Anonymous
10 November 2011 at 14:27
Dear all,
Can a gift deed be registered for immovable property, which is gifted between sisters ( Both are twins). When I enquired with sub-registered office in Chennai, they said it cannot be done and we have to pay full stamp duty as per guideline value.
But for gift the stamp duty is only Rs.10,000/-. Can any one advice me on this issue.
Reg
K Sriram
amol
10 November 2011 at 14:16
May i know any recent case law or any case of High Court or S C on the point of Restoration of land to the original owner if not used the acquired land for the purpose for wh the same was acquired
jeevan deshpande
10 November 2011 at 13:44
hon sir, with due respect i would like to put my query regarding family property. We have 1200 sq ft residential plot with construction, where my elder brother is staying in outoff city from last 30 years. all property taxes and maintainance paid by me only. previously some part of the property was occupied by tenant where i made settlement with them and made property free of charge. all these regular maintainance was born by me only. now my brother demanded the partition. as he has that rights he made demand but what about the charges and expences born by me from last 30 years. is there any rights were with me relating to reimbursement of above mention cost. pl guide me
amol
10 November 2011 at 13:44
I want to know wheather a land acquired for public purpose can b restroed back to the orinal owner by filing writ on the ground that the same has not been used for the Public purpose & used for commercial purpose by making auction sale of the same
P V Jayaprakash
10 November 2011 at 13:10
Our Hsg society got our building reconstructed and we re-occupied in April 2009. Some of the members had added associate members before reconstruction and the previous committee had written down the names of associate members on the share certificate, mentioning “associate member” in some cases, and not mentioning in some cases. However, the new agreement (duly registered and stamp duty paid) done with the builder for new flats shows the original owner and the associate member.
Is this in order?
We have a specific case which has come to us.
One of the flats, was transferred to a widow when her husband died. She has four sons. However, just before reconstruction, she added one of her daughter-in-law as an associate member. Her name was added by the previous committee in the share cert without mentioning “associate member”. In the current agreement made with the builder for the new flat (after reconstruction) between the original owner( the widow, who is in fact, the care taker) and the associate member. To a person who do not know the background, the agreement (duly registered and stamp duty paid) shows the care taker and her daughter-in-law as the owners.
Now the widow wants the 100% shares(transfer of the flat) to be transferred to the daughter-in-law. The new committee has asked for time to decide on the matter and meanwhile asked the widow to get NOCs from all four sons.
1. Can we transfer the flat once we get the NOCs?
2. If so, will the agreement need to be registered and stamp duty paid again?
Anonymous
10 November 2011 at 12:06
Dear Sir
Which law will be applicable for the residential property of which the succession opened before hsa 2005 (case related to residential property ie sec 23 of HSA 1956)father died in 1959, mother died in 1980 daughters marriage in 1970 son married and having 1 son
thanks
sasuho
Anonymous
10 November 2011 at 10:34
Sirs, I have a flat in Kandivali Mumbai. The flat was purchased in 1981 in resale.I now wants to register my flat in my father's name however people have advised me that since since the flat was purchased in 1981, you do not have to pay stamp duty where as some other people have said that registrar would charge very higher amount as Stamp duty and registration charges if you register now in your father's name. I am very confused as to what I have to do in these conditions. Further my society is a Proposed society and there is no NOC given by builder in the name of Society. Kindly advise me if I do not register it now and keep the matter in abeyance, will I loose the right in case of any complexity?? Further, is there any middle way by which I can save money as of now and secure my interest?? Please advise. Pls also suggest a course of action in this case.
Anonymous
10 November 2011 at 08:07
SIR
THE COURT ORDERED TO MAINTAIN THE STATUS QUO IN PROBATE CASE . THE OTHER PARTY VIOLATED ORDERS OF COURT . I FILED CONTEMPT . NOW THE JUDGE SAYS THAT APPLICATION UNDER 39(2) WAS NOT MAINTAINABLE AND MY EARLIER ORDERS FOR MAINTAING STATUS QUO WAS WRONG . HE IS NOT INTERESTED TO CONSIDER CONTEMPT APPLICATION . IS THE APPLICATION FOR INJUNCTION ORDER OR MAINTAINING STATUS QUO IN PROBATE CASE MAINTAINABLE OR NOT MAINTAINABLE . THE COURT HAS NOW PUT UP THE CONTEMP APPLICATION FOR ARGUMENTS .NOW WHAT IS THE LEGAL REMEDY . ANY JUDGMENTS . PLEASE HELP
Anonymous
09 November 2011 at 20:39
Sir,
I have a plot , Allotted by Urban Improve Ment Trust by Lottery system, But the amount for the said plot was payed by my father.
DOES HE HAVE RIGHTS ON MY PROPERTY , CAN I SALE IT WITHOUT HIS CONSULT, Original papers are also with my Father, But every where in Legal registrations & Doxes it is my Name ONLY.
father paid for my plot as he didn't pay in my Marriage expenses.
Parag
ahmedabad
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Doubt in blood relation
an immovable property can be transferred with gift deed registeration with less stamp duty compared to sale deed b/w blood relations.The blood relation is as follows
Mother-son,Father-son,B/w brothers & sisters,B/w brother & sister in law & vice versa .I HAVE 1 DOUBT regarding this
1)HOW HUSBAND & WIFE are blood related & how government allowed to make gift registeration of immovable property b/w them because defenitely wife & husband relation is love related with effection each other& bond related with marriage but they are not blood related(Except brother in law&sister in law)