jach000019
21 October 2011 at 19:40
IN MUMBAI ON WHAT GROUNDS A CO-OP HSG.SOC. CAN DENY ITS MEMBERS FOR SUBLETTING THEIR PREMISES ON LEAVE AND LICENSE BASIS.
THANKS IN ADVANCE.
Anonymous
21 October 2011 at 18:31
I have a friend of mine who is moving ahead with buying a flat. Now in order to arrange for the required white money, he has been adviced by CA to make a payment in company's name. According to him, CA's often have few already registered companies that CA suggests will be transferred to my friend's name. And the white money amount he will put as loan given to the company from any other source. So the steps that my friend is going to take under suggestions from CA is:
1) Make payment from pre-registered company.
2) Do flat registry in company's name.
3) Meanwhile CA will appoint my friend as the only director of the company. Resigning any other directors, if at all there are.
4) this way he will be the owner of the flat.
My questions:
1) I think he must garuntee that when registry happens, though it happens in the name of the company, it must have "with sole director as Mr X".
2) In doing so, will my friend have .
complete all rights over the property.
3) is it the safe option. Does such company names lie with the CA and then can be transferred to anyone like my friend.
4) PLease guide me immediately about the route CA has suggested.
siri
21 October 2011 at 17:54
I have one doubt..
1) since memorendum of oral partition did not require any stamp duty,then 2 brothers can write their partition in style of memorendum of oral partition deed about their shared property in nominal stamp duty Rs100 and get it registered in sub register office only paying registeration fee of .5% of market value
NOTE: Here stamp duty(3%) & registering fee(.5%) together 3.5% of market value for general partition deed in my state.So here it is possible for 2 brothers to pay only registering fee of .5% of market value & exemtion in stamp duty by writing in style of memorendum of oral partition deed & registered in sub register office
Anonymous
21 October 2011 at 17:07
Dear Sir,
My father bought a house on 1954 from his own earnings at Valavanur village, Tamil nadu and registered in my mother's name.
at present my father is 94 years old he lives with me ,
My father had two daughters me & my elder sister, we are 65 & 68 years old
My Mother passed away on 2004, She wrote a will on 1983 and registered, it states after both parents death the sole owner of the property is the youngest daughter that is me,
My father had given his full share he received fom his ancestor property to my elder sister on 1980 it is worth RS 2 lakhs at present date
my father own earned house worth Rs 15 lakhs at present date
After my fathers death if my elder sister claims a share in my fathers house, and files a case in the court saying the will was forced to write by me, in favour of only one person that is me
or my mother is not in sound mind while writing the will, or my mother was seriously ill while writing the will, any thing can be claimed by my elder sister.
will the court will consider the case ??
please note both the witness who had
signed the will are passed away,
now the chance of proving in the court has narrowed down.
my elder sister is not financially self sufficient like me, as she got separeted from her husband & living alone for the past 35 years,her life is struggle day to day
my elder sister had bad character and never took care of my parents at any stage due to this my mother wrote will in favour of me.
Is there is any other alternative to avoid court ( since it will take several years & never know wether the judgement will come in favour of me)
after my father's death my elder sister will not give NOC to sell the property, in that case what is other way to sell using the will???
still my father is alive is it possilble legally for my father to give gift deed in favour of me
is my father has legal right to give gift deed to me since he had registered the house in my mothers name she had passed away
what is th best option for me
please answer
Thank you,
Sundari
Anonymous
21 October 2011 at 14:08
Dear Sir,
A religious charitable society wants to acquire institutional land form DDA, delhi for setting up a temple; it needs to submit project report to DDA along with application form and other documents for acquiring land. Can you please provide me a draft project report or guide me in preparing the same.
Does project report duly prepared and certified by registered architect is required to be submitted while taking approval for construction not at the time of acquisition of land and at that time simply projections can work?
Anonymous
21 October 2011 at 11:57
Dear Expert,
Please let me know the whole applicability of Transfer of Property Act,1882 and also told that is this Act only applicable on transfer of immovable properties?
siri
21 October 2011 at 11:36
Testator has 3 sons..In year 1983,testator registered the WILL & mentioned that her 4.2 acres to be distributed as follows.
2.1 acres on north side to the children of 2nd son i.e X,Y and remaining 2.1 acres on south side to the children of 3rd son i.e Z & testator clearly mentioned X,y,Z names also and testator kept condition that her 2 son's as guardians for their respective property until their death and after death of her 2nd son automatically X,y will get share of north side & after death of 3rd son automatically Z will get share of south.Again in 1987,she gave registered GPA to her 3rd son mentioning that I already registered the WILL in sub register office for my 4.2 acre, in that now 1 acre from north side is giving GPA to my 3rd son.With that GPA ,testator 3rd son sold property to testator 1st son daughter in year 1987 and testator died on 1989.In 1995 testator 1st son daugter sold her entire property of 1 acre to some one..In year 2006 & year 2010 testator 2nd son & 3rd son who are guardians also died..PLZ clarify
1)Can individually 2nd son children X,Y with out invoving Z(since X,Y did nothave good relation with him and Z is not cooperating with us for probate of WIL) can approach the court for probate of WILL for their remaining shared property of 1.1 acre but they have only certified copy of registered WILL of 1983, death certificate of their father in year 2006 & EC reflecting NILL for their shared property of 1.1 acre in north side.Is this proof sufficient for probate of WILL
2)Can we directly ask for probate of WILL for us shared property of 1.1 acre by giving settlement condition as .55 acre & .55 acre distribution b/w us(X & Y) during probat of WILL
3)Clearly names of X,Y & their share also had mentioned and 2nd son of testator name also mentioned ,now testator 2nd son had died,& X,Y have death certificate of testator 2nd son.
How to solve my problem as Z is creating problem and if court notice given to Z for any objection ,he may oppose.So tell me with out invoving Z,how to probate the WILL
K.P.Nataraj
21 October 2011 at 08:27
Respected sir, I want to buy a plot from the owner who only possess a Registered General Power of Attorney. The Principal of the GPA is not related to the GPA holder. Can the GPA holder execute a sale deed to me?. The recent SC judgement (Suraj Lamp & Indus vs. State of Haryana) it ruled that effective prospectively from Oct.11, registered sale deed will be the only valid instrument of transaction of property in India. Please clarify me.
kamal
21 October 2011 at 07:46
Hi,
What is the process of mutation of a flat in a Cooperative Society, when the co-owner of the flat expires. The Flat is in Mumbai. What all agencies are involved in the process and how much time does it take. Please throw some light on this.
Thanks.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Builder rights on property
I purchase one old flat. there is 9 flat in building. there is cellar (pillars are there), parking place, and terrace.
in the agreement of first owner (i am 3rd) cellar rights of builder, terrace right of builder when fsi grant(b4 and after it is comman),parking place is common.
Now que. if first ag. made in 1981. it is valid ? if not builders rights is illigal. if it is illigal all owners agreement is not valid( i am third owner).
i read there is no right of builder. but if it is in 1st owner agreement . all agreemnts and my prop. ownership is in risk. or not ?
i like to know builders right on this app.?(there is no soc., or aop), and there is any risk in my prop. ownership if all agreement are illigal