Narendra Patel
30 April 2011 at 12:51
I am planning to purchase a land in gujarat.The seller of land has already paid to real owner of land as per documents 7/12.Now as i am planning to purchase the same land and still the dastavej has been not done,the seller is ready to make dastavej on my name so that i have to pay by cheque on the same day of dastavej.
But the question is as the dastavej will be done on my name and then i have to give cheque can i issue the cheque on the seller name who dont have his name in 7/12.
after dastavej the real land owner can claim.What will be the impact in income tax for me.As it will show i have not paid against the purchase of land.
Anonymous
30 April 2011 at 11:22
my grandfather & grandmother adopted my mother. my grandfather can not make any WILL before death, one of home of my grandfather gifted by my grandmother to my mother in 1985, because there are some persons that are claiming that this house is not a property of my grandfather, go away from this house,
my grandmother (aged aprox 85 year) lives with us at another house in punjab since 1990, can my mother claims other property with out any WILL or any other legal documents as she is adopted by my grandfather & grandmother
no other son/daughter of my grandfather & grandmother
can my grandfather's brothers (cousins), or my grandmother's brothers (cousins) claim property with out any WILL or any other legal documents
Anonymous
30 April 2011 at 11:13
is medical certificate is required for WILL
and who is authorized for making medical certificate (govt. hospital/ Private hospital)
and who is authorized person (Designation of authorized person)
my grandmother is near about 85 year old, some of property allotted to my grandfather at the time of partition of india & pak.
my grandfather & grandmother adopted my mother. my grandfather can not make any WILL before death, one of home of my grandfather gifted by my grandmother to my mother in 1985, my grandmother lives with us at another house in punjab since 1990, can my mother claims other property with out any WILL or any other legal documents as she is adopted by my grandfather & grandmother
can my grandfather's brothers (cousins), or my grandmother's brothers (cousins) claim property with out any WILL or any other legal documents
Anonymous
30 April 2011 at 10:54
my grandfather (A) comes in punjab (india) after partition of india & pak, and allotment of all property is in name of my grandfather, one house in nabha (Punjab), some property is in Delhi (shops), some property is agriculture, My grandfather has one brother (Cousin) (C), he eat all property except one house in nabha (punjab), after death of my grandfather & left my grand mother (B) & my mother (adopted daughter (D)), in old days some men can't disclosed all property details to his family (women), the same condition with us, my grand mother (B) gifted house in nabha (punjab) to my mother (D) in 1980 because there are some relatives claiming that the mouse in nabha(punjab) is there's property & go out from this house, after clearing some legal documents (B) gifted house to (D), but we don't have any legal documents of other property laying in delhi, or near delhi area, and we are not aware that were is property in india, in past my grandfather (A) swapped allotted house, th. a latter to authorities in jallandhur (punjab), but this paper is teared, house numbers are readable, but allotment number is not readable, in 2005 one of (C)'s legal hires said to my grandmother "there is some property in india, give her thumb impression on papers & we claim property" my grandmother said him "Go and eat that property also", we aware this discussion between my grandmother (B) in 2010, we discussed with many of our relatives for details of property some of them said "(A) have lot of property in delhi & near delhi, near karnal, (C) was very sharp minded & sly, may be he got thumb impression on some paper's from my grandfather (A), if (C)'s legal hires said your grandmother (B) for thumb impression that mean there is some property laying some ware" we want to claim property but no papers or detail with us, how we know about property allotments to my grandfater (A) & how we claim property, my grandmother lives with us at rajpura (punjab) from 1990, can my mother (D) claims property in legal way, one of my friend advised me to make will & power of attorney from my grandmother (B) in favor of my mother (D) or in favor of me, as we don't have any property detail, what should we write in will, can we talk to (C)'s legal hires or file case for claim property, & if (C)'s legal hires refuse how we file case
Anonymous
30 April 2011 at 10:09
Dear all,
My family has a property in the name of my Grandmother. She has three son. Now she wants to give this property to one of them.
So i want to ask that which will be the better, whether to transfer the property in the name of Son or Grandson. Better in every aspect, like in case any other son claim for that particular property in future.
Kindly guide. Here she just want to make declaration on paper. So what will be the correct method so that one can make him safe in future.
Rakesh Sood
30 April 2011 at 10:01
This is in continuation to my query reg gift of Plot to son. It was clarified by friends that a gift deed need to be registered. I want to get clarification on stamp duty payable on gift of immovable propert. is it based on value of propery or it is some fixed amount
Thanks
ANKUSH
30 April 2011 at 09:23
Hello
In a eviction petition before Addl. Rent controller under DRC act, 1958 under Bonafide requirement, respondent tenant was granted leave to defend.
During cross examination of petitioner landlord, in heat of arguments, advocate of respondent tenant said that he does not want to further cross examine the petitioner & voluntered to strike off his defence. On his request ARC, concluded cross examination of petitioner & struck off his defence.
On very same day (POST LUNCH) advocate of respondent, moved application for recalling of order before Ld ARC, without disclosing any reason, rather blaming the court mentioning that court was pleased to strike off his defence.
Petitioner filed reply & took plea that since no ground is mentioned in application of respondent & merely to delay the case, he took this step. No merits were there in his recall application. Ld ARC was also referred a case law of Delhi HC judgement (Nand Lal Vs. Vijay Kr. Gupta, Feb'09), which clearly said that ARC not being a civil court, can not review / recall its own order. Hence same was challenged both on question of merits & on question of law.
But ARC after 4 months, pronounced order in favor of respondent tenant, on the ground that same was done in heat of passion & client should not suffer for actions of his advocate. He also relied on an irrelevant judgement (Prithipal Singh Vs. Satpal Singh, SC, 18.12.09), & mentioned in order that ARC can review / recall his own order.
Hence respondent's defence was restored & he as also allowed to further cross examine the petitioner.
What is the recourse to petitioner landlord in this case under DRC Act, CPC, Constitution?
shivaraaman
30 April 2011 at 06:02
I am a builder, I proposed for a joint venture and a person with property details came forward, the documents were throughly checked by our advocate and he gave the clearance. Based on his version we paid them an amount as advance by cheque for which we had receipts from them. he handed over all the original documents to us.When we went for the approval the local panchayat leader had a doubt with one of the document and he said it is a fake one. When we went to the registrar office the registrar himself is not clear whether this is a fake document, but by the grace of god a sub registrar who worked in the same office in the same year explained that this is a fake document and it is made in such a way that nobody can have doubts, but with some internal secrecies maintained in 1982, the SR is able to find out that this is a fake document, Now we are talking with them to give our money back, how to proceed with the case, where all we have lodge the complaint against them and how to get our money back? Since this is a joint venture we have paid 10% of the property value as advance total area is two grounds and the entire property cost is 70L , suppose if anybody buys that property what will happen?Actually he has made a fake document ready clear in all aspects,made a settlement deed on his son and daughter name with the concerned registrar office, (here son and daughter is fake) then obtained a death certificate of the original owner his wife, created two legal heirs, obtained a legal heir certificate,made an agreement with them for selling/entering into joint venture etc., then entered a joint venture with us made them to give the POA etc., now how to proceed please send your advices at the earliest. Thanks
Anonymous
29 April 2011 at 23:04
Hi Experts,
Pls advice on the validity of stamp paper...i heard that it is valid for 6 months from the date of purchase or stamp.
Also advice on the reason for the same...
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legal heir but not in will,testator died,his mother as benificery claiming latter of administration
Sir,
I am legal heir of my maternal uncle who died,and made a will in favour of his nephew,the nephew also died,his mother asked forprobate/ substition,but court refused,now she is benificery of the will for ornaments and silver items. She is asking for latter of administration with will attached. the items for she is benificery is valued Rs.1.5 lacs and total fiexed esate is of Rs.1.5 cores.
The origianl benificery was caretaker of my maternal uncle,and we are not included in will.
Is there any way by which we can claim the property and give the benificery her movable ornaments and silverware as mentttioned in the will. we are chalngening the.
Can we the legal heir ,can file for latter of administration as seperate case without will.
thanks
latik