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Anonymous   06 October 2011 at 22:15

Need your help experts !!! property matter

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.

Anonymous   06 October 2011 at 19:14

Transfer of property

One person has wife,two elder daughters and two yonger sons (all children are married). The person wants to give his property to his one son. The property is in delhi. His son is not in a position to spent a single penny towards the paers/documents of property.What is way out.

Anonymous   06 October 2011 at 17:29

Saleable area in a flat-mumbai

Dear Sir,

I have booked for a flat in Navimumbai, Kamothe 2010, for which the builder has now this month received the Occupancy certificate and is due to issue us the allotment letters. However last week when I had gone to inspect the flat and happened to take the actual measurement , I noticed that the builder has also included in Dry balcony area in the carpet measurement mentioned in the registered agreement.The dry balcony for each flat has no access from the flat and is a outside portion behind the toilet. It is covered by wall and we can only peep to the dry balcony through the toilet ventilation but cannot physically enter it.
My question is 1) Can the dry area be legally included in the carpet area of the flat and sold as we have no access to it.
The dry balcony measurement seems to have been included in the 'other saleable area' mentioned in the agreement. The carpet area of the flat is mentioned as CARPET AREA 500 sq ft + OTHER SALEABLE AREA -241 sq ft (Total 741 sq ft carpet referred in the registered agreement).

Please provide your valuable feedback as the builder is forcing us to take the possession of the flat,as a clause in the agreement states that -Delay in taking possession within 15 days will lead to a payment penalty for each day of delay.
2) Can you pls also refer me any individual lawyer / or any authority I can consult.

Anonymous   05 October 2011 at 22:26

Property dispute and income tax

there is a property dispute between me and my brother about a plot and my mother was the owner of the plot and in lifetime of my mother made a registered gift deed on my name in front of sub registrar and after that my mother died and my brother in court put a forged will in the court that my mother gave the plot to him .As it was the gift deed so no money transaction was made between me and my mother and the revenue spent on the stamp papers was given by me .Sir as my brother is a great forged so he complaint in the income tax about the gift deed.and income tax officer give us the notice about the ITR returns .Sir, as me and my brother have same Charted Accountant so in the ITR return I have shown that the stamp paper revenue was spent on my personal use and in the ITR return I didn't show the property as a asset. So now what I can do with the Income tax officer, and what will we do .

Anonymous   05 October 2011 at 21:56

Cpc order 1 rule 10 & order 39 rule 1 & 2

Respected Sir,

My grand mother who had purchase two peaces of land an area Ac.1.083 & Ac.10O3 decimals from one Khata and one Plot vide two registered sale deed on dt.13.06.86 with specific boundary and sketch map from all 8 nos co-sharers / owners through their general power of Attorney Holder who is also one co-owners. On the same day said Power of attorney holder had executed registered sale deeds in favour of other 10 persons from the same one Khata and plot . But in each and every sale deeds of nos of difeerent vendee inadvertenly wrong khata number was mentioned although the plot no, area and boundary was correctly mentioned.

My grand mother died in died in 27.04.1996 and after her demise the legal heirs my father and uncle are continuing in peaceful possession as owner thereof and has already filed a suit in the year 2004 in hon'ble trial court for suit for declaration with a relief for correction of Khata number in the sale deed and the same is pending for defence evidence.

We came to know that in the year 2011, Three( 3) other different subsequent purchaser / vendee who purchases in the year 1990 from the same partial six(6) nos out of 8 (eight) of co-owners without partition by metes and bound by virtue of other registered sale deed from the same boundary and sketch map which was attached in my grand mother sale deeds , after filing 3 nos of different suit for permanet injuction in the same hon'ble trial court against my father and uncle and interim order is passed to maintain status quo of this suit land in our absence.

Further all the 3 nos subsequent purchasers / vendees filed separate application under CPC order 1 rule 10 to implead as party in the suit for declaration of correction of khata no filed by my father and uncle.

Therfore you are hereby requested to be kind enough to furnish me the and relevant judgement for :

01. Dissmiss the application for Impleadment as party in suit for declaration.

02. Dissmiss the interim status quo order in suit for permanet injunction.

Thanking you,
With Regards,

A.K.Dash
A/56, Sahidnagar,
Bhubaneswar - 751007

Eajaz Valiulla   05 October 2011 at 20:42

Farmer status

If a Person has Farmer Status, does it automatically gives the same status to his wife and childrens?

jach000019   05 October 2011 at 18:57

Registrar

IN THE PROCEEDING AGAINST THE CO-OP. HSG. SOC. DY. REGISTRAR DECLARED ME AS THE MEMBER OF THE SOCIETY BUT IN THIS PROCEEDING MY ELDER BROTHER WAS NOT THE PARTY THOUGH ALL HIS OBJECTION MADE TO THE SOCIETY FOR NOT GIVING ME THE MEMBERS WERE KEPT BEFORE THE DY. REGISTRAR BUT AFTER CONSIDERING THE DOCUMENTS/EVIDENCE DY. REG. GAVE THE DECISION IN MY FAVOUR.
AGGRIEVED BY THIS MY ELDER BROTHER FILLED THE REVISION APPLICATION BEFORE THE JOINT.REGISTRAR U/S 154
JOINT REGISTRAR FINALLY MATTER REMANDED BACK TO THE DY. REGISTRAR FOR RECONSIDERATION THAT TOO AFTER MAKING MY BROTHER AS PARTY.
AGAIN AT DY. REGISTRAR WE ALL MYSELF,SOC. AND MY ELDER BROTHER ARGUED AND KEPT ALL THE EVIDENCE AND AFTER CONSIDERING ALL THE ARGUMENTS AND EVIDENCE DY.REGISTRAR ISSUED THE ORDER IN MY FAVOUR SO NOW THE QUESTION IS AGAIN AGGRIEVED BY THIS :
(1)CAN MY ELDER BROTHER AGAIN FILE THE REVISION AT JOINT REGISTRAR U/S 154 MY ADVOCATE IS SAYING THAT HE CAN NOT FILE BECAUSE THSI SECTION CAN NOT BE STILISED SECOND TIME NOW MY BROTHER HAS TO APPROACH ONLY TO THE HIGH COURT SO IS IT RIGHT ?
(2AS I WANT TO SUB-LET THIS PREMISES FOR MONETARY BENEFIT BECAUSE PREMISES IS SOLELY IN MY POSSESSION AND IF MY BROTHER IS ELIGIBLE TO FILE THE REVISION AGAIN AT JT.REGISTRAR THAN IS JT.REGISTRAR IS EMPOWERED TO ISSUE, STAY ORDER FOR SUB-LETTING OF MY FLAT PREMISES IS THIS GROUND COMES UNDER THE JURISDICTION OF JOINT REGISTRAR ?
(3) IS THE SECOND TIME REVISION IF ENTERED UNDER THE SAME SECTION AND IN THE SAME COURT THAT IS JT.REGISTRAR IS MAINTAINABLE ?

THANKS

Anonymous   04 October 2011 at 21:30

Noc granted

Respected Sir,

One of the flat owners of our society was granted an NOC in the year 2003 by me. Now there are claims of property tax and ground rent on that flat from 1990 to 2003 and the new owner of the flat is claiming that money from me.

Please guide as i had given the NOC for only maintenance charges.

Please assist.

Anonymous   04 October 2011 at 20:36

Pagdi tanen rigte

Dear all sir we are staying in BORIVALI (Mumbai).pagdi system. here all tented are make one society like them one off all unite this society are having one room rent receipt also this name. Recently all society members are this room is using the commercial purpose (commercial like some tea stall) but this room is income amount are expend for only society benefit. My question is.
1).landlord is taken any legal correspondent. .
2).if yes than what can do for society.

plz. Reply me I was hope you didn't ignore me plzzzzzzzzzzzzzzz.

.Recently landlord is charge for Rs. 100/- per month for rent collection charge (but no any man are come rent collection) & coman aria security charges for Rs. 150/- per month. But he is coman aria making for pay & park. It is right in rent law? If is no any bar rent control act. Then how can is fight him.

Anonymous   04 October 2011 at 20:23

Pagdi tanen rigte

dear all sir We are staying in BORIVALI (mumbai).pagdi system. here all tented are make one so cite like than one off all unite this socite are having one room name and rent receipt also this name. recently all socite mamber are this room are using the commercial puerperal (commercial meaning like some tea stall) but this room are income amount are expend for only socite benefit . my question is.
1).landlord are given any legal corespondent.
2).if yes than what can doing for socite.

plz. reply me i was hope you didn't ignore me plzzzzzzzzzzzzzzz.

.Recently landlord is charge for Rs. 100/- per month for rent collection charge (but no any man are come rent collection) & coman aria security charges for Rs. 150/- per month. But he is coman aria making for pay & park. It is right in rent law ?. If is no any bar rent control act. then how can is fight him .