raghavendra
11 August 2011 at 18:37
sir,
long KIDB had allotted the land to two persons jointly , for establish a distillary , now that two owners want to sale that granted land , can it possible ?
i want to purchase that land for residential purpose , can it possible ?
owner is saying from industrial purpose it has converted for residential purpose can it possible ?
can i purchase that land ? for construct a house
Anonymous
11 August 2011 at 16:56
Please go through the below provisions of a lease deed:
1.DURATION AND RENEWAL
Upon expiry of the Term of Lease, the term of lease may further be renewed by mutual consent of the parties.
1.1 That this lease shall, unless further renewed, come to an end on September 19, 2017 and the lessee shall hand over physical vacant possession of the schedule premises to the lessors.
2.TERMINATION OF LEASE
2.1Unless otherwise terminated as provided herein, this Deed shall be effective from the date of execution hereof and any renewed term thereof and continue in force for the term set forth in Clauses 1 and such renewed term.
On the basis of the above two clauses, the authority concerned has treated the lease as a lease in perpetuity.
What would be the objection against such interpretation of the above clauses?
Please reply with the help of case laws.
Mohandoss.R.
11 August 2011 at 14:47
Sir, Gift Deed was cancelled within 8 months and Donor went to court to cancel the Gift. When it was pending in court, Agreement for One piece of Gifted property was signed and Sale Deed for another was registered by Donee. The worth of sold piece was 65000 in 1979 but Buyer cheated 21 year-Lady-Donee by fixing it at 10000 but paid only 5000. Annoyed at this, she gave back the gifted properties in the court. Buyer went to court stating that he was not aware of pending litigation & therefore innocent when he bought. Court believed it and decided in his favour. But, the unregd-Agreement bears the fact of then pending court cases. ONLY When we tried to sell the property in 2005, Buyer came out with a Public Notice that there is an Agreement signed in 1979, meaning that it is still valid even after 26 years and therefore, it can not be bought by anyone-else except he. Despite Lawyer Notice,personal letters, he keeps mum without giving a copy of the Agreement. We want it. If we fear to go to court, as he may say 'it is not now available'. Kindly advise as to how to get the copy or make him produce it in a court. Thanks a LOT Sirs.
Chandrika Subramaniyan
11 August 2011 at 14:42
I am in the process of selling my flat for 60 L IN Chennai . Full Sale amount will be through DD.Buyer wants to proceed with the sale through POA to himself to register the flat in his 3 children’s names for a lower amount of 25 L. I would like to show the full 60 L amount to IT as LTCG…..and invest the calculated LTCG in to NHAI to avoid tax burden. As the title of the property will still be in my name at the time of registration, would IT not question me about the discrepancy in above transaction ? I would be grateful for your guidance so as not to default with the IT and let me know the legal procedure to follow in above case..
Thanking you
Sincerely
Chandrika
Maitri Gda
11 August 2011 at 12:28
Husband & Wife had purchased property jointly. the fisrt name in agreement is of wife & second name of Husband. The Payment is shown from Wife name & Payment amount of Husband is shown in books as Loan to Wife. What if wife dies wether Husband can have rights on the property?
Anonymous
11 August 2011 at 12:25
My Grand Father ( Mother's Father ) died year 1970 without will., My mother got married year 1971, then after passed away in year of 1982,I am only Son, My mother have 4 sisters and one brother,
My Grand father's land transferred to my Grand mother's name in the year of 1972 and Recently last year my Grand mother given a Gift Settlement Deed to his Son. Now all the properties transferred to Son's Name,, Is it I am eligible to get any share on my Grandfather's Land & properties,.. Pl. give your suggestion. Thanks.. Mahandran
Maitri Gda
11 August 2011 at 12:22
As per Guidlines of Coop Housing Society Bye Law can Society Charge Interest on Penalty Which is not paid by member against Protest?
Can Society Charge Interest on earlier Interest not paid?
kRISHAN LAL
11 August 2011 at 11:48
Sir,
My mot 141 sq.yds.her purchaseda plot of land and constructed a holuse thereon in 1952. My father died in 1984 and my mother expired in 1999 intestate without leaving any will. We are five brothers and one sister. In he year 2001 we executed a deed of relinquishment in favour of one of our brother.
Sir my precise query is whether my brother on the basis of the deed of relinquishment which was registrered in the office of sub-registrar, Rohinmi, Delhi, can sell gthe property or is it necessary to first get the property mutated in his name in the sub-registrar's office. Whether Ded of relinquishment is asufficient document for selling the property
Kindly advise
Krishan Lal
ashit
11 August 2011 at 11:47
Is lease agreement made with one single Co-owner of Co-ownership property is valid? If so, is it valid by taking the permission from other Co-owner in the form of an Affidavit?
Can agreement can be made with a single Co-owner by taking permission from other co-owners in the form of an Affidavit?
Kindly advise me in case of
1) Co-ownership of wife and husband
2) Co-ownership of other than wife and husband
Whether the aforesaid Lease Deed can be registered ?
Whether Rent will be paid to both co-owners ? If one give permission to another in the form of Affidavit, is it valid to pay rent to one co-owner? please advise me
Kindly advise me
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Transfer of share certificate on my name
1. I PURCHASED A FLAT (RESALE) AT MUMBAI, 1 YEAR BACK THROUGH REGISTERED SALE DEED. IN ACCORDANCE WITH THE SALE DEED, I HAVE MADE ALL THE PAYMENTS. I WAS GIVEN NOC AND NO DUES FROM SOCIETY SECRETARY AT TIME OF PURCHASE.
2. I HAVE ALSO PAID THE SOCIETY TRANSFER CHARGES, MAINTENANCE CHARGES ETC AS APPLICABLE TILL DATE. HOWEVER THE PERSON FROM WHOM I HAD PURCHASED THE FLAT HAS NOT GIVEN ME ANY POSSESSION LETTER.
3. NOW THE SOCIETY (CHS)SECRETARY SAYS THAT THE SHARE CERTIFICATE CAN NOT BE TRANSFERRED ON MY NAME SINCE I DO NOT HAVE THE POSSESSION LETTER FROM ORIGINAL OWNER.
4. PLEASE ADVISE HOW THE SHARE CERTIFICATE CAN BE TRANSFERRED ON MY NAME AND WHAT I SHOULD DO AT THIS STAGE.
5. I HAVE (A) RECEIPTS FOR PAYMENT OF ALL SOCIETY DUES, (B) HAVE REGISTERED SALE DEED ON MY NAME, (C) PAID UP THE TRANSFER CHARGES AND (D) HAVE BEEN GIVEN THE NOC AND NI DUES AT THE TIME OF PURCHASE BY SOCIETY SECRETARY. (SOCIETY SECRETARY ALSO WAS THE BROKER DURING THE FLAT PURCHASE). I SHALL BE OBLIGED.
THANKS
REGARDS