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Anonymous   11 June 2011 at 17:32

gift deed

We have executed a gift deed for a said commercial premises in our favour i.e me and my brother..we both also being the only legal heirs for our parents .we have notarised the deed and the society transferred the membership in favour of us on the basis of NOC and gift deed being provided by our parents..Now the society is being redeveloped as it was in a dilapidated status..now we being the members paid the stamp duty and registered for the new premises that is constructed..we attached the deed which was executed earlier with the new agreement which is executed for the new premises..are we with a clear title to the said flat???

Anonymous   11 June 2011 at 16:25

NOC

My father has made a will in favour of me and my brother..My mother is not included in the will as she is fine with my fathers decision and also has mo interest on the said flat..Now do i also need a NOC/relinquishment from my mother for the same also when we are certain that there wont be any dispute between us as all are agreeing the will drafted..

Mahesh   11 June 2011 at 14:07

leave & license agreement

Hi...

I want to know whether the leave & license agreement should be registered with the registrar office.

what is the amount of the stamp duty payable on the LALA for the 11 month with the rent Rs. 11000 P M and deposit of Rs. 50000 with the RENEWAL CLAUSE (For commercial)

Anonymous   11 June 2011 at 12:21

will..

is registration of a will compulsory???

Anonymous   10 June 2011 at 23:53

Maharashtra Stamp Duty

We inherited property in Maharashtra and possess one unregistered Agreement of Sale executed in 1978 between our late parents and the builder with a Rs. 4/- stamp on it. The society was only formed and registered a few years later. We have no other documents.

Conveyance by builder in favour of the society got registered with the sub-registrar of assurances a few years ago.

Does this mean that the unregistered agreement is in all likelihood a copy and the original agreement having a stamp of Rs 5/- may actually have been registered and that original may be with the builder as it would not have been possible to get society conveyance without all members clearing their stamp duty dues?

Is there any steps we should take to secure any additional documents including copies?

Anonymous   10 June 2011 at 21:52

Inherited property is exclusive property?

Respected R.Ramachandran Sir, in my one query dated 22.5.2011 your goodself reply with confidence that “ the self acquired property of father inherited by his son after the death of father will be his exclusive property as per Section-8 of HSA 1956 and it will be not his ancestral property and the son has the liberty to gift it to anybody he wants. Since it is not an ancestral property, the provisions of HSA (Amendment) Act, 2005 will have no application at all to the matter.”
But Sir, while going through Sec-8 of HSA 1956 it has been learnt that this section-8 speaks only about the Class-I & class-II heir and nothing more.
Sir, I have read your many replies of different authors and all your replies are best one. Hence I believe that said reply must be correct. So will you please paste some court order/ Concerned para of HSA 1956 in support of your reply.

Rohit Bhatt   10 June 2011 at 19:52

share in ancestral property consideration

There is an ancestral(?) property in my village. My family tree is as follows:
Mr. T(head of family)

Mr.G(son) &
Mr.K(son)
Children of Mr.G
Mr.B(son) & Mrs.B(son's
wife)

Mr.D(son) &
Mrs.D (son's wife)

The property in question is in the process of being sold/disposed off for a consideration.
In the above family tree, only Mrs. D(my aunt) survives.
I am Mr. B’s daughter. I am a married daughter, who has lost both her parents. I have three siblings (one elder brother and two married sisters).
Mr. T, during his lifetime, had already allotted a property to Mr. K and has been already disposed off by the immediate inheritors, and it plays no role regarding the property in question.

The property in question was acquired/built by Mr. T. and the concerned property was passed on to Mr G( since Mr K was already given his property)
I have been informed by my elder brother, that only Mrs. D( she has four adult married children), being the surviving widow of Mr. D, my paternal uncle, is required to give her assent to the sale deed to be prepared in regard to the property in question. The other signatory is purportedly only my elder brother( only son of my father, Mr. B)


My query:
Does the requirement of Mrs. D’s signature imply that the property is ancestral inasmuch as it can give me a right in the sale consideration? Will I have an implied right to give my assent also in respect of the said property?
P.S. I am not aware of any will of Mr. T or Mr. G or Mr. B, and I believe personally that no such documents exist. Would the existence of a will prove a hindrance to my claim?

-Mrs. Rohit Bhatt

Struggling Landlord   10 June 2011 at 12:16

What is preffered : Compromise Decree or Compromise Agreement?

I have filed case against a tenant for possession due to non payment of rent in district court under MhRC (Rent Control) 1999 act. After some time tenant negotiated with me and we came to a compromise settlment. Now we have 2 choices to get compromise done in writing.
1. To execute compromise decree before court.

2. To execute registered compromise agreement outside the court and withdraw the litigation

Please suggest me what is preffered way ? with reasons

Thanks in advance

Anonymous   10 June 2011 at 11:47

Parking dispute

Dear Experts i have been posting the below mentioned queries for the 3rd time. Kindly reply...help is needed

Two societies are located in the same complex (VASAI E) and are currently sharing common entrance and parking space.

Society "A" which is a 7 storey tower was built first. Subsequently the promoter had built Society "B" in the space meant for Garden of Society "A".
Society "B" is also a registered society for the last 5 yrs.
Now society "A" has issued a notice to society "B" stating that "B" is built on land meant for garden of "A", hence they are entitled for parking within the compound and also "B" must have there separate gate from the back lane of the building.

kindly advice.

C.A Alok Mukherjee   10 June 2011 at 11:08

what are the precaution buyers to take before buying a residential unit

what are the precaution buyers to take before buying a residential unit?

How a buyer can search the test that a property is free from encumbrance? It might happen a seller sold a property to a buyer but that property is already mortgaged to the bank or somebody. How a buyer (individual) can ensure that the property is free from all charge?
Whether before making a payment to the seller is it worth to take voter id & pan as kyc for the seller? Is it necessary?
I had heard that searching of property help out whether it is in the name of owner or some other person.