Legal_Query
09 June 2014 at 16:26
"A" filed 138 NI Act case against "B". "B" failed to pay the amount under cheque hence "B" was awarded imprisonment and to recover the amount under cheque, court asked tehsildar to attach accused's property and auction it. in the auction "C" (auction purchaser) being the sole and highest bidder was successful. however "C" paid auction price directly to "A" instead of depositing the amount with the tehsildar. tehsildar executed the registered sale deed in favour of "C".
Now "B" is challenging the auction process as the amount was not deposited with the tehsildar court and was paid directly to "B".
Is purchase of "C" safe or is there any illegality in the auction process?
Thnks in anticipation of a response.
Satya
09 June 2014 at 16:22
Hi,
I am the owner of a flat in a gated community in Hyderabad, AP. Is there a law that everyone in the community must pay for the extra amenities like Club house and pool? I am ready to pay for regular maintenance of the gym equipment, etc. But usage charges by others need not be borne by me, I think.
Please advise.
Thanks.
Kunal Shah
09 June 2014 at 16:21
Hello Sir,
My father owns a house of nearly 4400Sq.mt. in very good area of our city. As its too old, the condition of house is now not so good. And we are not in a situation to afford the cost of re-constructing the house.
Our Soc. is Co-operative Housing Soc.
To overcome from financials issue and also to re-built our house, we thought to sell 50% of out total plot.
Out total plot area is nearly 4400sq.mt. and built-up area is around 1300sq.mt. Property Card contains my fathers name and also the Soc. Share certificate has my fathers name.
My Question is "Can we sell a part of our total plot area which may contain some part of built-up area?
As some of my relatives and colleagues said us that as it is Co-operative housing soc. you can't sell few of you share certificate and so on part of your house (and plot).
Can you please advice us. and if it is possible to sell part of our property then under which provisions we can do so?
Amit
09 June 2014 at 15:21
Dear Sir,
Greetings from my side.
This in relation to our flat in Mumbai purchased in the year 1981. Flat was purchased by my Grandfather in his name. STAMP DUTY OF RS.5 prevailing at that time was paid and the property was NOT REGISTERED.
My grandfather died in the year 1991 without making any nomination and without any Will.
My Grandmother died in the year 2001.
My Grandfather has 4 sons and 4 daughters.
There was dispute between the brothers for this flat. Sisters had no issue.
Now in 2012 the disputes between the brothers was resolved it was decided to transfer the property in name of my father(Age:61 with first name in Share Certificate) and one other brother(Age:71 and with Second/Joint name in Share Certificate).
2 brothers and all 4 sisters have given their Affidavit Cum No Objection.
The flat has been transferred in name of my father and other brother in the society and on the Share Certificate.(based on Transfer papers submitted i.e Affidavit Cum No objection, Death Certificate, Advertisement in Newspaper etc.)
Now the other brother(Second name in Share Cert.) wants to gift the property in name of my father (as per our internal discussion and some amount to be paid.). Further that brother is not having any child.
So my query is:
1. Should the property be first registered in name of both the brothers and then the gift deed should be made and registered.
OR
2. Should I make the gift deed first and register it and then register the property only in my fathers name.
Please help me with the best possible route from above or any other better alternative solution.
Thanks and Regards in Advance.
Hope to receive a positive reply.
shilpa das
09 June 2014 at 15:11
My issue is concerned with the applicability of Property Tax on "temporary structures" to the licensee holding a piece of land for the Land for setting up of temporary casting cum stacking yard to carry out pre-casting and pre-fabrication activities solely for the purpose of a Metro Rail Project.
The GHMC has slapped had issued a Property Tax Special Notice 2nd March 2014 Assessing the temporary structures of casting cum stacking yard for an amount of Rs.13,53,047/-
The concern is that how can we counter that the temporary casting and stacking yard are of temporary nature and can be removed after a specified period which has been given till 2015 and which does not attract property tax. As property tax can only be paid on the temporayy strutures
suhas ajmire
09 June 2014 at 15:00
resp sir this is suhas ajmire wants to ask one que , my mother plus her 4 brothers belongs a land in amravati district . and according to maharashtra land revenue code 1966. section 150 (2)has taken my mother signature at our living place in yavatmal district.they pressurised my mother to make signature.(in matathi hakka sodane).but as i know. hakka sod lekh patrak has been done register office on stamp paper with proper legal documents. so can i put a court case against them so that my mother wiil be 1/5 owener of the belongings property. ple give me suggestion thank u urs faithfully suhas ajmire
Mark
08 June 2014 at 20:49
Hello,
Our house registration papers had my name wrong on it, so my mother gave it to my uncle to change the name. Its been over a year now and he still hasn't returned them. He keeps avoiding the topic. I am afraid he has misused it in some manner. Is it possible that he can take advantage in any way? Like submit papers against a loan or something like that? Please help..
ts
08 June 2014 at 20:42
My father and uncle got a probate order from the court in 1998 which stated that they were entitled to Letter of Administration in respect of Will with subject to furnishing the following -
Estate Duty clearance
Valuation Report
Requisite Court Fees
Administration Bond and
One Surety."
My father and uncle did not fulfill any of the above said conditions laid down by the court regarding the Letter of Admin. as they were not in good terms.
Now 21 years have passed by -
1.Is the probate order still valid and can it come into force after the conditions laid down in the order be fulfilled.
2. Can we the legal heirs of our father alone without the legal heirs of our uncle approach the court to initiate the Letter of Admin.
3.Can this order be revoked by the courts in any conditions i.e. due to time barred limitations. or any other reasons.
4. If a property is sold before the obtaining of the Letter of Admin. will it be a valid transaction.
5. If the power of attorney be given regarding any property mentioned in the assets of the will it be considered a legal act.
Thanks ...
naveenraj jain
08 June 2014 at 19:43
i have purchased a property under sale agreement in 2007 and paid full sale consideration on various dates and built a compound wall and taken electricity for watchman shed. due to state govt restriction registration was stopped and not yet opened for this type of land ( revenue pocket) in bangalore. now the previous owner has issued a legal notice that my agreement is cancelled
stating that we have cheated them and it has expired for three years. also he has made a police complaint against me for trespassing.
sirs i have made payments by cash. last payments was made in july 2013.
kindly advice me into my rights.
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