RAJESh TRIVEDI
08 October 2011 at 18:13
Sir,
I am staying in paghadi system in mumbai, our landlord to whom we are paying rent is a lease holder of the land and constructed 2 3 floor building and 3 chawl having total 80 rooms on land, now lease period is over and land lord of the land obtained a court decree to evaction,
but lease holder has filed a suite agst land lord that you can not evict us on protected tenant catagory, and court has pass a intreim order to disburse and dispose the lease holder by process of law and maitain status-que position, under this circumstances can we go for redevelopment of building as the position of building is worsen day by day ? if yes please guidE, because some person having vested interest is heading for redevelopment, and what is our legal status as tennat or sub tennamt ?
please guide
THANKS
Anonymous
08 October 2011 at 18:04
hi
Sir i have sold my property at Dombivili (maharashtra) for around 19 lacs, the purchaser have payed my around 5 lacs in cash & further he told me that he will pay me by loan he has shown me a pre-sanction letter of IDBI bank which was written on 13 july and we have done registration of the flat and all necessary NOC have been obtained from the society but he still have not received the loan amount and he today told me that after 90 days his pre-sanction will be unvalid and again he have to make a pre-sanction letter so can he take away my property without giving me loan amount as i have not given him the possession of the flat and can i still cancell the registration as i have not received the loan amount ?
Anonymous
08 October 2011 at 00:13
As per Supreme Court ruling dated 24-11-2010 Jurisdiction to file Wakf cases lies with Wakf Tribunal where as per ruling Dated 6-09-2010 jurisdiction of filing wakf cases lies with the Civil Courts. What is the latest Supreme Court ruling on this issue . What should be the first step now at this stage for eviction of Jama Masjid Nabha. The case has already been decided in favour of Wakf Board by a lower civil court but the possession was not taken by the Board at that time. As the illegal occupant have no document to claim their possession what should be got done from Board at this stage.Filing of suit or Notice.
SYED MAHABOOB BASHA
08 October 2011 at 00:12
is Inam Land is a govt Land let us clarify me
Radhika Rangarajan
07 October 2011 at 22:12
I have granted Trade Finance Cash Credit Account in my Bank Branch for Rs 40.00 lacs.We have created Equitable Mortgage by Deposit of Title Deeds followed by Registered Memorandum on the immovable property offered as security.We have taken EC reflecting the Bank Branch name as Mortgagee for the Cash Credit Limit Amount.
The customer has requested for adhoc limit of Rs 10.00 lacs to support seasonal sales against the same property.Our Higher authorities has sanctioned the amount prescribing extension of mortgage formalities.
The customer is prepared to pay the stamp duty on mortgage deed and enter into supplementary narration in Bank's Title Deed Register but not willing to execute Regd Memorandum as the stamp duty on Registered Memorandum is hiked in Tamilnadu.
What are the implications in not doing the Regd Memorandum on the adhoc limit of Rs 10.00 lacs?
Suppose if the Regd Memorandum also is done, what will be the position if the adhoc limit is closed.Whether the supplementary narration and Regd Memo on Rs 10.00 will get an annulled?
The party is eligible for adhoc sanction twice in a year.If we sanction second adhoc,has the party to execute one more Supplementary narration and Regd Memorandum and incur expenses for the second time.
If the Bank has not lifted the Regd Memorandum in the Books of Registrar done earlier for Rs 10 lacs, whether that can be treated as valid for the second adhoc limit in a year.
Radhika Rangarajan
Manager of a Nationalised Bank
Anonymous
07 October 2011 at 17:50
I ramesh more,bought a 1bhk house 668 sq ft at veera desai andheri west, agreement value is 16,70,000/-. agreement & stamp duty was done on april 2005.
the builder has not build the same post plinth work.
some mhada case was there and is now cleared.
the builder is not even contacted us once in all those years even by telephone or letter, every time we go to him he answers work will start in 3 months.
nowin sept 2011, the builder has entered a joint venture with a developer and the construction is about to begin in 3 months.
in this new scenerio will we get the said flat in the same value as per the agreement?, what is to be done by me to get my flat legally?
we want a home from him.
pls tell us what can be done?
Anil
07 October 2011 at 16:09
Hi Experts
Could you please let me know
1. what is the stamp duty rate on agriculture land in haryana?
2. How a person can get exemption on stamp duty (Any law or rule)
3. Is it mandatory for Registrar to collect the stamp duty at collector's rate(or can be less than collector rate?
4. is stamp duty rule applies on HUDA sectors in case of realloactment also?
5.How to valuate a House as per govt. rule(Assesment value or total cost for construction) any rule or law?
Thanks
Anil
sukhpal singh
07 October 2011 at 14:54
Sir,
A person filed a case in court by submitting a sale deed by forged signature of my Father in 1982 for a piece of Agricultre land. In court it was proved in the court that the signature of my Father on the sale deed are fake and after that they remained exparte. In 1984 the petition was quashed by the court. Again in 1986 the above opponent again restore the case and showed someone else as my Father and thereafter hide him on account of which the court made decree in their name in 1989.
My Father came to know the fact in 1999, when they made a change in the revenue record in Dec 1999, till than my Father didnt know the fact. Till Dec 1999 they have not made any change in the revenue records. In January 2000, My Father filed an application in court for restoration of
case but till date the case has not been restore.Moreover 5 months back the the person who had falsely able to made the decree in his name died.
Sir,
1. What should we do to get the justice speedily.
2. Can we get the copies of the both the cases i.e of 1984 and 1989.
3. Sould we file a petition in the high court for time bounding on lower court.
4. Can we file criminal case on the witnesses of the sale deed which was declared fake by the court in the decision of 1984.
Thanks
Mohammed Rizwan Shaikh
06 October 2011 at 22:36
Hi Experts,
Summary:
A person (Mr. A)holds 13 acres land in Maharashtra since 40 years, initially he took the said land on rental basis from the original owners of the land (Mr. B). He (Mr. A) entered in a Joint venture with a partner(Mr. C). (Mr. C) purchased the said 13 acres from (Mr. B) being the land in possession of (Mr. A), an Agreement of Sale was executed. JV was dissolved and a consent term was executed. (Mr. A) was holding another piece and parcel of land, decided to handover the same to (Mr.C) and in turn (Mr. C) executed a Power of Attorney in favor of (Mr. A) and (Mr. A) became the owner of the land. (Mr. A) failed to enter his name in revenue records. It was in the name of (Mr. B)
Few years back around 2006, (Mr. D) got in touch with (Mr. B) and purchased the 13 Acre land directly being the said land in possession of (Mr. A). (Mr. D) didn't even bother to take a search of the said land and its possession. Last month, (Mr. D) issued a Public Notice in the newspaper in respect of the said property (13 Acre) stating himself as the lawful owner.
(Mr. A) is now 82 years old and is very tensed and want to resolve the issue as (Mr. D) fraudulently purchased the land from (Mr. B) without any public notice before purchasing the said property.
Note:
1. Power of Attorney from Mr. C to Mr. A is only Notarized and not Registered. And, also its a Xerox Copy. Mr. A lost the Original.
2. Agreement of Sale between Mr. C and Mr. B is also only Notarized and not Registered. And, also its a Xerox Copy. Mr. A lost the Original.
Query:
1. What's the remedy to resolve this situation?
2. Xerox copy of Power of Attorney and Agreement of Sale will be valid in the Court?
3. What can be done in order to prove his Adverse Possession?
4. (Mr. A) wants to take Stay or Injuction on all the CTS No. in the 13 Acre land, is that OK and what are the chances?
5. What will be the adverse situation of he tries to take Stay or Injunction?
Experts, please treat this as a crucial matter and help me out.
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Sarfaesi act, 2002
dear experts
during the auction i had submitted bid for a property with indian overseas bank under sarfaesi act2002. Bank sent me a letter of acceptance of bid & as advised i paid full amount within time provided. Now 10 days are passed no sale deed is sent by bank & when asked on phone regarding same they say to wait for 10-15 days but not in writing.
please advise me 1-what is time limit for issuing sale deed ?
2- Can bank reject our offer & return the money paid ?
3- If yes shall they pay interest on it ?
please advise
thanks & regards
kaushal arora