Anonymous
05 November 2011 at 12:50
sir,
I am purchasing a house in gurgaon. I want to know that how i can check that the seller is having a charge on it or not. OR this property is disputed property or not. please help me. I do not want to suffer any loss after purchasing the house. i want to know that he is having good title.
Anonymous
05 November 2011 at 09:48
Dear Professional. Please help the following case. I plan to purchase land. what are the procedure to follow buy the land. I got EC certificate from SRO but the wording of EC I cannot able to understand. I mentioned the word below. please advise to buy the land or not. " I hereby certifythat a search has been made in Book i and in the indexes relating thereto for 25 yrs from 01/01/198- 28/10/2011 for acts and encubrances affection the said property and that on such search the follwoing acts and encumbrances appears / no encubrance appears.
I also cerity that save the aforesaid acts & encumbrances no other act & encubrances affecting the said property have been found."
please give the explanatino of above sentence.
Thanks & Regards
S.Raj
Anonymous
05 November 2011 at 08:37
is power of attorney empowering to transfer immovable property executed before the notary public is valid in the eye of law? is there any bar that it must be executed before the sub register only? any specific law in this regards?
Anonymous
05 November 2011 at 08:07
It is most humbly requested to kindly give your kind suggestions on the rights of cosharers for construction on joint land partition suit for which is pending in the court of law.
Dr.Gaurang N. Gandhi
04 November 2011 at 17:02
Can father apply in city survey to join the names of his legal heirs in his lifetime for ancestral properties ?
if yes! how?
Any citation regarding that pl help me....
+91 94290 60515
K.K.Ganguly
04 November 2011 at 12:42
Would the Ld. Experts kindly opine on the following.
1) One Mr. Mukherjee was allotted a piece of land at N.Delhi, by the Govt. of India after he came from the then East Bengal, on which he had constructed a dwelling house.
2) He, his wife being predeceased, died intestate leaving behind his 3 sons and one married daughter. Out of three sons 2 sons also died leaving behind their wives who do not stay at the said undivided house (one stay at Kolkata & other stay at USA).
3) Presently the only living son is staying with his family in that undivided house.
4) Now powerful promoters are threatening the said son and forcing him to sell the premises which he does not want.
5) The daughter, at the behest of the promoter, had filed a partition suit at Delhi which was rejected by Hon’ble Court.
6) Now the same daughter has sold her undivided share of the house through a sale deed to one promoter who has filed a partition suit for partition of the said undivided house where the only living son is staying.
7) Whiled selling her undivided share she has completely ignored that the wife of one deceased brother who now lives in USA and will not return. So, in place of ¼th share she has recorded sale of 1/3rd share to the promoters.
My query is:
a) Can the daughter, whose partition suit was once rejected, sell her share in the undivided house to any body?
b) Before such sale, is it mandatory to offer the same to the existing dweller?
c) Can the buyers of the said undivided share of the daughter, whose partition suit was once rejected, ask for partition of the house?
d) If it is proved that the daughter had 1/4th share only then will not the entire sale deed for sale of 1/3rd share of the house becomes null and void and also the resultant partition suit filed by the Promoters for partition of 1/3rd share becomes liable to be rejected? Or will it be automatically be treated as 1/4th share?
e) What is the remedy for the living son who does not want to sell his father’s house. The promoters have already purchased the local police.
I would request you to kindly give the opinion with relevant Sections, since the 4 advocates in Delhi who were engaged for fighting the case have subsequently become negotiators for selling the house to the Promoters and started discouraging to fight the partition suit filed by the promoters.
Thanks in advance.
Anonymous
04 November 2011 at 11:46
hi, i am searching a case law from past 2 weeks, which says that when two notifications are passed by different instrumentalities of govt for eg (BDA and KIADB)for two different purposes, then both the aquisitions shall be quashed and the land becomes aquisition free. can anyone please tell me which case is it. it was a case before the Supreme court.
sameer_ali873@yahoo.com
04 November 2011 at 00:38
RESPECTED SIR,i am sayyad sameer ali from dewas (madhya pradesh)& my querry is about hibanama.. about 20 years ago my grand father had made a hibanama and gives their all property to my uncle.even when they made hibaanama they didnt call my father. so my querry is what about my share in my grandfather's property, even the so called hibanama is not registered, hiba is wrote on a simple piece of paper...... please solve my problem.
Kartik dhar
03 November 2011 at 22:52
Hello Xperts!
Happy Diwali and a prosperous New Year to all the viewers!!!
My Mother-In-Law (MIL) sold me a 1 BHK flat in Mumbai, Maharashtra and an Office of 250sq.ft. in Mumbai as well.
As requested by her, I gave her the sale price in cash. Since then, 15 Aug 2009, I am in possession of both the properties.
I have been paying the society dues since then. I have my following Govt. Documents showing the address therein.
1. Passport
2. Ration Card
3. Meter Registration
4. Voter's ID
5. Bank Accounts
Now, my simple question??
Can my MIL claim the property, if she desires to?
Facts:
1. MIL has not provided me with any sale papers or bill of sale. (Family Deal)
2. Also, she is not the registered owner of the Property, her later Father was the real owner and the Father made a will which designates her as the owner, but she has not got the transfer formalities done in the office of the registrar.
3. The society bill is still on her late father's name and not hers.
Q-Is she the owner of the flat? Since it is not registered under her name and she only has a Will from her late father.
Q-Who becomes the rightful owner of the property in this case?
Much appreciated!
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49. effect of non-registration of documents required to be registered
Section 4 of the Transfer of Property Act enacts that "sections 54, paragraphs, 2 and 3, 59 107 and 123 shall be read as supplemental to the Indian Registration Act, 1908"
is it the exhaustive list?
suppose if any other provision of the transfer of the property Act requires registration, then will it not be hit by Section 49 of the Registration Act, 1908