Anonymous
23 December 2020 at 18:30
I wish to buy a residential land of 1440 sqft in a municipality of West Bengal. The present owner of the land purchased it in 2012 from the family members of previous owner(as the previous owner died in 2009; Family members:three sons and wife of owner). Among the sons one was minor(15years) and the sale deed was signed by his mother ( previous owner's wife) in favour of the minor. Now the minor is 23 years old. Present owner has also got mutation from municipality. Is there be any problem to buy this land from present owner? If yes then what should I do to tackle this problem?
umesh HALKAR
22 December 2020 at 17:01
Sir
Based on Munsipality E aasti documents can purchase property or RTC land records khata transfer also shall refer. Since New ownership name is not appear in RTC and old owner name not deleted as per latest rules at karnataka Local advocate not guiding properly.
Regards
Anonymous
22 December 2020 at 13:06
Hi Good Morning. I live in Ghaziabad, U.P. and owns a builder floor (Ground) in a three floor building. I have two queries.
1- Our water tanks are on top of building. 2nf floor owner says he has floor rights and he has constructed an Iron gate after 1st floor stairs which remains always locked. 2ndly he has build a shed on roof with half bricks, iron angle , Glass and plastic sheets. Whenever we have to check our water tank, we need to ask him to open the gate. It is very frustrating to beg for our rights. Many time they are on holidays and we do not have any way to look after our water tanks. Neither he is ready to give a key to us. What should i do in this case.
2- I have a separate Iron gate in front of my floor apart from a common gate for all floor. Usually we two (GF and FF) parked our cars in front of my separate gate but for last 10 years i could not open this gate the iron gate got broken due to corrosion. I built a new iron gate but now i want to use this gate for my day to day usage however, the FF owner not ready to remove his car. He says he also have share on this parking. The 2nd floor owner parks his car outside the colony gate. I tried convincing the FF owner that this is my our personal gate but he is not ready to understand. What should I do? Looking forward for your valuable suggestion.
Regards
TRS
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Anonymous
21 December 2020 at 09:20
Hi,
Myself and my wife (both residence status NRI) jointly booked a flat in Bangalore in one of the Prestige projects. We got the possession of the flat in Nov-2018. We could not register it because of we could not travel to India.
Now we want to sell this flat. Because this flat is not yet registered in our name, transfer of flat will happen from us to buyer within Prestige only, then buyer can go for registry directly with Prestige.
To start the process agent said we need "assignment agreement" to be signed between us and buyer.
Since we are not in India, buyer is asking for Power of Attorney who can sign "assignment agreement" document.
My questions are:
1. Can I give Power of Attorney to my friend living in Bangalore to sign "assignment agreement" because my parents are not in Bangalore? Will this be accepted?
2. If friend is not possible and only blood relatives can be given PoA then for me it's fine, I can give PoA to my father but can my wife also give PoA to my father (her father-in-law)? Does father-in-law is considered blood relative for PoA in property matters?
3. Since this is not the registration of the property and it's internal transfer within Prestige, do we really need to give PoA to blood relative? During this Covid time, I don't feel safe for my parent to travel from UP to Bangalore.
4. Can I use any registered property management company (who is currently managing my same flat) to sign "assignment agreement" on behalf of me?
5. Finally if I have to give PoA then for "assignment agreement" do we need to register the PoA in the local sub-registrar office in Bangalore?
Thanks.
Anonymous
20 December 2020 at 14:01
During the case hearing with Dy. Registrar instead of physical presence of purchaser of the flat we had submitted the Notarized Affidavit of the purchaser duly signed and registered by the notary. The respondent advocate is refusing to accept the affidavit as evidence on the ground that it is not valid and legal document. According to him it can be easily obtain by any one from any court. We argued that Notarized Affidavit is a legal document and it is accepted even in the High court and supreme court also. please advise
Mohammed Rizwan Shaikh
19 December 2020 at 19:22
Respected Experts,
My Society procured Unilateral Deemed Conveyance Order-cum-Certificate. The land-lord challenged the same in the High Court. The Hon'ble Court passed the order in favor of the Society and confirmed the order of DDR. Thereafter the Society applied for Stamp-Duty Adjudication of the Flats with the Collector of Stamps. The Stamp-Duty were duly paid by the Society Flat members. Thereafter, the Society submitted documents enclosed with the draft Conveyance Deed with the DDR for the signature/execution of the said Uni. Conveyance Deed. The DDR endorsed his signature on the Uni. Conveyance Deed on 18th February 2020 and directed the Registrar for the Registration of the Uni. Conveyance Deed. Since, March 23, 2020 the lock-down started. As the Conveyance Deed was with the COVID patient, the Society was not able to submit the document on time for the registration. After getting the document from the COVID patient the Society handed the document to a consultant wherein he delayed the submission. The Society took back the Conveyance Deed from the consultant. The Consultant informed that a Deed of Confirmation will have to be executed along-with the new draft of the Conveyance Deed.
Please Note:
The Stamp-Duty has been paid, the Collector Office informed only 100/- stamp duty will have to be paid.
Please advice:
(1) In the Confirmation Deed, do I need to enclose the Original Conveyance Deed along-with the new Draft of Conveyance Deed.
(2) In the Confirmation Deed, do I need to mention entire history along-with the Exhibits or without Exhibits as the exhibits will be attached with the new draft Conveyance Deed.
(3) The Confirmation Deed will have to be executed between DDR and Society, right?
I would certainly appreciate if you respected experts help me with the format and share your advice on this issue.
Regards,
Mohammed Rizwan
Anonymous
19 December 2020 at 18:15
My mother owns a plot near Chennai. Due to her sudden demise, we are planning to transfer the property to my name as I'm the only child to my parents. She has left no WILL. We have got a legal heir certificate with the names of my father and me. I would like to know what is the procedure to transfer the property to my name along with an option for my father to inherit the property in case of my death. Will this procedure require any amount? Where this procedure has to be done as the plot comes under Avadi province?
VIJAY NAVALE
19 December 2020 at 11:00
Since 1942 our ancestors were cultivating the land and is still in our possession.
on 7/12 extract, my fathers name along with our other members of family is registered as a Saurakshit Kul.
This land was purchased some where in 1935 by a Baburao Sadashiv Jadhav and registered his CAST as Maratha.
Now suddenly in 2020 we realised that Nomination is registered on this property without our knowledge
Please guide us on the process to be followed
Arun
18 December 2020 at 16:44
Dear Experts,
Im planning to sell my apartment in Chennai. Its an 5 flats apartment. Currently i dont a patta in my name. My flat Neighbours are not showing interest to apply for Joint patta. Is it possible to sell my property without patta. will there be any issue at time of registration. I have all other document like, sale deed, construction agreement everything in my name.
Kindly advise me on this.
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Agreement validity on 100rps stamp
Hello,
Please help me on below issue,
We are planning to buy a house and have agreed with owner on 100rps stamp mentioning that should register the house on or before 3months period. BUT actually 10months back the other buyer have agreed to buy a house within 3months period. Due to financial reasons, he is not buying that house and so we are buying it now.
Actually old buyer have two agreements with house owner,
1. For bank loan
Which is returned to owner and owner also returned his advance amount.
2. One agreement as per market value
Not sure, where is this agreement now. Actually we and house owner requesting old buyer to sign on cancelation agreement but he is not ready to sign now (as per agreement he should register house within 3months but as said due to financial reasons he don't want to buy it now)
Old buyer is not ready to sign in cancelation agreement and he is not ready to buy a house. Suppose if I can proceed to buy this house and register in 2months. Is there any problem with old buyer?
Please suggest how I can proceed to buy this house or shall i drop?