Anonymous
05 May 2011 at 06:13
Property in the name of 'A'. Took money and executed an Agreement of sale/Irrevocable gpa with possession in favor of 'B'
'C ' relative of 'A' moved the court and succeeded in getting a perpetual injunction.
Now three years are over. Officially GPA has lapsed or since there is perpetual injuction that normal 3 years tenure of gpa does not apply.
Want to know what 'B' has to do regards to the lapsed GPA.
Anonymous
04 May 2011 at 22:21
Respected Sir,
Please clarify me what is the legal meaning of-Own means having clear ownership title of the property in the name of applicant-in the context of WB Land Acts.This phrase was described recently in the IOCL's rural Gas Agency Scheme namely RGGLV. I would request to you that which Deeds,Docus establishes the Clear Ownership in our state.
Anonymous
04 May 2011 at 22:11
Respected Sir,
Please clarify me what is the legal meaning of-Own means having clear ownership title of the property in the name of applicant-in the context of WB Land Acts.This phrase was described recently in the IOCL's rural Gas Agency Scheme namely RGGLV. I would request to you that which Deeds,Docus establishes the Clear Ownership in our state.
amol
04 May 2011 at 18:07
Dear forum,
I have been staying on rent from 01 may 2009 with rent of 4500 PM. next year i was forced to pay 5600 PM and now 6200 PM wef 01 may 2011. after giving the half rent of year in advance as no deposit was given eventhough he do not treat well or talks properly.
Can
1) i ask for the registered rent agreement without giving the remaining rent amount?
2) court / licensee / licensor decide the standard rent?
3) i recover the excess rent paid by me above the standard rent?
queryforme
04 May 2011 at 16:38
Dear Sir,
"
M/S. __________________ a Company Incorporated under the Indian Companies Act 1956, having its Registered Office at ___________________________ Represented by its DIRECTOR _____________ W/o. _______________ Hindu, aged about 49 years hereinafter called the term “VENDOR-COMPANY”, On the “ONE PART”
TO AND IN FAVOUR OF
Mr. ______________ S/o _______ aged about __ years, residing at __________ hereinafter called the term “PURCHASER” on the other part.
The terms “VENDOR” and “PURCHASER” shall always mean and include her/his respective legal heirs, executors, and administrators, successors in office, agents and assigns.
......
THE VENDOR covenants with the purchaser that the purchaser shall peacefully and quietly use and enjoy the schedule mentioned property as his own property without any let, hindrance, obstruction, claims of demand by or on behalf of any person lawfully claiming through or in trust for the VENDOR or otherwise and the schedule mentioned property is not subject to any charge, lien, mortgage, lis pendens, litigation, acquisition proceedings order of attachment passed or effected in any court pertaining thereto etc.
In the event of any loss or damage, the VENDOR shall at his own cost indemnify the purchaser in respect of the schedule mentioned property.
THE VENDOR hereby covenants with the purchaser that all the statutory dues payable to the local body or revenue authorities in respect of schedule mentioned property have been fully paid up to the date of registration of this Deed of Sale and if anything remains unpaid or claimed in future for the dues if any, the VENDOR shall discharge the same from and out of his own funds to the concerned authorities.
"
My Query: In first paragraph its shown as “VENDOR-COMPANY” and last two paragraphs used the term VENDOR. Can we mention "VENDOR-COMPANY" as "VENDOR"?
jolly
04 May 2011 at 13:37
Dear Experts,
My Taya ji made a forged WIll of my grandmother by endorse her forged signature and date of WILL was executed after her death in the year of 1979 (residential house in Chandigarh) and NOC's has been already taken from all legal heirs in the year of 1983. In the year of 2010 he sold the house to some property dealer where we were residing since 1969 along with my parents and my family in the possession of ground floor. Property dealer has filed a litigation of mandatory Injunction against us.
Pls suggest me, what legal action should l take against the forged WILL and real uncle in the path of justice.
Eagerly waiting for kind reply.
nishant gahlawat
04 May 2011 at 13:05
dear friends....in property matters A trasfers his plot to B by way of license.now here what sort of rights B attains? can B sell it further?DOES SUCH TRANSFER by license is barred by any time limit.
vipul
04 May 2011 at 12:54
Hi All,
I have a query regarding dependts rights on a property. I have purchased a property in hyderabad and got it registered by paying atamp duties. my query is that i have purchases from a person who has a wife, a physically handicapped son, 2 daughetrs which are married. His wife and son (physically handicapped & not married) is not staying with the person. he has not given divorce to his wife.
My query is that in future do his wife or son or his married daughter can claim any interest in the sold property. In all the registered documents he has , he is the owner and now we purchased from him so from now onwards we are the owner.
Can his dependents have any claim on the sold property.
Anonymous
04 May 2011 at 11:50
An agreement to sale (ATS) was executed in Tamil Nadu by six legal heirs of the property (Located in Chennai) on a stamp paper of Rs. 20, purchased by our father on 18th May 2010, after six years of his death with two prospective buyers. Our mother died before my father died.
A Token amount was given to all the legal heirs and it was stated in the ATS. It was further stated that the purchaser has to pay the balance amount in equal share to all the vendors and get it registered with in 90 days from the date the last vendor signing the ATS as the vendors are signing the ATS on the different date due to the fact some of them are residing out side the state of Tamil Nadu but with in India. The last vendor signed the ATS on 12-06-2010. Accordingly the performance should have taken place on 12-09-2010.
On the due date in spite of various assurance given by the buyers the sale could not be done even today ie 04-05-2011. Buyers are giving lame excuses and trying to delay the issue. Recently they had told that instead of sale deed they prefer to go on power of Attorney basis to avoid stamp duty etc., followed by sale deed and to show less amount of sale consideration. From this it is clear they are the genuine buyers instead brokers looking for a hike in the price and to sell later.
Since the forfeiture clause was not mentioned , they had not come forward to take back the advance money. On our enquiry, they insisted that they are interested in purchase and as per the law of land (TN) the ATS is valid for three years though for specific 90 days is mentioned. Neither he is allowing for a new buyers to come.
Shall be grateful if the clarification is provided on the following quarries which is roaming in my mind.
1. Is the ATS is still valid even after the expiry of 90 days.
2. Under which Law the indirect assumption of validity of three years of ATS is applicable as conveyed by the buyer.
3. Can they prevent the new buyers and create problem at the time of registration
4. Are we bound to return the Advance money though the forfeiture clause is not there. We are interested for the specific performance even today as per the ATS. Can we take legal action against the buyers on specific performance.
5. Since they are not demanding the advance money how to pay them. Is it to thro court or any other alternative is available.
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Limitation
Hello. Am a tenant and my landlord for the past 15 years stopped taking rent from me, on the ground that the building will be given to MHADA for redevelopment, nothing has happened, recently under advice of an advocate have started sending him monthly rent. He has recently filed a suit against me for non usage of premises, which has been declared as uninhabitable by MHADA. He has in his suit filed a receipt of service tax paid, which I have never paid.
My questions are:-
1. Can I send him monthly rent, or should it be accumulated for previous months which he has refused taking?
2. Can I go to court and file a suit for depositing the rent.