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

Madhur Singh   07 January 2012 at 20:31

Equitable mortgage

Sir, A Sale Deed of house was executed in favour of Husband and Wife. Now Husband is no more and Wife is married to another second person, now Wife want to Mortgage that house in favour of Bank for the loan. Is it possible or not?

Anonymous   07 January 2012 at 18:34

Transfer of property

Mr. X owns a house in Bangalore. Unexpectedly, he passed away and has not done any will. Now the property has to be transferred in his wife and only son's name. What is the procedure to do the above.

Arun Desale   07 January 2012 at 18:33

Cancellation of sell agreement

I entered into registered sell agreement to sell 1 acre agricultural land to a person @ Rs. 50,000. The agreement is made on 2,000 Rs. stamp paper.I received Rs. 40,000 in advance. The purchaser also paid due stamp duty to Govt. In the agreement time limit is not mentioned for sell deed. As the land comes under 'The Bombay tenancy and agricultural land act 1948 I brought 'Sale permission' from collector office in the name of purchaser. The validity of sale permission was 1 year which is expired at this moment. Its been 1 year and 9 months after sell permission date. Inspite of repeated asking the purchaser didn't come for sale deed.
Could I cancel this agreement now to make find new puchaser?
Please advise me in this regard.

BALAJI   07 January 2012 at 17:33

Bank property

I have identified a property in Theni District. I want to buy the same. When i scrutinized the documents i found that the patta is changed in the name of the Bank ( Cooperative Bank). The person holding the land has availed loan and has not repaid. My query is

1. Can a bank mutate its name in revenue records (Patta) for non repayment of Land Loan

2. If the bank can mutate its name in revenue records then under what section / or provision

3. Can the bank Give NOC for me before purchasing the land.

4. Can i Purchase the land

Please advice..
Regards
Balaji.R

Anonymous   07 January 2012 at 15:22

Registering with apartment owership act


The query is from a resident from Kolkata (West Bengal) who stays in a Housing Society in his own flat. The society is not registered with any authority. He seeks an expert advice as to what are the advantages and disadvantages in getting his housing society registered under either "West Bengal Apartment ownership Act" or "West Bengal Societies Registration Act".

For registration with either of these forums, does he has to obtain the consent of all the flat/unit holders or few interested owners can form the Association/ Society and can approach for registration?

If the Association/Soeciety is registered, can the flat owner be entitled for any relief in Municipal Tax?

The Residential complex is named as "....... Society". Under the circumstance, can this Society be registered under West Bengal Apartment Ownership Act without changing the name to "......... Association".

Please advise.


n ownership flat which has housing complex anybody kindly brief on the

Anonymous   07 January 2012 at 15:05

Unauthorised construction by builder

One of the renowned builders of the city built a housing complex in Kolkata, consisting of approx 1,000 residential flats (10 buildings x 100 flats each) and sold these to various individuals and/or companies. However, the builder has not complied with the following :

1. Amenities (like swimming pool, club facilities, etc. etc.), as promised in the agreement/offer document, not completed yet. He had collected substantial amount towards club membership, etc. over and above the cost of the flat.
2. Municipal Corporation Tax (assessed in some crores!) not paid.
3. Good portion of the open area has been sold out for Car Parking (these were last sold at Rs.4.5 lac per car parking space).
4. Almost all the trees were cut and sold the space for parking the cars.
5. He now wants to cut and remove further 2-3 trees (probably, one these trees are removed, he may be able to sell the space for about 10 to 15 lacs) claiming that this was required for fire safety clearance certificate. As far as we know, he had already obtained fire safety certificates from the concerned department.
6. Since he has not cleared the municipal tax dues, the flat owners are not able to get their flats mutated in their respective names.
7. Now the builder wants to construct one more building in the common area which was not there in the original sanction plan nor the same was indicated in their offer document.
8. The flat owners claim that while purchasing the individual flat, they have also paid to the builder for the open area as well and the builder has no right to contruct further buildings in an area which are now the property of the flat owners (in the conveyance deed which are being executed now in favour of the flat owners, builder mentions a clause that they have the right to construct further buildings within the premises).
9. The flat owners seek expert advice as to how they should proceed in the matter as their grievances are manifold :

a) For amenities as promised in the original offer ;
b) For clearing the Municipal Tax ;
c) For stopping them from cutting the trees;
d) For stopping them from construction of any further building within the premises.
e) To hand over the management of the buildings to the elected body of the flat owners. (Builder is presently collecting a huge sum of money from the flat owners towards maintenance charge but no account is being submitted to the flat owners for the utilisation of the money). Flat owners had also given a security deposits to the promoter towards maintenance.

An expert's views on the whole episode would be appreciated.

Regards,

P V Saseendran

Anonymous   07 January 2012 at 13:38

Gift deed list of family members

Whats are rules for execution of gift deed.(In case of immovable property)
can gift deed execute to any family member.
--(Please provide list of members of family)

For example-- In Between A wife of any person and wife of Brother


Because this is matter of saving of money.
In Haryana stamp duty rate are
Gift Deed-- 5%
Sale Deed-- 7%

Anonymous   07 January 2012 at 12:50

Gift deed/sale deed

Whats are rules for execution of gift deed.(In case of immovable property)
can gift deed executed to any family member.
--(Please provide list of members of family)
For example-- In Between A wife of any person and wife of Brother



Because in Haryana stamp duty rate are
Gift Deed-- 5%
Sale Deed-- 7%

Anonymous   07 January 2012 at 12:47

Gift deed/sale deed


When any one give property to his husband's Brother without consideration then According to property law-
which deed should be executed between them?
Gift deed or Sales Deed.

Because in Haryana stamp duty rate are
Gift Deed-- 5%
Sale Deed-- 5%

As per Income tax Act this is taken as gift and not levy/applicable any income tax on them.

Anonymous   07 January 2012 at 10:35

Proporty bought in auction from bank

A relative of mine bought in property in public auction conducted by bank.He paid the full sale consideration and got the sale certificate registered.Bank arranged possession of that flat.He let the flat for rent to one of friends and during the tenancy the old owner who was the borrower seems to threatened the tenant to vacate the place and said that the auction purchaser does not have possession. When the complaint was taken to the bank did not give a proper reply.My question is whether the old owner has any hold over the property after the confirmation of sale and issuance of sale certificate?