Anonymous
01 August 2011 at 14:42
The question placed here is - Whether oral agreement made between two parties for tranfer of immovable property before 20 years can be enforced. One of the person who agreed to tranfer and complete the registration has died ,after receiving the full sale consideration leaving behind his 2 sons who refuse to complete the registration. The subject property is in possession of the other living person who is paying all the statutory dues and is enjoying the same. Original documents of the property had been handed over to him but pending registration.
The query is
1. What suit should be filed by the person with original docs & who is in possession of the subject property pending registration for completion of sale to enforce his right.
2. Whether oral agreement can be enforceable if so, with SC precedents
3.Can be compel the two sons to complete registration, both have not objected of the oppponent enjoying the said property till date for 20 years.
pls clarify the above issues
Mukesh Bhavsar
01 August 2011 at 10:25
Dear Sir,
First let me introduce my self I'm Mukesh Bhavsar from India. I'm Hindu.
My Query is Property sharing from Father property.
My Father has 3 Sons and I'm third number Son. Last 5 years back I leaved my home without any get any benefits or property sharing. My elder brother also leaved home before 6 years.
My elder (1st) another brother stay with my Mother and Father, My question is what is say Indian law for Property sharing in 3 brothers with WILL or without WILL.
Can I eligible for get Property sharing after leave my home last 5 years back.
If my father make one WILL for all property benefits to only first ELDER brother. So I'm eligible after make any WILL favor 1st Elder brother.
Mukesh Bhavsar
Premchand M
31 July 2011 at 22:31
While registering a sale deed with sub-registrar in Hyderabad, though total of stamp duty and registration charges were correctly paid, the amount was inadvertently not bifurcated into various correct heads in the challan and SRO forced us to pay an additional amount of Rs.88,000/- under one account which we didn't fillup in the challan earlier. This eventually resulted in paying excess amount of Rs. 88,000/- under the head 'deficit stamp duty'. What is the procedure for claiming back the refund of excess stamp duty paid w.r.t law in Andhra Pradesh.
Note: No written evidence is available for refusal to register by SRO though circumstantial evidence is available.
allurisivajiraju
31 July 2011 at 20:52
Respected Seniors,
I purchased agricultural land an extent of Ac. 0-75 Cents in Municipal Area. Later on I came to know that in the middle of the above said land an extent of Ac. 0-17 Cents was marked as Park in Municipal Records.
Now i am ready to pay cash as per the Governemnt value of the above said land of Ac. 0-17 Cents to the Municipality or i will give my another alternative land for the equal value in the said area to the Municipality.
Now I want to know that what is the procedure under Municipal Laws to delete the above said park in the said land in municipal records.
Thanking You Sir in advance.
S RAJAKUMAR
31 July 2011 at 17:25
My friend purchased a property in the October, 2006. He also got the patta transferred in his name. His vendors purchased the said property in the year 1988. In turn her vendor purchased the property in the year June 1985. The sellers in the year 1985 are said to be legalheirs of one Mr."O" who expired in the year 1941 leaving his only son and his legalheir. His son died in 1981 thus his wife and his children who are the sellers in 1985. Meanwhile three other people claims to be legalheirs filed a suit in city civil court which has no jurisdiction over the said property. The suit was dismissed for default for non-appearance of both plaintiff and defendant. Subsequently the suit was restored and decreed as exparte against the defendants. The prayer in the suit was The Sub-registerar and the Tahsildar should only accept and register the documents which bear the signature of the 2nd Plaintiff, no other documents should be registered.
The 2nd Plaintiff applied for an Execution Petition in the year 1995 in respect of the suit with the jurisdictional court and the same was dismissed as time barred in the year 2007. Meanwhile the 2nd Plaintiff filed another suit in the city civil court to adjudicate the earlier decree he had obtained in the year 1989. The same was dismissed by trial court as well as the high court claiming that the plaintiff is abusing the law. In order to create encumberance over the property the 2nd plaintiff mortgaged the suit property together with other properties valued in crores to a meagre Rs.1000/- in the year 2005. He also sold the property in April,2006 and thereafter in the year 2007 he released the property from mortgage. Now the property has got two owners from two different sale deeds. Kindly advise me who will be the real owner of the property and also provide me any case law available to reitrate the stand to be taken.
Anonymous
31 July 2011 at 16:37
Hi,
Husband & wife are staying abroad. My husband got house in village (Maharashtra). All papers are in the name of Husband. my father-in-law had kept Husband ‘s aunty & niece (for studying) in husband’s house in village.
Can husband aunty or husband’s niece can claim on house or can they transfer husband’s village house on their name.
thanks
Anonymous
31 July 2011 at 12:48
Sir,
My father is selling his house in Delhi.I want to share my fear with you that at the time of registry the daft which is shown may be unreal as it may be used for fraud with us or somebody may snatch after all the process of transfer of property to another person or he can take at gun point from us.
Now, i want to know that what will be the effect on deal it will be concerned as void or something other. what are the ways to recover the amount of house which is transferred and how much time will it take.
Anonymous
31 July 2011 at 11:04
I am a shop owner. I made a earnest deed with Mr. X for the shop. In a first deed the sale price was fix Rs. 14.31 Lacs. 2.31 Lacs were given as earnest money.
After 10 days Mr. X came and request for a new earnest deed for Rs 12.51 Lacs as sale price and 1.00 Lacs as earnest for bank loan purpose.
After some more days Mr. X requested a final earnest deed for Rs. 9.81 Lacs as sale price.
Mr. X wanted to show lower price for the shop to save the stamp duty.Overall final 9 Lacs Rs. pending to give me for final sale agreement. The buying party's loan procedure was continue.
In earnest deed contract I didn't give possesion to him. Meanwhile Bank officer visited the site and for this I gave key to him.
But after that Mr. X encroched illeagly my shop and didn't give me key. The final date of earnest deed is over. Mr. X is not giving me the rest amount 9 Lacs or the possesion of the shop.
what should I do ?
Anonymous
30 July 2011 at 22:25
i have aggrement written for property rented
with my landlord,there is nothing mentioned about water supply charges,it has been there
for last 10 years,all of sudden my landlord has started asking for the water charges, when i refused , he forcefully cut the connction,
moreover can i get my own connection
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Stay Order
Kindly let me know if one can pray for stay order from a court on the basis of a rent agreement which is not registered.