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

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

pradeepkumar   24 January 2012 at 17:28

Demolition of unused cinema hall

is a cinema hall which is unused since last 10 years be demolished situated in rural area,is there any law regarding this matter? any body plz. help

Anonymous   24 January 2012 at 17:27

Transfer of property in the name of one son


Father and two sons have got divided their ancesteral property situated in bangalore
during the year 1992.

Father had two surviving unmarried daughters during the partition time and both are now married and surviving.

Now the father wants to give his share to one of the sons.

Whether the division of ancesteral property done in the year 1992 amongs the father and his two sons leaving his two unmarried daughters,then,is legally valid ?

How the father can now give his share to one of his sons ? Can it be by gift deed or will? Will this transfer be legally valid.

Arunkumar   24 January 2012 at 16:41

Spa

How does Registration procedure happens, when the Owner is not available for Registration. Both Cases where the Owner is NRI & or either Out of station well with in The Country.

Thanks!
Arun

D. Malhotra   24 January 2012 at 11:34

Buying lease hold property

Dear -
I am planning to buy a property which is currently not freehold. This is a FLAT alloted by Dellhi Development Authority to "X" person from whom I am planning to buy. The allotte has, after allotment, included his spouse name by applying to DDA. He has all the original documents available and he wants to sell it without freehold as the wife and husband are separated and lives separately. They have only 1 son living with wife. Both of them are in mutual agreement to sell the property through a middle family member, whom I can trust blindly. My query is :

I have thought of doing follwoing :

- In 1 go, I will pay all the sale proceedings to him with following court registered documents by paying proper stamp duty :
- Sale Agreement with possession
- GPA
- Will
- no dues certificate till date
- affidavit that they haven ot take any kind of loan, mortgagem secured or unsecured loan on suc property etc. etc
(if you can suggest more documents to be take, let me know please.)
- then after taking posession and starting living, immediately apply for freehold to DDA and get the conveance deed in my name.

- Is the above ok like from legal standpoint etc.?
- is there any other thing i should take care which documentation.
- can i make all documents in my name as primary and my wife name as secondary.

Please let me know.
Tks & regards
Deepak Malhotra

-

Anonymous   24 January 2012 at 05:58

Parking rights for tenants

Dear Sir,

I have given my flat on rent in a co-operative housing society in Mumbai. Since my tenant has a car,I regularly pay the parking charges to the society on his behalf which is as per our agreement. However the society has passed a resolution in meeting, wherein only flat owners residing in the society have been allocated specific parking space, whereas all tenants residing in the society have been given only 6 parking space in common parking lot. This many a times results in some tenants not getting parking space due to First-come-first -serve basis.
1) Can such a resolution be passed discrimating tenants?
2) Is it fair on part of society to charge me parking charges and not give confirmed parking to tenants?

Anonymous   23 January 2012 at 23:25

Indemnity bond sec 58 a of maharashtra co-operative societies rules 1961

In case a member is elected to managing committee he is required to furnisg form m20 Indemnity bond sec 58 A of Maharashtra Co-operative Societies Rules 1961.
However if associate member becomes MC member(on authority of memebr) than :
(i)both original & asscoiate member liable to fill m21.
(ii) Only associate memeber is liable to fill m 20

Swapna   23 January 2012 at 23:15

Rectification deed

Hi Experts,

i have asked this earlier in some form but asking it again as am still confused. Request your Response.

VEND1- Initial Vendor (deceased now)
VEND2 - Our Vendor
SO
VEND1-->sold-->VEND2-->sold-->Me

Vend2 had done a rectification deed due to a wrong plot number/Boundaries. Hence a rectification deed was done with the Son of the Initial Vendor as VEND1 was no more(at the time of Rectification deed).

We have bought it and now We have applied for Bank Loan on this property at SBI, As part of Legal Verification, Bank has asked for a legal heir/Family Member certificate as a legal requirement to prove Son of VEND1. Hence We Have Obtained it from Tahsil Office. The family Member certificate also says that VEND1 has 2 Daughters(age 37, 40).

My Clarifications Goes like this.

1> Should the rectification deed be actually executed by All the three children of VEND1.? If so Any way we can still correct it or is it not needed.

2> Can any of the non-participants of Rectification deed(VEND1 daughters) have any kind of claim/objection in Rectification Deed now or in future?

3>From my initial Query, i have learned that none of the Children of VEND1 can have a claim on the property as it was sold during life time of Vend1.
am hoping this is valid.

Kindly Please answer my clarifications.
Am asking this again as the legal Advisor from the Bank was saying that the rectification deed should be executed by all the three children of VEND1.
For me it is very difficult to go back to the Daughters of VEND1 and get it once again rectified.

So wanted to know the validity of the Above.

My Initial Query(Thanks to ShashiKanth Patil !) with replies is at

http://www.lawyersclubindia.com/forum/Re-Rectification-deed-and-registration-of-property-48289.asp

Manoj   23 January 2012 at 22:19

Registration charges of amalgamation order

Hello to all experts.

My query is regarding stamp duty and registration charges on Amalgamatioin/ merger of companies. My query is as follows :

1) What is the registration charge of amalgamation order in gujarat.
2)what is the registration charge on transfer of immoveable property of transferor company to transferee company in Gujarat in case of amalgamation order of Hon'ble High Court.
3) What is the stamp duty and registration charge on transfer of shares of transferor company to the transferee company in amalgamation order of highcourt in Gujarat.

4) what is the the stamp duty and registration charge on transfer of asset and liabilities of transferor company to the transferee company in cases of amalgamation order

Anonymous   23 January 2012 at 22:16

Formation of association

AS THERE ARE SOME DIFFERENCES BETWEEN THE OWNERS OF FLATS IN OUR COMPLEX WE WERE NOT ABLE TO REGISTER AN ASSOCIATION.
IN OUR SALE DEED THERE IS A CLAUSE \" that the vendee shall be entitled to enjoy all common areas, facilities,amenities, and services provided in \'the apartment\' , along with other flat owners/occupants, and shall become a member of the apartment owners association and he shall abide by the rules and regulations of the said association\".
IF SOME OWNERS DO NOT SIGN UP FOR THE REGISTRATION OF ASSOCIATION , IN THE MEMORANDUM OF ASSOCIATION CITING THE ABOVE CLAUSE IN THE SALE DEED CAN WE PUT A CLAUSE \" that all the owners of the flat are deemed to be members of the association\".
IS THERE ANY POSSIBILITY AN ASSOCIATION BEING FORMED AS OWNERS AND TENANTS ASSOCIATION.

Anonymous   23 January 2012 at 18:32

Ancestral property

hi, sirs, am from ap.
my grandfather's(g1) father had 4 sons g1,g2,g3,g4 and 3 daughters d1,d2,d3.
in 1991 g1,g2,g3,g4 jointly sold 180 cents out of 200 cents (ancestral property on the name of my grand grand father's). our grand father(g1) was elder son. g4 was adopted by another woman and enjoying her property. g2 and g3 had no sons and having 3 daughters each. now d1,d2,d3 are asking remaining 20 cents of the land.
but it is registered by my father to me as a gift deed in march 2011. because of my father did all funeral's to g2,g3 with out taking any money and property.
if g2,g3,g3 and d1,d2,d3 are going to legal what is the position.
1. is 20 cent's going to d1,d2,d3 with respect of 2005 amendment's act.?
2. is 20 cent's partitioned to 7 parts.?
3. is 20 cent's divided to 4 parts or 3 parts? (g4 was adopted)