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

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Saibal Guha Roy   09 December 2011 at 18:40

Relenquishment of rights

My client inherited a piece of land with building constructed thereon alongwith his two brothers. The share in the building was specifically demarcated. One brother gifted his share in the building to my client & the other one sold his share. Now my client wants to demolish the old building and construct a new one. The gift deed to my client mentioned the portion of the building gifted but the deed erronously omitted gifting of proportionate share of land oON WHICH THE BUILDING STANDS, i.e. land beneath the building. There are judgements which says that such omission does not confer any residuary rights in favour of the seller/donor in respect of land underneath the building. However, I am unable to find such judgements. Matter is urgent. Please give me some judgements/citations

Anonymous   09 December 2011 at 17:39

Valuation of property

anyone can let me known the method of valuation of immovable property as per circle rate issued by the authority.

please reply. its very urgent

Anonymous   09 December 2011 at 17:22

Collector land

good day sir,
my father owns flat(rented )in building located thane, Maharashtra purchased in 1990's.
those days there were lot of unauthorized constructions in thane districts.
this building was built on collector land.
In past we made agreement with builder and paid stamp duty and registration.
now another builder came for re-development,saying ownership is not possible this time.we have to go for PAGADI, also asks for some construction cost which nobody ready to pay...

shall we exit by taking some lumpsum money from builder as property is disputed or go for PAGADI or ownership in re-development is possible in this case???

please guide..






amol   09 December 2011 at 14:35

Loan against property and 101 no. case -cooprative bank

Dear Sir,
My father took a loan of 5 lac against property in 1999. Loan in from co-oprative bank. He repaid 3.5lac in 2000. we were willing to pay the remaining amount but interest rate piled by bank.
In 2008 bank was taken over by new co-oprative bank. New bank says that 2.9 lac principal amount left and they are demanding 6.5 lac against one time settlement amount.
My dad age is 68 and we have only home as a living asset.
As a son I m will to pay the principal amount with minimum interest.

Currently bank has given one month notice period to repay the amount. And after that they publish the same for auction, against 101 case.

Please suggest the way out.

Anonymous   09 December 2011 at 13:58

Stamp duty

will there be any stamp duty involved to effect the name change with respect to the schedule of property to a extent registered in various instruments??

Anonymous   09 December 2011 at 13:56

Stamp duty

will there be any stamp duty involved to effect the name change with respect to the schedule of property to a extent registered in various instruments??

Anonymous   09 December 2011 at 13:49

Can muncipal council impose taxes on shops built but not transferred by improvement trust

Improvement Trust Nabha Constructed shop vide a commercial Project which is still incomplete and complex have not been transferred to Local Muncipal Council, Notices have been issued to shop owners for assessing annual tax Under Muncipal Act 11 F 1994 Section 3(1)b - Is this action Muncipal Council is legally justified.Mainteance is still done by Improvement Trust.Pls guide

joydeep chatterjee   09 December 2011 at 13:35

Share of land to the ground floor buyer

Dear sir,
i Have 2 Katha land on which two storied building was constructed.Now one interested party wants to buy the entire ground floor.he agreed on the clause that I will be having entire roof right but he can use the roof for common purpose.In future I can construct on the roof and sell it.Now buyer's lawyer wrote in the sale deed that "I am selling the entire ground floor with half portion of land i.e. 1 Katha".Eventually I denied the fact and told the lawyer that land share should be undivided proportionate share and no land measurement should be written in the deed and if in future i construct and sell on the roof , then what portion of land the third party will get if both of us get 1 Katha each.Now buyer's lawyer told me that he would change and write in the deed that "I am selling Undivided proportionate share of land measuring 1 Katha.But in future if seller construct the third floor then buyer's portion on the land will be 1/3 and buyer will abide by that".

My question is can lawyer write like that?If I accept the deed the whether I can face litigation problem in future?
Please help me.its urgent.I am in great dilemma.

Anonymous   09 December 2011 at 12:30

Expansion of storm water drain

Hi Experts,

I purchased a site from society in the year 2009, Now intend to construct a house and approached the corporation for plan,katha.
Meanwhile the local politician has eyed my property and wants me to sell it to him at a discounted price, hence he 1st insitigated his relative to claim the site as his vide a bogus of different survey number, after the survey and actual bounday being defined. He is not asked the corporation to widen the drain.
This drain is clearly defined, concrete retaining wall built about 2 years ago and running more than 4 kms in length.
Hence request your advise on how to prevent the dubious intention of the politician to grab my property.

Anonymous   09 December 2011 at 12:21

Registered gpa using fraud & corresion

Hi Experts,

My servant maid & family owned about 2 acres of land in their native. Last week the local financers & others have got an registered GPA executed in their favour by showing consideration of 25 Lakhs given vide DD, but the same was deposited in banks and their thumb impression obtained,cash withdrawn & taken away.
Pls suggest a way forward.