I was told that the society sub registrar of assurance-Mumbai have given the order to make to the member of the society.

I have received a set of documents where there is no vendor signature of confirmation deed.

1. Is it legal?


2. What legal steps can be taken as an individual?

3. Is it a kind of fraud?

Regards,

Janhavi



koustubh bhide   26 June 2013 at 23:40

Power of attorney

whether on the basis of notories power of attorney any one can sale or Purchase property on behalf of the person who gave the power of attorney. is there any rule ??

Rahim   26 June 2013 at 20:21

Urgent: mother alias name printed in my birth certificate and needed for passport

Hi
I have applied for passport but due to my birth certificate problem my passport is kept on hold until i submit the required document. In my birth Certificate (BC) my mother's alias name is written and it is the only document with that name. On all other document my mothers actual name is their including my SSC certificate, TC, mother's passport.
I have also inquired that whether i change the name on the BC but i end up with that there is no way i can change that alias name with the correct name.
So Please help me so that i can do somthing.
Thanks in advance.

Ketan Mehta   26 June 2013 at 11:38

Directors remuneration

Dear Experts

Under FEMA Act or any other act for Payments of Director remuneration or commission to foreign citizen director who has person of Indian origin card & permission to enter & exit in India without visa & he/she is resident as defined in income tax act , do required Employment visa for payment of such sums i.e. remuneration or commission. Pl advice.

Rohit Singh   26 June 2013 at 10:07

Regarding leave and license agreement.

I am renting my flat for Rs.9000 rent and Deposit Money as Rs. 40000. I wanted to know that how much cost will be incurred in order to make Legal Leave and license agreement please note that I am ready to pay stamp duty and registration charges for registering my leave and license agreement in Thane district
of Maharashtra.

Sreenivasa Rao. S.   26 June 2013 at 06:46

Surety for due amount

Dear Experts,

One of friend is running a sanitary shop, he has given construction materials like cement, steel and sanitary items to a civil contractor to a worth of RS.25 Lacks four months back, the civil contractor has not paid the amount till date.Civil Contractor is a property holder and promised to pay after disposing the property, title deed is in favor of his second wife and step son.They are ready to execute a surety bond for the liability of the civil contractor.What kind of document to be executed towards security for the liable amount by the civil contractor.The property is pledged in the bank for RS.25 Lacks and the value of the property is Rs. 1 Cr.Please suggest me for recovery of the liable amount.
Thanks and REgards.

murugesanshanmugavel   25 June 2013 at 21:21

Rectification of settlement deed

is the settler a party to the rectification of the deed of settlement

Sreenivasa Rao. S.   25 June 2013 at 06:30

Registration of mou

Sir,

A memorandum of understanding was executed for recovery of Rs,20 Lacks from a civil contractor, by a trader. In future if the civil contractor fails to his commitment as mentioned in MOU legally what kind of action can be taken to recover. Is it required to register the MOU in the court for validation.