Manoj
28 August 2011 at 10:40
A Deed of Conveyance in respect of property of Rs. 30,00,000/- that comes under the purview of disturbed area, Gujarat was executed between “A” the Purchaser and “B” the Vendor and presented before the Office of Sub-Registrar, Ahmedabad for registration. The Sub-Registrar has kept the Deed of Conveyance pending for registration due to absence of permission from Collector which is required before registration when a property comes under disturbed area declared by the Government, Subsequently an Equitable Mortgage was executed by “A”, the purchaser and registered in respect of same property of which registration of Deed of Conveyance is pending before the Office of Sub-Registrar of Assurances in favour of the Bank.
My Query is :
(1) What is the procedure/process of obtaining such permission from Collector in case of property situated in area declared as disturbed area in Gujarat.
(2) Whether any title is passed on by “B”, the Vendor to the “A”, the Purchaser, If yes what type of title is passed by “B” to “A”. Whether is a legal/ rightful owner
(3) Whether any such Deed of Conveyance which is executed between “A” and “B” which is still pending for registration before the office of Sub-Registrar for the above stated reason, makes “A” the legal owner,
(4) Whether the “A” the purchaser can create mortgage in favour of Bank when the registration of Sale Deed is still pending before the Office of Sub- Registrar as in this case mortgage has been created by “A” in favour of the Bank. If yes whether it is legally enforceable.
(5) Whether “Transfer of property Act” and “Registration Act” allow such transfer, whether it is valid in legal parlance.
(6) What will be the position in respect of the interest of the Bank in this case.
Anonymous
28 August 2011 at 07:44
Sir, Please Guide, :
Partition Suit filed in the District court one month before.. : First Summon on 25/08/2011, After lot of discussion I engaged the lawyer and Ist Installment paid 5k, but when I go to court : Judge on Leave, the case put on some other date..
I surprise to know that How this court functions, when they send summon mentioning the date, but on that date Judge take's leave, I didn't get any info.. : after visiting the court I came to know that Judge on Leave, Waste of may name, and Lawyer telling me if I don't engage the lawyer, then the case go for Ex-partie : How it is true ?,
Next day District Judge called for the Monthly meeting for the discussion of How to speed up the pending cases..: It is really just as a Eye wash meeting because SC insist to do the same,
Please guide me : Partition suit filed to put me in trouble & because of Suit I am not able to sale my properties, I should not sale the properties that is the intention of the person who file this partition suit.., My Lawyer say It take min. one year to get some way out.. till the time I have to await..
I feel it is totally unfair,
Can I send the Registered Letter to District court Judge about this case and request to consider / suggest speedy trail / end.. :
What kind of action's I can take, : partition suit don't carry any merits.. & even It have merits just 5% share they are eligible to get.. but they are not at all discussed before going to court, and their basic intention is to put me in trouble and not allow me to sale as I wish..
Case in Tamil Nadu.. District court : because the valuation of properties shows more then 25L.
lalit
28 August 2011 at 02:31
I NEED HIGH COURT OF JUDICATURE-MUMBAI- ORDER DATED 12-10-2001 ON STAMP DUTY,that sub-registrars to accept documents with deficit stamp duty, till clearance on market value.
Anonymous
28 August 2011 at 00:56
My fathers were three brothers.
They inherited a property from their father i.e. my grandfather
My father had a share in aforesaid property
My father died in 1987.
After his death my uncles son and daughter has entered into a family settlement. They filed a case in 1987. My father made a will in 1983 stating that he wanted to give his share to my uncles son.
We are 5 sisters and we have no idea about the will. Do we have a share in aforesaid property? Can we challenge my father will? If yes then please suggest the procedure of filling the case/application and the format of the application. A simple application will help. Please suggest.
Anonymous
27 August 2011 at 22:41
Here is a complete list of details about who lived in a room which comes under pagdi system
IN 1980: My Granma, my dad and his 4 sisters and my Granpa(rent receipt was on his name)
IN 1985: TWO of my dads SISTERS got MARRIED
IN 1990: My granpa, granma, dad and his
2 SISTERS and my MOM
IN 1992: My granpa expired and then there lived my Granma,my dad and his 2 sisters and my mom and ME(born in 1991)
DURING 1995 and 1998: Other two sisters of my dad got married.
FROM 1998 ONWARDS: My granma, my dad, my mom and me
IN 2001: My granma, mom, dad and i, shifted to NAVI MUMBAI, but my dad used it as home because it was difficult to travel everyday.
IN 2008: My DAD EXPIRED. During this period the RATIONING CARD included names of my dad,mom,granma and me.
After dads death my granma decided to stay with her daughters.
IN 2009: My and my moms NAME WAS DROPPED from Rationing card WITHOUT OUR PERMISSIONS
The rationing card was then submitted to landlord and Electric board. Despite we giving a notice from advocate to the landlord the room was transfered to only my Granmas name.
AND WE WERE CHEATED
We filed a case against this in small causes court and also attached all income tax, telephone bills,etc and cout gave a quite fair decision.
Now the builder has declared SLUM over there and he says that only my granma holds rights not us in property.
Do we hold rights in property. if yes then what should we do further.
Pawan
27 August 2011 at 21:48
Hi,
I have a property in Mumbai which is a joint ownership with my elder brother. We now would like to remove a name from the property.
I need to know how do we do this. What is the catch if the property is trfd of one of us then in that case how should we do this. How much / what kind of tax he would have to pay in the current financial year.
Regards,
Pawan
Anonymous
27 August 2011 at 01:29
in a property case regarding transfer of property(plot) in a co-operative society case
1. civil court dismissed the case for default
as petitioner continuously absent
2. district consumer forum gave verdict in favour of complainent for deficiency of service
3. the respondents filed ARC with Arbitrator/registrar of co-op societies:
case dismissed for default but made an observation that the nomination since accepted by the society it becomes a contract.
4. respondents went to HC, again dismissed for default of absence
5.state forum advised the complainent to
approach civil court.
Please show a way out & comment on the ARC's observation. Can the society be taken to task for not registering the plot of my late father's nominees.which verdict is final & binding on whom.
Anonymous
27 August 2011 at 00:52
i would like to purchase a plot in vizianagaram dt, andhara pradesh, the owner was expaired 2 years ago. Now her husbend and only daughter would like to sell the same to me. both are ready to sign on the sale deed. please let me know what are the other documents i need to get complete rights on the property after purchase. Actually i would like to have bank loan to build a house in that plot.
your advises on this is highly appriciated
Anonymous
26 August 2011 at 21:39
If the Father (NRI) is living and selling property in India while he is alive but only giving the money received to 4 of the 5 living children and not giving anything to oldest son, what rights does he have? Along with grandchildren?
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Sale of plot by father
Respected experts,
My father has sigend an agreement for sale of his self acquired property comprising 2400sq.ft plot and a house build on it, we five son's and one sister had on times helped and contributed financially our father towards acquiring thwe said property,but owing to some differences my father has entered into agreement to sale with person "A" @ Rs.850/-Per Sq.Ft and the said person "A" on the basis of the said agreement to sale is trying to sell the siad property to some another person @Rs.1100/- Per.Sq.Ft.
sir I want to know what Legal options do we have legally to halt the sale and convince our father that his property is saleable @ Rs.1100/- Per.Sq.Ft.Also can we as the legal Heirs have right to ask for a share from the sale proceeds?
Thanking you and looking forward to have best opnions from you all.