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

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anmbit   20 May 2014 at 19:33

Property registration

Dear sir/madam

I want to register my flat to my mothers name but my mother dont have Pan card and bank account can i register my property to my mother name or not ? please advice me thanks

Anil Kumar   20 May 2014 at 15:52

Chain of title complete, but not completely transparent!

I am looking forward to buy a house (on freehold land) in Jaipur, Rajasthan. Please consider the following facts:

1. The patta of the land was made in the name of Mr. A (suppose) in 1945. The land is around 50000 sq. ft. in area, and today around 30-40 houses are built on that land. Patta wasn't transferred to anyone later on.

2. My selected house is one such house on that land. The second document in the chain shows that the sons of Mr. A have sold the land to subsequent buyer, and that document is registered. But there is no document of transfer from Mr. A to his sons (a problem according to bank's lawyer).

3. The fourth buyer was Mr. B (suppose), and after his death, his 3 sons made a notarized declaration that since Mr. B is dead, the property is now in their name, but there is no registry of such declaration. Also, Mr. B had 5 SONS (all are alive currently), and there is no mention of the other 2 sons in any documents!

4. The fifth buyer is the one from whom i am trying to buy. He bought the property in 2003, and took a home loan from PNB bank on the basis of the same documents. But, it might have been easier for him since the manager was a friend of him.

Please advise me whether i should buy this property or not? By the way, the HDFC bank lawyer told me that there is no way i can get a clear title of this house. But, a local high court advocate told me to give a public notice and then no one can claim title to this house in the future.

NOTE: I already own a house in the city and currently living in it. I am so much interested in this particular property, because it will prove to be a good investment and also the rental income will be decent from it.

Please read the complete question before answering, and Thanks in advance, since the experts will reply within very short time, and that is just awesome on their part!

chandrakant   20 May 2014 at 13:44

Issue in purchase of giftdeed property

Sir,

I am in discussion to purchase a old house.
History:
(1) X (muslim comunity) has purchased this land in 1995 thru sale deed.
(2) x has built 2BHK house on this property in 2003
(3) X has gifted this propoerty (land+house) to his mother, sister and brother in 2007 thru registered gift deed
(4) X's Mother expired in 2010
(5) property is not yet tansferred to brother, sister anf Mother in water bill, electricity bill, 7/12 and in property tax bill.
(6) Now they want to sale the property. All Family members are ready to sale property.
whether X can sale property after revoking his gift deed?
or his brother and sister need to sale property after upadting their name in 7/12, property tax etc..
How his Mother's share need to be handled as she is no more?

AK New Delhi   20 May 2014 at 13:39

Land acquisition

I own 5 bigha land in UP and the Section 4 of land acquisition act has been declared on this land.
1. How much compensation will/ should I get as per the new law?.
2. Can I individually file a letter of acceptance of the declared compensation to the UP government and collect the compensation?
3. Is there a possibility that the government may withdraw the section 4 at any point of time?


Amit   20 May 2014 at 08:56

Bhogwata 1 & 2 (7/12 extract)

Dear Sirs,

We have a land, the 7/12 of which mentions entry as Bhogwata 2. Somebody has told us that it cann't be sold unless it is transferred to Bogawata 1.

can you please guide me if this is so? If so, how much time, money need to be spent for making the change to Bhogwta 1.

Cann't I sell it to a potential buyer who is ready to buy under Bhogwata 2.

Please guide.

Thanks,
Regards,
Amit

RAMESH BABU   20 May 2014 at 08:25

Publlic charitable trust

is court permission is required to sell the property of a Public charitable trust.

sudarsan sam   20 May 2014 at 06:15

Can i file execution petition after fulfillment of the condition.

Hai experts,

you are telling it is time barred. On what basis it is time barred? The condition not yet fulfilled. Kindly guide me if i can file a execution petition how much time it will take?
Can I file execution petition. The decree came in 16th December 1982. I am one of the plaintiffs.

Saramma (my grand mother) alive and she not remarried any body.

It is decreed that the plaintiffs are the owners of the plaint “A” schedule properties and they are entitled for the possession of the same after the life of saramma(my grand mother) or her remarriage which ever is earlier.

sandykrish   20 May 2014 at 00:39

society site

Hi learned members,

We have purchased a society site from one of the central government house building society. The site was first alloted to the member and from the member we had taken the site without
verifting document.

In the original sale deed done during 1993, the root is reflecting as one of the property is aquired by the way of GPA apparently our site number is not relecting in the GPA document but the land document has been registered to the first member and all the taxes have been paid by the first owner and us. We have bought this land during 1999 and constructed the building and in posession of the land and building and paying taxes regularly Since 2002

The Khata copy and munciple document is in our name since 1999. Does the original owner who sold the land to society by the way of GPA has a right to claim the land that this site and building belongs to them? Will we have any legal holding in this regard?

All the EC is reflecting as the Original owner selling to society mrmbers and inturn society members registering to the first mrmbers and member in turn registering this in our name.

Does the GPA has any role to play since the GPA doesn't have our site number?

Are we the absolute owners of the site?

Desiraju Venkata Sai Nath   19 May 2014 at 23:30

Gift settlement

Is a deed cancelling the earlier gift / settlement made in favour of a society be valid if executed by the members of the society

Deepak   19 May 2014 at 23:27

Agreement of sale.

Hi,
This is indeed one of a complex(puzzling) case.
---------------------------------------------
In the process to buy a site(plot), I have prepared an Agreement of sale and approached a Nationalized bank for composite loan.

One of the clause in the Agreement is as following.

The parties agree that the contribution made by the purchasers are in following manner.
A = 25%, B = 25%, C = 15%, D = 25%, E = 10%, the entitlement of the property shown shall be as per contributions made.

Note: A,B,C,D,E are Girl , Brother of A, Husband of A, Father of A ,Father-in-law of A respectively.
-------------------------------------------

The problem is,
1. bank has raised in objection in the last minute on above clause stating each purchaser should enjoy equal percentage rather then above mentioned %age.

2. I have already paid a 0.1% of registration amount as stamp duty, so I do not want to prepare a new Agreement of sale.
3. I do not want to remove the % clause as each have genuinely contributed for purchase.

4. My intention is to maintain a 50:50 ratio between parties (A,C,E)as one unit and (B,D) as another unit.

I play a the role of 'C' in the above matter.

Please guide what should be the clause of supplementary Agreement of Sale.

Anticipatory Thanks,
Deepak Sah