NIKHIL
19 July 2014 at 12:35
I want to ask that there was an agreement to sale between A and B for the value of Rs. 20 Lakh. Later due to a dispute the case went to the court. A suit was filed. Now A has shown the actual value of the property as 18 lakh and in actual it is the same. Now I want to ask that what will happen to the court fee of deficit amount. It will be better if you could tell me the court fee in all situation of the case and the laws involved
Vasudev
19 July 2014 at 10:00
i m explaining my case clearly.i got different views from different local advocates.
plz give me correct reply with explaination.
my grandfather died in 1995, without making will.he left ancestral property in a village of maharashtra state.
he had 3 sons and 4 daughters.my grandmother died after grandfather in 1999.
my father was eldest son of grandfather, who died in 2011.
my paternal aunts are all married well before 1994.
presently, on 7/12, ther r following names;
my father, two uncles, in main section and names of 4 dughters in OTHERS section of 7/12.
property is stil undivided,
tell me, what is the share of my father and share of my paternal aunts in this property?
thank you
Atul Kumar
18 July 2014 at 16:40
The attached file is an Exchange Deed. in this deed FSI area exchange with a land.
EXCHANGE DEED
1. MARKET VALUE : ₹ 50,00,00,000/-
2. STAMP DUTY : ₹ 2,50,00,000/-
IN CONNECTION WITH THE a Plot of Land in the Jaypee Greens Sports City admeasuring 21622.6 Square Meters (approximately 5.34 Acres) being Plot No.GH-B1, situated at Sector-25, Jaypee Greens Sports City, SDZ, Yamuna Expressway Industrial Development Authority Area, District Gautam Budh Nagar (U.P.).
This Exchange Deed through Assignment is made and executed at GREATER NOIDA, GAUTAM BUDH NAGAR on this _________ Day of July 2014, between M/s. P.A.R.Y. Developers Private Limited, (PAN-AADCP4564C), a company duly incorporated and validly existing under the provisions of the Companies Act, 1956 and having its registered office at 167, Sukhdev Vihar, New Delhi-110036, through its Director/ Authorized representative Mr. RAJAT DUA, S/o. Shri S.L. Dua R/o 6/2, Jangpura-B, Ground Floor, New Delhi-110014 duly authorised by Board of Directors vide Board meeting dated _______________ held at registered office of the Company (hereinafter referred to as the “Transferor”), which expression or term shall, unless excluded by or repugnant to the context or meaning hereof, be deemed to include its legal heirs, executors, successors and legal representatives) of the FIRST PART.
AND
M/s. Solitaire Realinfra Private Limited, (PAN-AACCH4156K), a company duly incorporated and validly existing under the provisions of the Companies Act, 1956 and having its registered office at D- 835, New Friends Colony, New Delhi- 110065, India (PAN-AACCH4156K), through its Director/ Authorized representative Mr. Harjeet Singh Sahni, S/o. Mr. Manmohan Singh Sahni, R/o. D- 835, IInd Floor, New Friends Colony, New Delhi- 110065, India (PAN No- AAWPS4765J) duly authorised by Board of Directors vide Board meeting dated 22.01.2013 held at registered office of the Company (hereinafter referred to as the “Transferee”), which expression or term shall, unless excluded by or repugnant to the context or meaning hereof, be deemed to include its legal heirs, executors, successors and legal representatives) of the OTHER PART.
Whereas the Transferor aforesaid is an Allottee/Sub-Lessee and in possession of a Plot of Land in the Jaypee Greens Sports City admeasuring 21622.6 Square Meters (approximately 5.34 Acres) being Plot No.GH-B1, situated at Sector-25, Jaypee Greens Sports City, SDZ, Yamuna Expressway Industrial Development Authority Area, District Gautam Budh Nagar (U.P.), (hereinafter referred to as the “First Schedule Property”).
Whereas, the Second Party is the absolute owner/Sub Lessee of a Plot of Land in the Jaypee Greens Sports City admeasuring 45389.00 Square Meters (approximately 11.215 Acres) being Plot No.GH-B2, situated at Sector-25, Jaypee Greens Sports City, SDZ, Yamuna Expressway Industrial Development Authority Area, District Gautam Budh Nagar (U.P.) (hereinafter referred to as the “Second Schedule Property”).
AND WHEREAS the Sub Lease Deed in respect of the First Schedule Property has been executed by and between Jaypee Sports International Limited & Transferor and same was registered with the Sub-Registrar, Gautam Budh Nagar in Book No.1, Volume No.13592 at pages 237-612 at Sl. No.15862 on 27.06.2013.
AND WHEREAS the Sub Lease Deed in respect of the Second Schedule Property has been executed by and between Jaypee Sports International Limited & Transferee and same was registered with the Sub-Registrar, Gautam Budh Nagar in Book No.1, Volume No.14745 at pages 71 to 136 at Sl. No.32715 on 27/12/2013.
AND WHEREAS the TRANSFEROR aforesaid has obtained permission to transfer the said Property in favour of the TRANSFEREE from the Yamuna Expressway Industrial Development Authority vide transfer Memorandum No._________ on DATED _______________, hereinafter referred to as the Transfer Memorandum.
And whereas the Transferor aforesaid has sold and transferred the above said Property in favour of the Transferee. That the Transferee give and transfer his right in Second Schedule Property in favour of Transferor to Construct FSI area 950000.00 Sqft. (88264.53 Sqm. approximately) as a Consideration in respect of the First Schedule Property and the Transferor have also agreed to acquire the same.
NOW THIS TRANSFER DEED WITNESSETH AS UNDER:-
1. That the consideration of the First Schedule Property has been settled to as, Transferee give and transfer his right in Second Schedule Property in favour of Transferor to Construct FSI area 950000.00 Sqft.
2. That the Transferor shall construct FSI area 950000.00 Sqft. on the Second Schedule Property and Sale/Transfer the said FSI Area.
3. That the both Parties aforesaid has assured the each other that the said Properties is free from all sorts of encumbrances such as charges, sale, lien, gift, pledge, loan, dispute, mortgage, litigation and attachments.
4. That the Transferor has transferred all his rights and interests in the First Schedule Property TO HOLD the same by the Transferee finally, absolutely and forever.
5. That the Transferor has handed over the vacant and actual physical possession of the First Schedule Property to the Transferee aforesaid on the spot.
6. That the both Parties aforesaid has assured the each other that Transferor is liable to make assured that the Transferee will be the confirming part of further Transfer/Assignment Deed which will be executed by Transferor as further Transfer of FSI area.
7. That the Transferee give only FSI construction and Sale rights in the Second Schedule Property to the Transferor.
8. That the Transferee is aware that the residential building on the above said Property is to be constructed with such area as is required to be counted as per the Rules and Regulations of YEA.
9. That the Transferee is entitled to enjoy the full rights of the said Property and is entitled to further transfer/construct the residential building on the said plot according to the bye laws of the YEA.
10. That the Transfer Memorandum issued by YEA is the part of this Transfer Deed and Transferee is bound by the terms and conditions mentioned therein.
11. That the Transferee shall be bound by the terms and conditions of the Sub Lease Deed executed between Vendor & Transferor on dated 27/06/2013 subject to the change mentioned in the Transfer Memorandum otherwise from time to time.
12. That the Transferee shall enjoy the lease hold rights of the above said Property for the balance period of 90 years from the Lease Deed upto 23/09/2099.
13. That the Transferee automatically would inherit all the assets and liabilities connected to the above Property relating to deviation made in building viz building plan approved by the YEA.
14. If the Transferee does not abide by the terms and conditions of the Lease Deeds and residential purpose framed by the Authority then the lease may be cancelled by the YEA.
15. That the vacant physical possession of the above said Property has been handed over by the Transferor to the Transferee. Hereafter, the Transferee shall peaceably and quietly continue with the possession and enjoy the same in accordance with the terms and conditions mentioned herein without any let, hindrance, interruption or disturbance from the Transferor or from any person in any manner whatsoever, provided the Transferee adheres to and abide by the terms and conditions of the said Lease Deeds & Conveyance Deed.
IN WITNESS WHEREOF the Transferor and the Transferee have set their respective hands on this Transfer Deed on the Day and month above written, at Noida, Distt. Gautam Budh Nagar, U.P., in the presence of the following witnesses.
WITNESSES:
1. (TRANSFEROR)
2. (TRANSFEREE)
srikanth
18 July 2014 at 15:48
My grand father(Mom's father)has 15 guntas of land in his village.
In that, he want to give 4 guntas to me because his sons are not looking him & am ready to pay him market value.
(That land is purchased by my grand father & it is not a gift or his parents property)
My question is
For registration
His sons signature is required or not
And please tell me the procedure registration can be made without is sons consent.
and further there should not be legal issues from uncle or from his son's
thanks in advance
riyazbasha
18 July 2014 at 12:07
Dear All ,
Iam married recently 10months . , but due to my wife forgery cases , my mother is saying that she will not give me single rupee , from property is is possible? Can u say me its truth in Muslim law ,
Sandeep
17 July 2014 at 23:36
My mother is married in 1985 feb 09, Her father died 2 years ago. her mother is alive(step mother, As her own mother died after giving birth to my mom and my uncle)My grand mother(present one) is having 3 sons on her own, So a total of 4 sons and a daughter(My mom) to my grand father.
A property of 200 yards is on my grandmother(step mother) name and 400 yards on my grand father's name. Which is totally earned by grand father.
He did not wrote any will before his death and not settled anything to my mother till date. 3 of my uncles are trying to steal everything without giving to my mom. Also my grand mother supports it.
My mother is the elder one of all 5.
My grand father bought all this property before my mother's marriage only in between 1975 to 1980 he bought this property.
My grand father died 2 years ago, Grand mother is alive.
Here my doubts are,
1.Do my mother have any right on the 200 yards which is earned by my grand father and kept on grand mother name(My mom's step mom)
2.Do my mother have any right on the 400 yards which is earned by my grand father and kept on his own name.
3.Can my grand mother donate her 200 yards to whom she wants to without my mother's sign ?
4.Will my mother considered as daughter to my grand mother though she dint born to her? My mother's own mother died when my mom is at 9 years so my grandfather did another marriage to look after my mom and uncle.
5. Is my mother having equal right on all property as my uncle's had ?
It will be very appreciable for helping me out of this, thanks in advance :)
Bhaskar
17 July 2014 at 22:56
Dear Sir,
My friend wants to sell his property in Bangalore. The property’s (30 *40 feet) market value is Rs 60,00,000/-. The same area’s guidance value is Rs.2500/- sq.feet. He has got one buyer and ready to buy at market price but he is insisting to register only at guidance value which is Rs. 30,00,000 (1200 sq * 2500). Buyer says he will pay Rs.30,00,000/- by cheque/dd and balance amount by cash. My friend has shortlisted another property of Rs. 75,00,000/- lakh and proceed of this sale is going to be invest there. Regarding this transaction we have following question
1) Can someone register property which is below market value (guidance value) ? Will it cause any issue for my friend either from income tax or from registration department?
Thanks in advance,
Regards,
Bhaskar
ravi singh
17 July 2014 at 16:46
Dear All,
My greetings for all.Please ans my qustion.
A house property has been morgage by person to NBFC.HE CONTINUE TEH DEFAULTING AND LOAN HAS COME OUT TO BE 20 LACK.WHEN COLLECTION PEOPLE REACH THE HOME .THEY FOUND THAT THE NOTICE HAS BEEN PUT ON HOUSE THAT THE PROPERTY BELONG TO PNB BANK.NOW THAT IS THE ONLY INFORMATION WITH NBFC,NBFC NOW WANT TO BECOME PARTY IN DRT, BUT SUCH NO CASES HAS BEEN FOUND AT DRT.PLEASE GUIDE WHAT HAS TO BE DONE?
vamsi
17 July 2014 at 16:21
Hi Experts,
We have decided to dispose our ancestral property. My grandfather has 4 sons and say A B C D.
A has Expired and has 2 sons say A1 A2. A1,A2 have agreed to sell
B has agreed to sell has son B1.
C has agreed to sell has sons C1 C2
D has agreed to sell and has a son D1
Basically my[i'm C1] father C is in India. All A1,A2,B,D have agreed to give Power of Attorney to my father C so that he can represent all during sale of property.
All A1,A2,B,C2,D are living in abroad.
Now issue is this. we grand children A1,A2,C1,C2 have decided to buy our grand fathers property for fair market price by paying the amount to B and D minus of our shares A and C. [ say value of property is 100 rs/4 shares= 25Rs per A,B,C,D. A1,A2 to pay 25 Rs to B &C1,C2 to pay 25Rs to D]
A1,A2,C1,C2 -> B and D
I would like to know how to get this entire deal registered so that there will be no legal issues in future.
1. we brothers A1,A2,C1,C2 would like to buy and keep the property as 2 shares.i.e A and C. How to get this registered. Can my Dad 'C' gift us[C1,C2] his share. Do we need to do this thing via registration?
2. During the registration , can we also mention that my cousin's B1 and D1 cannot claim for rights on their grand father's property? [ As their father's B&D have agreed to sell to us]
3. Do we need to get signatures from my father's sister who is alive? and from her children?
4. we [A1,A2] &[C1,C2] can enter into agreement for any constructions on that property?
Based on you experts opinion i would like to proceed. Request you to please help and guide.
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Unauthorised construction
Dear Sirs
We reside in a flat having 4 floors made and sold by builder
Now, Resident of 4th Floor/Top Floor is trying to make a construction for further harassment of the 2 floors without nay plan or approval.
We tried to stop them and even make a complaint in Police and concern Municipal Commissioner however no fruitful action arrived so far.
Now I want to go court to stay the illegal construction.
Kindly advise which should we prefer in Court. is it Suit for Injection along with 39 1/2 or other
Please help with a solid response
With Regards
Uday Kumar