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

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Amish   11 May 2014 at 12:40

Registration of property

We have purchased a flat in Mumbai, Andheri in the names of me, my mother and my brother in 1997 and paid stamp duty as per the agreement but not registered the same. In 2006 my mother gifted it to me and my brother after lump sum consideration gave to my wife as per mutual understanding via gift deed on 500 rs stamp paper which was also not registered. The names on the share certificate also changed in the name of me and my wife.In 2008 under amnesty scheme we registered our 1997 agreement. But 2006 gift deed was not attached to that. Now what is the solution to make 2006 gift deed registered? Is it necessary to get it registered? Please advice.

Rohit Gadsing   10 May 2014 at 18:29

Specific performance agreement

Agreement to sell executed & notarised on 10.08.2013 on 500 Rs stamp paper
Buyer paid More than 90% of price by crossed cheque by the end december 13
Buyer on 15 jan 14 approached seller for registration & both decided to registered it on 20 feb 2014 & on 15 feb 14 buyer paid stamp duty & registration fees.
On 20 feb 14 seller came to registration office and refused to sign and asked for extra amount over above sales consideration price as stamp duty valuation increased by Jan 14.
In such case what are the remedies available with buyer as seller is not ready to any compromise & amount he is asking for is quite high which buyer can't afford to pay.

Rohit Gadsing   10 May 2014 at 17:34

Property transaction not getting reistered

We have entered agreement to sale with seller for buying shop property. But it was not registered but notarized. I(buyer) have paid 90% of sales consideration price (paid by crossed cheque). & also paid requisite stamp duty & registration fees.& I(Buyer)am/is also ready to pay balance on registration.I/Buyer also have/has the possession of shop(property).
Document was presented to SRO for registration.My /Buyer's Photograph has been already taken by SRO & Dast no is also allotted to Document.But Seller at the time of registration in SRO refused to Sign & take photograph & ask for extra amount for income tax as Stamp duty valuation increased by Jan 14 new reckoner which is now more than actual consideration.& Tax is payable on Higher of two.But Agreement to sale does not have any such a clause for payment of tax.
In the above case,what are the options available to buyer ?
Will buyer face any difficulties?& what (if any )?

Ajit Aursang   10 May 2014 at 15:46

Dispute for road

Sir,

My mother is has been transferred a property by his brother before his death by a deed. But that property was in common between my mother's brother and his uncle. Later after 4-5 years that uncle has also sold the property belonging to him the 3rd party and later in 4-5 years that 3rd party has also transferred the same to another. But while selling to the last party they sold it with out leaving the place for us to get to the municipal road and also there is no private road allotted. Now that last party who has purchased the property (i.e. purchaser of my mother's uncle's part of property) is telling that we have now way to get to the road and they want to demolish the existing the old building and to reconstruct the same also by blocking the entrance for us too. As it is a old property we also don't have any other entrance (i.e. blocked from east, north and south and also now by the west).

What is the solution for this please clarify my with the Sections in law with which i can get the road or entrance to the road?????????????

Please clarify soon


RAJAGOPALAN NAIR   10 May 2014 at 13:05

Right of way

Sirs,
Our Housing Society in Mumbai is about 12/ 13 years old. No conveyance is obtained.

The builder installed the Water Pump House about half a kilometre away from our building and from there we pump water to our building situated on comparatively higher area. When the builder installed the water pump on the other property, both premises were owned by the builder.

Now the builder constructed a building on the other property and soon society will be formed. We met the builder and asked him if the society is formed, they may not allow us to operate the pump house as it is situated in their property and they have a separate water tank for their use. Builder said he will make an agreement with the new society for right of way before formation of the society. My question is:
(I) Will this Agreement valid and if so how long.
(ii) Can we use the Water Pump facility permanently on the basis of the Agreement. (iii) If not what is the remedy available.

Pl advise us since after the formation of society, they may take objection and ask us to shift the water pump house to our own premised and builder will not interfere and will say that I have handed over the building and you sort it out with the society. Thanks & Regards.

lsingh   10 May 2014 at 10:32

need agreement to sell

I am purchasing an under construction flat in noida. and one of the documents asked is agreemet to sell. do I need to make this agreement from noida only?? and who can I go to ask for the help on this.

Thanks
lucky

geeta   09 May 2014 at 16:46

Agriculture land at maharashtra

My grandpa having land at Maharashtra.He was having 2 daughter and 3 son.all got married. one daughter after marriage, died. but she is having children. and other daughter(my mom) is staying with us in other state.

My grandppa died long back.
All 3 son divided the land among themselves without any information to others.

Some villagers/neighbors informed us that the 3 son has divided land between them is not registered. and they have to give equal portion to both daughter also.

The daughter is having right to claim the portion in that property?

Please suggest for same.


john k   09 May 2014 at 16:21

gifting land

Hi ..! I want to gift a property in khas land to my brother . For that do i need to execute a sale deed and get it notarised or registered ? Or normally execute in a plain paper/ stamp paper. Would be greatful...!

paarthsaarthy   09 May 2014 at 14:11

Registration of rent-lease agreement upto 11-months in delhi.

Is it mandatory to register rent-lease agreement for upto 11-months in Sagar Pur, Delhi. Who will pay landlord or tenant in such case? Department of Revenue says it is deed upto 1 year is compulsory. Various articles of web points to other direction.

vinayak   09 May 2014 at 13:29

Ancestor property

Property (House) is in name of my Great Grand father. He died intestate. There are several rooms in that House and occupied by members of family separately. Now I want to transfer my room in my name.

What is procedure to transfer the said property.

Hon'ble members, please advise.