Arati Gawde
11 May 2011 at 22:06
My friend fence (Boundary mark) around his house (By way of permanent construction of cement) at oral permission / consent of the people who have ownership of that land around his house. And this way they gave permission for boundary mark on their land. Now after one & half year these people told that they want to measure the land and now they want back their land. So my queries are: -
1.1st whether these people have right to measure the land after the gap of more than one and half years?
2.What are the remedies available to the person who on oral permission /consent built fence around his house?
3.What is the time limit for measurement after giving oral consent?
4.Are these people having right to measurement of the land, and on that measurement destroy the fence (permanent construction)?
Kehari Singh
11 May 2011 at 19:45
Hi
I need your advice regarding registration transfer of partial property from one brother to another? My elder brother living in Jaipur was purchased a land and constrcuted a house on half of that land. he left half plot for me.
He was taken 13 lac loan as well from private bank.It's for 20 years duration.Now i have to start the construction as well on half of that plot. I want joint registration in that property. Or he may transfer half of it.
Please suggest your valuable feedback regarding partial property transfer or joint registration.
Regards
Kehari Singh
Abhi Sharma
11 May 2011 at 19:12
Rajasthan State Industrial Development & Investment Corporation Limited (RIICO) allots industrial land to individuals/organizations. An industrial plot can be permitted to be used
for setting up of hotel without going for any change in land use for commercial purposes
of the plot. In other words, for this facility the allottee concerned will not be required to
pay any conversion charges. However, the allottee concerned will have to pay differential
development charges worked out at the prevailing industrial rates less the development
charges already paid at the time of allotment of the plot. The differential development
charges as mentioned above would form part of the development charges (cost of
industrial land) as updated at par with the development charges for the industrial land
calculated at the rate of industrial area concerned and as may be prevailing at the time of
seeking such permission. The differential development charges are being recovered
deeming that the land is being allotted to set up an hotel at the time of seeking such
permission.
We applied, lets say in january and were allotted land on payment of the differential development charges amounting to around Rs. 60 lacs. Then suddenly after a few days of alotment to us and signing of lease with us RIICO scrapped the requirement of payment of differential development charges for the simple reason that "Hotel" has been declared as "industry" long back and as such no differential development charges are required to be paid. the promotion of hotel industry was also kept in mind while making such decision.
NOW WE WANT TO GET differential development charges deposited by us refunded. IS IT POSSIBLE? WHAT WOULD BE THE PROPER REMEDY? ANY CASE LAW IN THIS REGARD WOULD BE VERY HELPFUL? PLEASE HELP.
when we contacted RIICO we were told that the amendment scrapping the requirement of payment of differential charges is only for future allotments and not for those already made. but my point is that when when "hotel" was always an "industry" then such a requirement is not legal in the first instance. the amendment scrapping the requirement was merely a erealisation of mistake. is there any way we can take benefit of amendment in back date although the amendment has not been made applicable with retrospective effect?
Anonymous
11 May 2011 at 18:03
I have purchased a ready to movein flat in Bangalore from a reputed builder. I will be applying for a loan to pay for this flat from ICICI bank. The builder has taken advance payment and is preparing the ‘Agreement to Sell’. Now he has asked my for DD of 20,000 Rs. for registering the agreement to sell with Sub-registrar. My bank does not need registered agreement worth 20,000 rs. Only a stamped agreement of stamp value 200 rs is sufficient for them to disburse the loan. Please advice on the advantages & disadvantagees for me to pay this 20,000 rs to builder for registration at this stage? Also it is legally mandatory or may i negotiate with builder to pay this amount at time of flat registration.
Rajesh Bichitkar
11 May 2011 at 16:29
Actually we had purchased a flat in kalyan in the year 2008. We had taken Home Loan also where i was an applicant and my wife is a co-applicant. that Home Loan is still going on. Unfortunately while signing the Sale deed and registration my wife's name could not be included as joint owner. But now i want her to be included as a joint owner of the property. Society is formed in Feb 2011.
Request to guide me if i can execute Deed of Rectification or to execute Gift deed or otherwise. Also pl suggest on liability to pay any stamp duty.
Anonymous
11 May 2011 at 14:22
A flat is jointly held in the name of the name of two brothers(say A,B). 'A' invested the whole money in buying the flat in 1990 but got the flat registered jointly in his and his brother's(B) name. The flat is located at Kolkata and 'B' resides in it. 'A' lives in Delhi.
Now there is a conflict between the two brothers and 'B' is refusing to give any share in the flat that is originally owned by 'A' and jointly owned by 'A & B' in legal terms.
All telephone,gas and electricity connection is also in the name of 'A'.
I am Mr. A.
Pls provide the legal advice.
___Raja___
11 May 2011 at 13:15
Can come property lawyer give some information on the Government of India ruling on the issue of service tax for under construction property. As per the builder, we are supposed to pay 2.575% tax on all payments made after 1st July, 2010. I want to know the following,
1. Where can I find the Government of India circular (online if possible) which states that property buyers are supposed to pay this tax. As far as I know, the matter was still pending in court and a final ruling has not been given.
2. Legally who is supposed to pay this tax? The builder or the property buyer? Is the builder passing on his burden on the property buyer? Can this be challenged?
Thanks,
Raja
sudhakar s. yeradkar
11 May 2011 at 12:59
I stay in lokgram complex. There are 25 individual societies developed by one developer and functioning independently. Besides this one central federation is there called LOKFED which works for the common problems of the said complex.
I would like to know Is there any different By-laws for FEDERATION or existing rules are applicable which are laid in the existing By laws?
Please reply at the earliest.
rgds,
Sudhakar Yeradkar.
Anonymous
11 May 2011 at 11:18
I am a Married woman,married in state of Maharashtra in 1992 & well settled
Our parents who expired in 2008 left behind them assets & property without a will in writing but with an oral communications to me my entitlements & my other siblings entitlements.
As a gesture, I contemplate to issue a NOC favouring my siblings quoting the relevant section 29A of HSA 2005 as ammended. The section 29A of HSA 2005, as ammended reads as,
Under Section 29-A of HSA 2005,added by the Amendments, the daughter of a coparcener shall by birth become a coparcener in her own right in a joint Hindu family governed by Mitakshara law, and shall have the same rights and be subject to the same liabilities as if she would have been a son provided,
a. In the event of partition, she shall be allotted the same share as that of the son, and if she is dead at the time of partition, her children will be allotted her share.
b.She shall hold such property with incidents of coparcenary ownership, and shall be entitled to dispose of it by will.
c.A daughter married before 22-6-1994 (the date of operation of the Act) has been excluded from these benefits.
d.Nor are partitions effected before 22-6-1994 to be reopened.
e.And partitions effected on or after 22-6-1994 and before 15-12-1994, if not effected according to the provisions of the Amendment, shall be rendered null and void.
In view, is the stance taken by me is valid, & under what procedure should I issue a NOC & the legal wordings thereon.
Pl advice.
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rectification in declaration
Sir,
i had done a one side registeration and paid the stamp duty for my flat in 2008 under the amnesty scheme during which a decleration was done but to my suprise now i found that the flat no & the floor were wrongly mentioned .
Suggest me the remedial measure.
Thanks