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

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Rutam   10 February 2012 at 18:03

Agreement of sale

I am selling my house @ Hyderabad to a lady, who is H1B VISA HOLDER in US. She is giving "power of Attorney" (which is signed by Notary in US)to her father in Hyderabad.
My questions are 1) With recent change per sup court, what precautions I need to take as it INVOLVES power of attorney? 2) Is there a format for agreement of sale for such a transaction? 3) Can I accept money from her US bank account? Any precaution?

Urgent help will be appreciated

Sonu   10 February 2012 at 17:57

Imp documents to verify to buy dc converted land

Dear Team,

I am looking forward to buy a property in Bangalore, which is DC Converted land. The That particular land falls under two village's (A & B) which is segregated by survey No.'s. The property which we are looking forward to buy is under a particular survey No. which falls under vilalge "A". But our site Khata and site no. details is mentioned under Village "B" book. On asking for clarification the developers have given us the written statement which is undersigned by their legal team stating that this information is wrongly mentioned in the book "B".

Can somebody suggest what is the right way to verify and whom to be contacted.

regards
Sonu.

Arjun Jaganathan   10 February 2012 at 16:06

Tenant property under auction

My client is carrying on restaurant in a prime locality. The landlord of the particular building has mortgaged the property has availed a loan. He failed repay the bank and the property is about to get auctioned.
1.How do i protect my client who has taken the building for rent.Can he file a suite in the civil court so that he is prevented from being vacated even after the auction?

2. Should he get a stay for the auction.?

tapovardhan   10 February 2012 at 13:29

Acquiring obc property in jharkhand

There is a location in Jharkhand near Tilaiya where nearly all properties belog to OBC category.

We need to start some industry in the area. This requires land. There is state government notification that OBC land can be purchased and mutated by another obc only from the same district.

Please advise on the teenability of the following:
1. I get a "FRIEND" obc.
2. Friend OBC buys the land.
3. For this, I lend the money to Friend obc at 12%
4. after mutation, friend obc leases it to me for 33/99 years on monthly rental with irrevocable POA for subletting for the period.
5. Or i make friend obc a minority partner who contributes land for the factory at say some 5% or 10% share.
6. Is above arrangement legally sustainable??

Arati Gawde   10 February 2012 at 10:40

Re : deemed conveyance

1. What is deemed conveyance ?
2. What are the procedure require to follow to get deemed conveyance ?
3. Who are the authority for the same ?

M Zakaullah   10 February 2012 at 09:50

Property distribution not happed in 24 years

Dear Legal Experts,
My father - Civil Surgeon (In Bihar) had 2 wives. 4 sons from 1st Wife and after the death of 1st wife, my father married 2nd wife after a gap of say 5 years. From 2nd wife were 2 sons and a daughter. I am youngest of all i.e 6th son. My father expired in Feb, 1987 without any will!
We belong to muslim community and myself (living outside Bihar for last 24 years) married a hindu girl through Court marriage in Pune in 2009. Since then, we are not accepted by any of the first four brothers.
Regarding property distribution, my eldest brother who lives outside Bihar is not interested and does not take the responsibility to share the father’s property nor is he interested in claiming it.
But the other 3 brothers (2nd to 4th) is enjoying father’s property since 1987 and have sold many pieces of land without the consent of any of the brother nor informing my mother who is alive. 2nd brother is mukhia in village and 3rd & 4th brothers are teachers in Araria & Karjain respectively.
My father has property in Purnia, Araria and in village (All in Bihar). 3rd bother captured the property of Araria & Purnia. 2nd & 4th brother has captured the land in Village.
I told my own 5th brother that you take care of my property on behalf and sell it if needed. When my own elder brother (5th) approached other 3 brothers for property distribution, they say that I am no more part of the family members and I will not get any penny out of it. Ironically, they were never interested to share the property even before my marriage with the hindu girl. Now they have got an excuse that because I am married a hindu girl, I will not get any share.
For the past 24 years, my mother tried and requested all the 4 brothers to divide the property and also requested 5 members of our father’s relatives who were responsible to share the property after he expired. All five members are alive today and support 2nd, 3rd & 4th brothers in village because the 2nd brother is mukhia of the village.
The three brothers did not start the pension for my mother after death of my father till date. The three brothers are having all the necessary documents with which pension could have been started for my mother but they did not do so and also not willing to share documents. One brother says its with other brother and vice-a-visa.
Request you support/guide me ways in getting my share of my father through 5th brother and what are the procedures to do so. Also please advise how to start pension for my mother.

GOPAL PALOD   09 February 2012 at 22:10

Tenancy rights of rented business premises after death of father

My father used rented premises for running his proprietory business. After his demise & as written in his will his proprietory business was converted into a partnership firm in which we 4 brothers became equal partners. However we only two brothers were running the business of our father & remaining two brothers were sleeping partners. My question is out of we 4 brothers who will legaly inherit tenancy rights of the rented premises.

pawan kumar   09 February 2012 at 16:17

Agreement to sell

ihad entered agreement to sell plot of land on 09/11/2009after accepting 30%as advance.it was unregd. agreementand it clearly spelt that advance paid will be forefeited in case buyer fail to make balance payment and get registry done buyer was to make balance payment as per terms of agreement on or before31/03/2010 and get sale deed executed in his favour.but he did not turn up and i got my attendance marked with registrar.on03/04/2010 he made some additional payment and got time extended for registry to30/04/2010.he again didnot turn up i again got my attendance marked with registrar. in june2010 i sent him legal notice giving him another chance to get registry done failing which his money will be forefeited. he didnot bother. now whatis the legal position. can isell plot of land to some other person.what legal recourse buyer can adopt

vinod sharma   09 February 2012 at 14:30

Attestation

a person filed a case in the court on the basis of a photocopy of a document attested by the gazzetted officer in order to prove it to be as good as original . does such sdocument attested by gazzetted officer legal/valid ? can it be considered as an evidence in court ? it is pertinent to note that original is not available . thanks

Shankar Reddy   09 February 2012 at 13:53

Ptcl act

Hi experts

Can I get any case law that favoured purchasers who are built houses on granted lands which have sold in 1974 by hakdars of Inamland with permission to alienate by a Asst.Commissioner

thanks in advance