Anonymous
21 August 2011 at 09:31
which is easier and inexpensive ,1.to transfer immovable property to an existing educational trust ,or 2.by constituting new trust and settling land/property in favour of trust.
Anonymous
21 August 2011 at 00:23
Sir,
In a property dispute case in Delhi, initially the plaintiff has filed a suit for possession and damages against her elder married daughter on the basis of a Will typed on a plain paper, but never produced the Will in original despite several orders. Now the plaintiff has filed a another suit for granting probate in her favour. The suit property is basically allotted to displaced persons of East Pakistan who had forced to come in India leaving behind their ancestral properties there. Please clarify the following points:-
1. Before filing the probate case the plaintiff had all the opportunity to file initially the original will in any of the courts including Delhi High Court and prove the Will. Since the plaintiff has failed to submit the original will during this years, can I move an application for dismissal of plaint mentioning various grounds including ancestral clause.
2. If my above said point No.1 is not so valid, then in that case, can I move an application for stay of proceedings. Kindly advise me appropriately. Thanks
Anonymous
20 August 2011 at 22:28
One Mr.A has sold his land to Mr.B in the year 1979 and the same is registered in the name of Mr.B. Mr.B died in the year 1985 and Mr.C (son of Mr.B) got inherited property. Mr.C is now surviving and he has one son viz Mr.D. Mr.C made a layout in the land and the layout is approved by the gram panchayat in the year 1990. Mr.C and his son Mr.D sold this land (layout made for housing plots) to Mr.E in the year 2011 and the land is registered on 9-8-2011. Now Mr.E is selling these plots to the public with an understanding of constructing a house thereon.
I want to purchase the plot from Mr.E and enter into a contract for construction of house by taking a loan from LIC. The cost of the plot (222 sq.yds) is Rs.13.50 lakhs and the cost of construction is for 1000 sft is Rs.10.00 lakhs. I want to enter into an Agreement of Understanding for purchase of plot and construction thereon by giving an advance of Rs.5.00 lakhs by way of cheque. Mr.E (the builder) is saying that the agreement going to be entered into is only for the purpose of understanding (NOT REGISTERED) and for the purpose of getting loan from the LIC by me by submitting this agreement. MY REQUEST TO YOU ALL IS THAT CAN I GO AHEAD WITH THE ENTERING INTO AN AGREEMENT WITH THE BUILDER (the agreement which not going to be registered)AND THE BUILDER IS SAYING THAT SEMI FINISHED HOUSE WILL BE REGISTERED IN MY NAME AFTER GETTING LOAN FROM THE LIC.
PLEASE SUGGEST ME WHAT CAN I DO?
Anonymous
20 August 2011 at 22:24
Dear Sir,
I am a investor and has invested in a property in Kolkata. I have maded full payment as and when the installment became due and took posession of the property. I have received lettr from a builder to get a registration done but as a investor I am scouting for a buyer in whose name I can nominate the property by giving the requisite transfer charges and the buyer could then get the property registered in his name so that I do not spend unnecesay registration charges and stamp duty. My query is that is thare a law that I have to get the property registered within a time limit from the date of possession ?
Anonymous
20 August 2011 at 20:29
My mother had issued a POA to my uncle in 1990. The word General Power Of Attorney are mentioned on the first page. It is a property governed by a partnership firm in which they are partners. Now my uncle in the year 2005, sold the property @ 97 percent less than the stamp duty rate to his own sons. Also in the sale deed he has mentioned he has passed a resolution and is therefore duly authorised to execute the deed. I think he has used the POA to sign on my mothers behalf on resolution without letting us know. Now what are my options. Can I file criminal complaint. Also kindly note that the POA is not registered but attested by government officer " mamledar".
Anonymous
20 August 2011 at 14:21
Dear Sir,
I had booked flat in Kamothe in 30th Sept.2009 (Agreement date )and make payment as per slab mention in the agreement.
I have paid full amount to the builder in August 2011.
Building is ready and builder demanding Registration Charges and Grill charges, in cash, while possession. Same payment clause not mention in the agreement. Also, he is not giveing us receipt for the same.
Please help..
rkj10
20 August 2011 at 10:57
I am the owner of top floor of builders floor developed in vivek vihar area.As per registry my ownership rights are alongwith the roof rights with a condition that owners of Ist,IInd and IIIrd Floor have a right to go to roof only for water tank and TV Anteena.I always use to lock to door of roof and whenever owners of other floors asks for key I use to give.
Now they took a IGL Connection for which pipe line has to go through roof.They without consulting me got it done.My queries are:
1.Whether I have a right to lock the door in confirmity with legal laws.
2.As per them Boundry(munder) of the roof is common which I do not understand because Roof is always surrounded by boundry.Please clarify.
3.I have heard that as per latest decision of the court owner of the top floor can even dismentle the waters tanks of other owners.Please clarify.
4.Also would like to know the rights of the owners of the builders floor
Mool Raj Vyas
19 August 2011 at 21:49
Under an Agreement to Sell dated January 20, 2010, duly registered, the date for getting the sale deed executed had been stipulated to be April 2010 on/after payment of sale consideration amount and it also provided (a) additional payment of interest @15% per annum on unpaid amount calculated with effect from March 1, 2010 (b) payment of advance money vide four cheques that also included a post dated cheque dated July 2011.
The buyers have not paid balance consideration money. Even the post dated cheque dated July 2011 , forming a part of the stipulated advance has been bounced. The seller has sent a notice for dishonor of bounced cheque under NI Act and have asked for payment in lieu thereof.
Now:
(a) Whether the buyer is entitled get the SALE DEED executed on making payment of consideration money ignoring however the matter of payment of interest beyond April 2010.
(b) Whether the seller is entitled to get the Agreement to Sell, rescinded on the ground that basic condition of payment of advance money even was not fulfilled by the buyers.
(c) Whether it seller is entitled to get the Agreement to Sell, rescinded on the ground that date of execution of sale deed as stipulated therein has been passed without the buyer having paid the balance sale consideration and interest payable under that Agreement.
(d) Whether it is necessary for the seller to rely simultaneously on both the grounds [that are mentioned in (b) and (c) above] for rescinding the Agreement to Sell.
(e) Whether sending of a formal letter of rescinding of Agreement to Sell is necessarily required to be sent and if yes which of the grounds need to be cited= whether (a) (b) or (c) that both and (a) & (b) simultaneously. Whether there are any specific formalities that need to observed for this purpose. Whether such a rescinding can be abrupt or the buyers are to be given some notice for reasonable time say a month or two – for making the entire payment- even in the circumstances where buyer has not fulfilled even the initial promise in totality.
(f) Whether seller is entitled to forfeit ‘that part of advance money that was paid by the buyer’ on the ground of delay in execution of sale deed that resulted into the harassment and loss of opportunities for which buyer had decided to make the sale of property.
Manoj
19 August 2011 at 21:39
Hello to all experts
A Land is owned by a Company in State of Gujarat. N.A. Permission in respect of said land dated 20-12-1997 for residential purpose is granted by District Collector under Section 65 of Bombay Land Revenue Code 1879. The N.A. Permission is granted with stipulations that
(1) Construction should be started within six months and completed within 3 years
(2) when construction is started it has to be informed within one month to the collector
(3) renewal of N.A. Permission within a reasonable time.
The Co. has not carried out construction within six months and till date no constructed has been done.
My Query is as follows :
(1) As no construction has been carried out is the the N.A. permission dated 20-12-1997 should be considered as elapsed., the occupant has not received any notice.
(2) The above mentioned land is mortgaged to the Bank as Security for financial assistance granted by the Bank. Now if the Mortgagor commits any default in repayment can Bank enforce the security.
(3) What steps are required to be taken by the Bank in order to secure or protect its interest.
(4) Whether Bank can ask/force the Occupant to get the N.A. permission renewed. Whether it can be renewed
(5) What is the status of the land in this case, will it be considered as agricultural land
(6) What legal steps are required to be taken by the Bank
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Bl&ro lr record problem
Dear Sir,
I am from West Bengal. On 1960 My Father had purchased a land. He has not done BL&RO Mutation & has not paid any Tax in favor of his name. And my father expired on last year. As a result the PLOT (RS.porcha) was recorded in BL&RO as seller (form whom my father was purchased the land) name till year 1970. Suddenly on 1971 at the time of LR. PLOT record, that my Father purchased land was recorded (mistakenly done by BL&RO officer) by that seller’s nephew’s name (that seller was bachelor).
Till now the aforesaid deed with us but the property is recorded with their (nephews of seller) name. We have already visited BL&RO office to resolve that problem but they are passing the ball.
Please advice me….
One of my friend advised me to make paper public publication by any advocate regarding the matter and after that all related documents should be sent by post with registered AD. to BL&RO office to rectify that problem.
Do you think this way this problem can be solve?
Please advice
Thanking you