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

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Binay Kumar Mishra   15 August 2014 at 11:36

Bakshisnama will be cancelled or not

sir,
i am binay kr mishra from patna,my father have some land in his native place(chapra)and all land was bakhishnama by grandfather to father through court in 1989.last year my uncle sold some land to a person who is gunda.and my father suit case against him and uncle Sec144,sec107,Sec188,civil case,and Sec 420.and Sec 144 result SDO given to my fater favour.but my question is that bakhishnama will be cancelled or not because uncle told to my father that bakhishnama was cancelled

Shaji   15 August 2014 at 07:21

Change in registered document

Dear Sir,
This is with regard to an ancestral property of my mother. My aunt (mothers sister) and my uncle (mothers brother) have entered into an agreement which is registered in the registrar office stating that my aunt is willing to sell the share property of hers to my uncle for an amount prevailing at the market rate.That was done when they were in good terms. But now my uncle , his wife and my aunt are not in good terms, therefore she wants to nullify the agreement made. What steps should she take and who all are required to be present, since my uncle is out of the country.

pushpakrishna   14 August 2014 at 23:03

Ror appeal.

dear experts,
a person hailing from A.P. had some land and in 2002 went for his livelihood to some other place. A personal fraudulently got register the land in 2003 and got mutated in the Revenue records. now the person came to known in 2013 the same.now the person wants to appeal before the Revenue divisional officer as he is the Appellate authority. is there in LIMITATION problem?kindly advice in this regard.

Anil Kr Garg   14 August 2014 at 16:59

Compensation for acquisition of right of use of land

Govt has issued a notification in Sept'12 for acquisition of RIGHT OF USE of our land for the purpose of laying their pipeline for gas. Actual work has not commenced on the project as yet. I am advised that they will give us compensation being 10% of the govt guideline value of the land area being utilised for such pipeline while theoritically, land will continue to remain ours, and we will be allowed to keep using it for agricultural purposes only.

Meanwhile, new land acquisition law has been enacted in 2013 offering 2/4times the market value as compensation and necessitating consent of 80% people.

My question is, will this new law be applicable to our case? Will they need consent of 80% people to take of LAND USE and lay their pipeline? Will they be obliged to pay 2/4 times the market value as compensation for land so acquired?

Kindly advise.

Dinesh   14 August 2014 at 15:37

Regarding nomination

Dear Experts,

I want to nominate my wife for our house. I want to know if I can write in the nomination form separately that in the event of my death and that of my wife , the share, title and intrest should go to my son. In the nomination form, I want to nominate the full property for my wife and only on her death for my son. Is it ok to write on a ready printed nomination form a handwritten note to nominate my son in the vent of death of both myself and my wife. My son is a minor currently.

Thanks in Advance for your expert opinions.

Shankar Mohan   14 August 2014 at 12:09

Transfer of property on death of husband to wife and selling

I have the following query:
My father-in-law bought a flat in Dombivili in the year 1990. He passed away one year back in an accident. He has mentioned his wife's name as nominee in the society application as well. However, the property was not registered (even the agreement was not done with stamp duty). But the society is very understanding and told us that they can transfer the flat to my mother in law's name after submission of supporting documents.
Now my queries are as follows:
a. Is Death certificate enough or should it be certified by a notary? (My father in law died in his home town in Kerala(South India)- infact this notary idea was suggested by the chairman of the the co-op society in Dombivili (he stated that he isn't aware of the legal formalities much)

b. What other documents are required for property transfer on death to widow?.

C. Would a registration be required for the flat on property transfer(as it was not registered before) and also should we pay any stamp duty?.

d. If we want to sell the property in future (say within an year or so), what are the legal implications and what formalities are required for this procedure. Should a new agreement be made for transfer of flat to my mother-in-law's name and then make a sale deed with the buyer and seller(my Mother-in-law).

Please advise.

Thank you
Best regards
Shankar Mohan

Kakoli Roy   14 August 2014 at 11:29

Eviction

Our landlord had filed an eviction suit against my husband with the plea that he needed the space for his own use. The court constituted a commission which looked into the matter and said that he had sufficient space and did not need our space. As soon as the commission filed its report with the court, the landlord withdrew that case voluntarily.
Subsequently, he has filed another eviction suit on same terms with the same court but before a different judge. Again, a commission has been constituted.

Can he do this? Does it not amount to harrassment? What remedy do we have?

mehul   13 August 2014 at 22:24

Rectification of sale deed/ccorrect documentation and procedure

I intend to buy a property and during checking the sale deed I found that the link document is wrongly mentioned. On (EC) encumbrance search the correct link document is mentioned, I have taken certified copy of that link documents and all THE DETAILS ARE IN order. Now I have to get the sale deed rectified and the person selling the property to me is residing abroad and the party who had sold the property to him is in India.
I have inquired with the registration office and they say that the vendor presence is enough for registration of rectification deed. But I have heard that legally both buyers and sellers should be present. kindly enlighten correct procedure and can a GPA or SP be taken from the person staying abroad to complete the registration of rectification deed legally with out any scope of problems at later date for taking bank loan ,resale, etc.

Kindly mail to mehulbpatel@hotmail.com



Vipesh   13 August 2014 at 18:28

Two landlord claiming to be owner of the building

Hi

We live in a Tenanted Flat in South Mumbai.
There are two landlord claiming to be the the Owners of the building.

Both the Landlords have filed a case in small causes court against us for payment if Rent & Eviction of our Flat. We are fighting in the court against both the Landlord. Both the Landlord are also Fighting the Case in High Court Mumbai for Possession of the building.

My Question is

1) How is it possible that Small Causes Court accept the case of both the Landlords against us since the property itself is in dispute.It is disturbing us since we have put money separately to fight both the cases.

2) Can Small Causes Court dismiss our both the cases since the High Court is yet to give its decision on who is the owner of the property

3) Further both the Landlord are harassing us to give Irrevocable Consent since both of them are interested in redevelopment of the property.

4) Both of them say they if we give them Consent they will withdraw the case. Further they are also harassing us by making false complaint against us in Police Stations for stupid reasons

5) How should we pay the Rent in this case

6) Can you advise on some good lawyers in Mumbai practicing in Small Causes Court South Mumbai

Thanking you for your Advise


kulwant singh   13 August 2014 at 15:26

Property in the name of minor

I am planning to buy a residential flat which is registered on Minor name(Daughter) and father is Guardian of her. Her father now planning to sell the property.
I would like to buy that property and register that on my name. Can you please let me understand the following things,
1. Can I buy the property without any legal issues from a minor?
2. If yes, What all things I need to verify?
3. If I buy the property and register that on my name - Do I need to face any problems once the minor becomes major?