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

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naveenraj jain   22 July 2014 at 21:31

property owner expired

Respected sirs
A property situated in Bangalore. Mr.A gifted this property to his son mr.B thro registered gift deed. B later after expiry of mr.A gave the gift deed documents as colateral security to bank on behalf of Mr.C. Mr. C has defaulted the loan. During all this Mr. B died without any will. Loan was taken eight years ago. Mr. B expired three years ago. Surety of documents were physical not registered as loan. Encumbrance reflects no entry of loan from bank.
Now the bank people are persuading the family to vacate or pay the loan amount. Mr. C is hopeless and pauper now. What rights do the LR' s have with regard to right in this property and any solution on this from this platform will be grateful.

HARENDRA S SINGH   22 July 2014 at 18:08

Performance law

Dear Sir

What is performace law?

Regards
Harendra

Rama   22 July 2014 at 10:48

Gift deed

My brother has gifted me his flat which has been registered and Stamp duty paid.

The Committee members are harassing me by saying there is something to be corrected in the deed ..... and not entertaining me to transfer the share certificates on my name and include me as a member..

What do I do?

By the way I have issued a cheque of Rs.500/- as membership fee and Rs.100/- as admission fee.

Hope this is fine.

Thanks,

Amit   22 July 2014 at 10:36

Distribution & sale of land

Dear Sir,

We have ancestral land at our native place.

We want to sale it. The land is not properly divided as of now. We are ready for the proper distribution and further sale. One member from family is against sale of the land while three wants to sale it.

According to him, first right to sale belongs to him. Is this right ? He is ready to purchase it as per ongoing rate in that area which is very low. An outsider is ready to buy it at a higher price. But our family member insists that we have to sale that land to him only and has filed an application with the respective court of law for which we got a letter from him.

My query is - Is there any law that makes it mandatory for us that the land must be sold to him even if he is giving low price or can we sale it to outsider party who is offering good price.

Thank you for help and co-operation,

Regards,
Amit

isha   22 July 2014 at 10:22

property transfer to secondwife's daughter

My uncle married 2 nd wife after 3 years from the 1st wife passed away due to health issues. 1st wife has 1 daughter and 2nd wife also has 1 daughter. Does 2 nd wife is legal wife Becoz 1st wife expired then only he married 2nd wife. Does both the daughters hav equal rights on property? My uncle has 5 acres and he did "stridhanam"(gift 4 marriage) to 1st wife's daughter. He didn't give anything to second wife's daughter. Does she can get half of the land?

TREVOR   22 July 2014 at 08:30

Builder delaying giving us possession of our flats

I have invested in a property (3 BHK) apartment in Mangalore. The Builder seemed at that time to be of good reputation and is based in Bangalore. He floated this project about 5 years ago and I joined in & invested in this 3 BHK flat more than 3 years ago.

All the owners, have virtually paid up 95% of the cost of the flat,as the building is almost complete., we have got Electricity & Water connection. The following jobs remain pending.
1) The commissioning of the Sewage Treatment Plant
2) Installation & commissioning of the ST By Generator
3) Installation & commissioning of the 2 Elevators.
4) Fixing of all Gym equipment as per rules.
5) Various minor defects that need to be fixed once they are pointed out be each of the flat owner inside their flat.

Despite all these deficiencies, the Builder has gone ahead & requested the Municipal Corporation to provide the "Occupancy Certificate" they have done this almost 12 months ago & the corporation has rejected.

The Builder is pressurizing each of us to take possession of our flats in the present state by paying all outstanding dues which includes the remaining 5% + car Parking + KSEB dues+Water Connection charges etc:-

All the owners have got together and rejected the Builders proposal & insist of complete the pending jobs & immediately we shall take possession & register our flats.

There seems to be a stalemate on both ends, & all correspondence has stopped with the Builder. Some of us are planning to send him a legal notice, but the advocate whom we have contacted states that the agreement that most of us have signed is one sided and is in favor of the Builder and he sees no hope in pursing the case. There are some of us who do not have any agreement but rather only an allotment letter was given to him at the time of investing. The advocate says that in this case there is hope & chances of getting your investment money back with 18% interest is possible if matter is filed in the Consumer courts / civil courts.

Please- we request you for your expert advise in this matter.

Mayank   21 July 2014 at 22:56

Loan against rental income

I have a property(perpetually leased from Government) on which I have constructed a building and rented out a part of it to a Government Institution Office and other corporate offices of repute, hence earning a decent rental income. Currently I am in need of a Loan for business so can I get this loan using the rental income as security since I am not the sole owner but just a lessee of the land(though perpetual lessee)?

Mayank   21 July 2014 at 22:49

Loan against a perpetual lease hold property

I have an ancestral property, the leasehold rights for which were given to us by the government of U.P. The lease is perpetual in nature and free of rent. Currently, I am in need of a loan to start a business. My question is if I can get a loan somehow against this leasehold property. Will the bank accept it as security?

raghavendra   21 July 2014 at 19:36

Land registration

sir,

i wanted to purchase agricultural land in rural area in karnataka, i belongs to agricultural family,

land is a ancestral property, father has two wife each wife having five childrens,

first wife has 2 sons and 3 daughters, property is in in the name of one son agter partitions, 3 daughters are settled down in USA,all daughters cannot come to sign the sale deed, how to execute the sale deed any alternative idea to execute the sale deed without daughters signature, since property is partitioned, is that mandatory to take signature of daughters,if yes can notorised power of attorney done in USA is valid, because they cannot personally come and sign,


thanking you

Krishna A Jasani   21 July 2014 at 16:17

Query regarding landlord-tenancy

Dear Sir/Madam,

I am the landlord of a building in Town,I have given a part of my premises for office use Mr.X,for rent.
Mr.X has been using the said premises for 15 years,So now my tenants wanets me to transfer the ownership in his name for a amount of Rs30000/- when the actual value of the flat is more than a crore,more over he is ready to pay the stamp duty as per the market value.

however I want to know that will I be liable to pay any price or tax as this is a mere gratituos tranfer BUT NOT A GIFT.
Will you please tell me which act and section is applicable in this case.
Awaiting your response.