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

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yash007   19 November 2011 at 17:56

N.a.plots

WHAT ARE THE MUST HAVE DOCUMENTS IF WE PLAN TO BUY A N.A.PLOTS NEAR PANVEL ?

Anonymous   19 November 2011 at 15:32

Need advice

SIR,
I AM PURCHASING A HOUSE IN DELHI AND I WANT TO KNOW THAT IF ANY DIFF. IS THERE IN ACTUAL AREA AND AREA WRITTEN IN REGISTERY THEN WHAT CAN I DO. CAN I CANCEL THE AGREEMENT OF PURCHASING THE HOUSE OR WHAT CAN I DO WITH SELLER. IS HE LIABLE TO RETURN THE MONEY.

Anonymous   19 November 2011 at 15:28

Need guidance

Sir,
I am selling my house and i have received whole consideration,he want possession and he don't want to get registery in his name now i am tensed that if he do any activity which is ill-legal in the eyes of law then what will happen. my father is govt. employee, if any act of the purchaser will tend to my father to go to jail.

Please help me.

Yogesh Kumar   19 November 2011 at 14:16

Article 48(f) gpa with consideration

My mother-in-law registered Article 48(f) GPA with consideration to her daugther last year. Now mother-in-law has expired. Pls advice, This GPA is still valid after her death

pamaranchennai   19 November 2011 at 10:59

Registered g.p.a with clause of agreement of sale


Agreement o of sale (unregistered) entered on 1981 with some development condition followed by GPA registered on 1982 refering sale agreement.
As soon as handed over the house to landowner all rights of vacant land transfered to POA,POA sold 7 flats and kept unapproved flat with UDS in his name,after 15 years he executed a settlement deed infavour of his son ,later his son sold through specific POA to the purchaser on 2006.

Whether the original POA's settlement deed is valid one?Does it convey the title transfer to his son?
Does the purchaser is having a proper title?

In recent ruling on 12th octoer of supreme court will affect this transaction.

Sivakumar

Anonymous   19 November 2011 at 09:17

Release deed

sir,
i am planning to settle in abroad in January 2012 and i am not planning to come India near future.
while taking home in pune, Maharashtra my father was co-applicant.
he had contributed in closing the loan from bank last month.
what is release deed?
shall i file release deed on property instead selling it now as property prices are appreciating.
can my father give this property to my sister or elder brother.
i don't have objection if my father give flat to my brother or sister in my absence if they pay me at-least 50% of flat price lump-sum or in installments.( they can not buy flat with market price because of low income and 50 % they can pay i guess...)

Anonymous   19 November 2011 at 02:36

Arbitration and conciliiation

I got a case today in which the facts are as follows:

1. It is a property dispute.
2. Both the parties in 1974 decided that if there will be any dispute the case shall go in arbitration.
3. The case is in dispute for past 2 years.
4. No Written statement is filed.
5. Defendant stating that this case should go in Arbitration.

My questions are :

1. Should we or should we not file the Written statement as I fear for the defence might get struck off because of the delay.
Here is the delhi HC judgment
: http://indiacorplaw.blogspot.com/2011/05/formalism-under-section-8-of.html

which states that "a Section 8 application under the Arbitration & Conciliation Act, 1996 (Arbitration Act) was not maintainable if brought after the filing of written statement, even if the written statement raised jurisdictional objections on grounds of existence of an arbitration agreement."

Please guide as it says "if brought after the filing of written statement". So it means that now we can/should file the written statement ?

2. Should we go ahead and file the Written Statement or wait for the court to decide on that application to appoint the arbitrator as the one appoint the advocate died long time back ?

Anonymous   19 November 2011 at 00:58

Adverse possession

We hold 419.25 sq. mtr. Open plot of land in Mumbai since 1981. My grandma used to cultivate the same. After she stopped cultivating, authority have levied NA and we started paying the same. Even we had paid retrospectively from 1981.

We are just occupier of the land, property card and 7/12 shows the owners name. Our name is only on NA receipt, it does not appear anywhere else. The subject land was part of larger plot which have been developed by builders and on two sides of the land there is building and on one side there is railway. On 4th side there is slum. Now this smaller part of land have no access to road. Even owner never contacted us. We got to know that the mentioned builders have utilized FSI and the said land on which we are occupant is now does not belongs to person whose name appears on property card since he has already sold to builder and builder have used the fsi and left our land as it is.

Now my question is, if builder have utilized fsi, is this land belongs to Govt?
If yes, is there any possibility to take the said land on lease from government of maharashtra?
If yes can you suggest, act and regulation I can refer for procedure for the same?

We can show to government, that the said land is very small portion which we occupied since 1981. We possessed and protected it from others encroachment. The said land does not have access. And therefore the said land does not give any advantage to government. So it will be worth giving the said land to us on finance lease. According the scheme of finance lease, at the end of the said lease period ownership of the said land can be transferred to lessee, up on payment of final and last lease rental.

Kindly suggest. We are not willing to proceed with declaration procedure proving adverse possession, since it is very hectic procedure and seen many case laws, which had judgment in the favour of owner.

Anonymous   19 November 2011 at 00:52

Adverse possession

We hold 419.25 sq. mtr. Open plot of land in Mumbai since 1981. My grandma used to cultivate the same. After she stopped cultivating, authority have levied NA and we started paying the same. Even we had paid retrospectively from 1981.

We are just occupier of the land, property card and 7/12 shows the owners name. Our name is only on NA receipt, it does not appear anywhere else. The subject land was part of larger plot which have been developed by builders and on two sides of the land there is building and on one side there is railway. On 4th side there is slum. Now this smaller part of land have no access to road. Even owner never contacted us. We got to know that the mentioned builders have utilized FSI and the said land on which we are occupant is now does not belongs to person whose name appears on property card since he has already sold to builder and builder have used the fsi and left our land as it is.

Now my question is, if builder have utilized fsi, is this land belongs to Govt?
If yes, is there any possibility to take the said land on land from government of maharashtra?
If yes can you suggest, act and regulation I can refer for procedure for the same?

We can show to government, that the said land is very small portion which we occupied since 1981. We possessed and protected it from others encroachment. The said land does not have access. And therefore the said land does not give any advantage to government. So it will be worth giving the said land to us on finance lease. According the scheme of finance lease, at the end of the said lease period ownership of the said land can be transferred to lessee, up on payment of final and last lease rental.

Kindly suggest. We are not willing to proceed with declaration procedure proving adverse possession, since it is very hectic procedure and seen many case laws, which had judgment in the favour of owner.

Anonymous   19 November 2011 at 00:15

Is revenue stamp compulsory for any type of deed.

how can we understand that how much rupees of revenue stamp is require to affixed on legal document such as sale deed,power of attorney,and rent agreement,there is any side to know the list.........pls advice