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Rajat sahotra   04 October 2011 at 19:45

Help please--how can a tenant get stay order for a auction ?

Tenant was inducted tenant and thereafter the property was mortgaged with the bank.

Landlord company and bank declared the mortgaged property as NPA (NON profitable Assets) under SERFEACI Act.

Bank issued auction notice and also the notice of Vacating to tenant within one month.

Tenant has already taken ex parte stay order by injunction application under O39 R 1&2 and by moving suit against the bank and the landlord company under sec 38 of the specific relief ACT.

Now how can the tenant get stay on the AUction of the tenanted premises which is situated in Municipal Committee Area.

Experts please help

Anonymous   04 October 2011 at 19:43

Property from mother to son.

My mother is having house which was purchased by her from her self earnings. NOW She wants to transfer it to me during her LIFETIME. Which is possible through Gift DEED as I learnt from this site.But it is very costly and not affordable. Is their any other way ? I have heard from some persons that it can also be get done through court decree which is very cheaper in comparison to GIFT DEED. What is this "court decree" and what is the procedure in this?

Anonymous   04 October 2011 at 18:04

Stamp duty for transfer deed

Sir,

What value of stamp paper is required for executing the Deed of Transfer.

There are three floor in a building and by executing Deed of Transfer we wish to transfer one floor each to three brothers. Pl advise whether we have to execute three Deeds of Transfer or one Deed of Transfer, photocopies of which can be exchanged
Regards

KL Bhalla

jach000019   04 October 2011 at 17:18

Leave and licence

IN MUMBAI A OWNERSHIP FLAT IN CO-OP. HSG.SOC. WHICH I INTEND TO SUB-LET ON LEAVE AND LICENCE BASIS

(A) CAN BE SUB-LETTED ON THE LEAVE AND LICENCE FOR THE PERIOD OF SIX MONTH ?

(B) IS REGISTRATION OF THE AGREEMENT IS COMPULSORY AT THE TIME OF EXECUTION OF DEED OR THE REGD. CAN BE DONE ALSO AT THE LATER STAGE ?

(3) WILL IT ATTRACT THE STAMP DUTY FOR THE SIX MONTH'S RENTAL VALUE OF L AND LICENCE THAT IS 125000/- AND STAMP DUTY HAS TO BE PAID AT THE TIME OF EXECUTION OF DEED OR AT THE LATER STAGE ?

(4) IF THE REGD.AND STAMP DUTY IS NOT PAID AT THE TIME OF EXECUTION WILL THE SOCIETY WILL ACCEPT THE DOCUMENTS BECAUSE IN MY CASE SOCIETYY HAS REFUSED TO ACCEPT MY APPLICATION FOR GIVING NOC EVEN THOUGH I AM THE BONIFIDE MEMBER AND PAYING ALL THE OUTGOOINGS REGULARLY SO IF WE SHALL PAY THE ABOVEMENTIONED CHARGES AT THE TIME OF EXECUTION OF DEED AND TOMMORROW SOC. WILL NOT ACCEPT THE DOCUMENTS THAN IT WILL BE WASTE OF MONEY ?

(4) PROCEDURE OF POLICE VERIFICATION ?

Anonymous   04 October 2011 at 15:31

Tenancy

The firm I am employed is into Pharma retailing. We operate in all formats including hospitals where in the hospitals outsource their pharma operations to us under the ambit of a mutually agreed upon business understanding.We execute rental agreements and get them registered as well.In one such agreement made with a hospital in Chennai about a year back we could not start the operations as agreed. The major hitch for not starting operations was from the hospital which did not give us adequate space to house the pharmacy and the Drug controller rejected the application.The hospital authorities are now insisting that we pay rentals for the place occupied(our furniture are there).Whenever we have asked them to increase the space provided so that we can start the operations they are very reluctant to do and give a lot of stupid and unwanted excuses. We have made a deposit of 5 lakhs. What are the legal options to recover the money from them?

Neeraj Sharma   04 October 2011 at 13:03

Property transfer

Hello,

My Name is Neeraj Sharma and my house address is DDA L.I.G. Flats, GH 5/7, Paschim Vihar, New delhi-110087. I want to transfer property papers which were on my father name but he deceased in year of 2000 and my mother was also deceased in 2007, now I and my brother want to transfer this Flat paper on our both Names. So Please help us and suggestion us the hole procedure of DDA Flats paper transfer.

And also I have one other query; My house is in Top floor on DDA L.I.G. flats and I want to make one small room on my roof. So, is it legal or illegal, I just want to know that.



Thank you

Neeraj Sharma

DDA, L.I.G. Flats, GH-5/7, Paschim VIhar

Date: 04-10-2011

Please Reply As Soon As Possible.

Thanks again

Anonymous   04 October 2011 at 13:02

Right to ancestrtal property

We are Eight sisters and brothers. There is an ancestral property percolated down to my elder sister from great grand parents/aunt. The property is now being disposed off. I am one of the sisters. I am not being consulted in the matter. 6 of sisters and brothers are staying in that property. I apprehend that they are ignoring me. Do I have right in the property and its sale amount? Kindly tell me what options are open for me.

divyesh   04 October 2011 at 12:30

Transfer of old rented house in mumbai

my uncle( mother's brother ) was living in matunga, mumbai, in a old chawl in one room kitchen. it was rented room ( like every where in mumbai on pagadi system ). now he has been expired because of old age , and he was not married. and me and my sisters are the only legal heirs of him. he has made a will also in favour of us . in that will he has mention all his movable and immovable properties including the room in mumbai.so i want to know that how can i transfer this room on my name . as it has a good market value , and in future there be good development there. if the building owner ask money for transfer ? is it required to give it?

Neeraj Sharma   04 October 2011 at 12:23

Property transfer

Hello,
My Name is Neeraj Sharma and my house address is DDA L.I.G. Flats, GH 5/7, Paschim Vihar, New delhi-110087. I want to transfer property papers which were on my father name but he deceased in year of 2000 and my mother was also deceased in 2007, now I and my brother want to transfer this Flat paper on our both Names. So Please help us and suggestion us the hole procedure of DDA Flats paper transfer.
And also I have one other query; My house is in Top floor on DDA L.I.G. flats and I want to make one small room on my roof. So, is it legal or illegal, I just want to know that.

Thank you
Neeraj Sharma
DDA, L.I.G. Flats, GH-5/7, Paschim VIhar
Date: 04-10-2011
Please Reply As Soon As Possible.
Thanks again

Anonymous   04 October 2011 at 01:33

Unregistered agreement v/s unregistered executed sale deed

Dear Sir / Madam, let me preface by admitting that this is not the 1st time that i am posting this query, but i seek views for both the defendant and plaintiff side.It may be routine matter for you but to me it means a lot.
"X"-seller "Y"-buyer
on 01.01.11 X entered into an agreement for sale in respect of a flat to Y, for a consideration of 10000/- with a condition to complete the transaction by 31.03.11. Y issued a cheque for rupees 100/- as advance money.X didnt encash the cheque and returned the same on 03.01.2011 to Y and destroyed the agreement made on 50/-stamp paper.
later on 28.02.11, after fresh verbal negotiation, X executed a deed of sale, which carried no reference of any agreement for sale, in favor of Y at an agreed price of 6500/-, but the same could not be registered that day.Later X refused to co-operate for registration.
Y approached court for injunction for sale of said property and specific performance suit, on 118th day from execution of deed fearing that the document may hit limitation under regn act, produced the duly executed sale deed (as document to be relied upon) pending registration and was granted interim injunction.
X then appeared during hearing for extension of injunction, and filed an objection petition stating that agreed price was rupees 10000/- as per agreement dated 01.01.2011 and not 6500/- as in deed.also stated that the agreement for sale had expired on 31.03.2011 and balance of Rs.3500/- was not paid to him.X has craved leave for filing the said agreement, (original destroyed and cheque mentioned therein as advance money has been returned to Y = simply the agreement was never acted upon).
X has not denied or accepted the execution of sale deed dt.28.02.2011 in his objection petition.
X has no other document other than xerox copy of the agreement for sale dt.01.01.2011.
Y has the original executed deed of sale dated 28.02.2011,which carries no reference of the agreement dated 01.01.2011, duly signed and with finger prints and photographs.
what shall be the strategy for X ?
what shall be the strategy for Y ?
shall Y emphasize that the deed of sale is an independent document bearing no reference or obligation of any agreement dated 01.01.2011?
shall Y admit there was an agreement which was cancelled or given a go by with mutual consent ?
what shall be the specific terminology- cancelled / scrapped / given a go by / destroyed ?
Or deny absolutely ?
CAN x ASK FOR AMOUNT NOT EVEN FAINTLY REFERRED IN THE DEED / MEMO OF CONSIDERATION?
CAN JUDICIARY ACCEPT x'S PLEA ON ANY GROUND?