sandeep
30 October 2011 at 16:31
A new mandatory clause has been introduced for all sale deeds executed in Delhi which states that if the property under sale is found to have unauthorised construction later, both vendor & vendee shall be liable and the sale deed shall be treated as null & void. What is the implication of this clause considering over 75% houses in Delhi colonies have illegal construction. In such a case what would be the fate of the sale transaction and the property in question? Please reply urgently if possible.
With best regards
narayan kashinath bhide
30 October 2011 at 16:26
my widow sister living in pune having no issues and owning a flat in a chs.died in 2007.she had registered my brother,meand my son as nominees.from hher husband's side she had one nephew and three nieces but they have not come forward as successors to claim the flat. my question is can we sell the flat after the chs gives us membership?if not now then when?
Anonymous
30 October 2011 at 15:34
I live in Bangalore.
2 yrs ago I bought a flat from a builder for which I have already paid 90% of the payment to the builder.
The flat was 90% completed when the sale deed was done.
The builder had promised to complete the remaining work and then register the flat in my name.
I took 50% loan from HDFC and balance amount I paid from my personal fund.
The builder did not do any additional work in the flat.
I discussed with the builder and carried out the remaining work and agreed to deduct the amount spent on the work from the outstanding balance.
I have receipt of the payments made to the builder and bills for amount spent by me to complete the flat.
Now the builder is dilly dallying to register the flat.
When I put pressure on the builder few more facts have come to light.
The flat sold to me, I believe belong to the land owner (as per the 40-60% share) and the land owner had given the builder the POA to sell the flats on his behalf.
However, after selling the flats the builder has not paid the amount received from the sale to the land ownner.
As the flats belong to the land owner he now refuses to sign/register till the payments is done for the same by the builder.
The land owner has revoked the power of attorney and has not demanded that either the amount due to him is done immediately or the respective flats be vacated so that he can re-sell the flats to recover his money.
The builder is promising to pay the land owner the balance amount but has not been able to keep his promises.
My queries are :-
1 - Can the land owner re-sell the flat already sold to me by the builder?
2 - I have only a sale deed (original is with HDFC) as a proof that the flat belong to me which is 2 years and 4 months old. Is this document proof enough legally to prove my ownership in case there is a dispute.
3 - I will be relocating abroad in 2 weeks time. I have requested the builder to register the flat but he says he can not assure registration. What if the builder takes the opportunity of my absence and re-sells the flat to someone else?
4 - I have already moved furniture,cots,few luggage to the flat and my relatives will be moving to stay in the flat in a couple of weeks time. Can the land owner/builder remove the items from the flat and evict my relatives under the claim that the flat is not registered in our name.
5 - What additional steps can I take to ensure I retain the ownership of the flat in any malpractices that the builder/land owner may do.
6 - Can I make a Special Power of attorney for the purpose of the registration of the flat and give the same to my relatives who in turn can register the flat in my name in case the builder and land owner dispute is resolved and the flat is ready to be registered?
7 - When the registration is done the SPOA holder can he register the flat in my name or I need to re-register the flat to my name when next time I visit India?
I know my query is long. Thanks for the patience and appreciate a quick response. Please let me know in case you need any further information.
sanjeev murthy desai
30 October 2011 at 14:24
If unregistered GPA having couple of interest what is validity of section 202 of Contract Act.
Anonymous
30 October 2011 at 13:39
Dear Sir,
My grandfather has self-acquired property, my father and his brother were not divided so far, my father’s brother has no children.
My mother invested lot and lot of money in developing that land.
Now we are two brothers, please let us know what is our right in the land and what is the share that we are entitled for.
Thanks in Advance.
Ganesh Chowdhury
30 October 2011 at 10:01
A land was in the name of a person but there was no nominee nor he created any will.
Now we are told to bring a letter of administration from the court to transfer the land in the name of his legal heir/widow. Though the process of the same is going through, we doubt whether our lawyer is following the correct procedure or not. So, can anybody provide me with the exact and whole procedure of getting Letter of administration issued by the court?
Anonymous
30 October 2011 at 09:01
plaintiff files a suit for recovery that defendant obtained some money from him and gave him a receipt. the receipt is unstamped. plaintiff filed the receipt alongwith the defendant took a preliminary objection that the receipt was unstamped. thereafter, while the receipt was being exhibitted in evidence, teh defendant took teh objection merely on the ground of mode of proof and did not take any objection as to the receipt being insufficiently stamped. after a few days after the receipt was exhibitted the defendant moved an application that the receipt cannot be read in evidence as it was insufficiently stamped? does s. 36 of the stamp act applies? whether it is covered by s. 35 proviso (b)?
Anonymous
30 October 2011 at 04:08
Hi,
I have to prepare a MOU btwn 2 parties say a & b.
the back ground is as follows
Party A tries to buy belonging to a vendor (who is not part of this MOU) where money is to be paid in two tranches. Property, a plot, worth 3 crores.
Party A has already paid 1 cr with balance to be paid in 2 months, which they are not able to arrange. Therefor they get into a MOU with a party B stating that the party b pays up 1.5 crores and balance 50 lacs will be arranged by party A.
The property gets registered in name of Party B. Thereafter the Party b invests in construction of a G+3 floor building and party B within 6 months pay another 75 lacs and gets to keep the Ground and first floor of the building and the Party B retains the 2nd and 3rd floor
PL advise, and let me know if you want me to restate part of the situation
Anonymous
30 October 2011 at 03:51
I HAVA A HOUSE ON REGD GPA WITH PHYSICAL POSSESSION WITH OTHER DOCUMENTS LIKE AFFIDAVIT, WILL ETC OWNER IS ALIVE,AFTER SC VERDICT GPA TO BE CONVERTED INTO SALE DEED. TO SOME REASON HOUSE WILL NOT TO BE TRF INTO MY NAME - WHAT TO DO ?
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