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dhananjay pathak   07 April 2011 at 15:51

conversion of agri land into non agri

i have asked to get na certificate for my land which i want to use for my residential purpose. the land is held under non-development agriculture section. its in maharashtra near pune. please let me know the procedure to get na certificate and related documents and fee for the same. also how much time it takes to get such certificate.

Anonymous   07 April 2011 at 15:48

Query on LLP


Dear Members,

Kindly clarify whether while conversion of Private Company into LLP is it necessary to have minimum contribution of the LLP equal to Paid - up Capital of the Private Company.

Your early reply is highly appreciated.

Warm Regards,

Anonymous   07 April 2011 at 15:47

money lending license act ( Mumbai )


Please advice me on :law for Transfer of currently existing money lending license from one member to another member in the family ( before death ) and law for change of status of license from sole proprietor to partnership firm

Anonymous   07 April 2011 at 15:40

Transfer of Property Act 1882


"73. Right to proceeds of revenue sale or compensation on acquisition
(1) Where the mortgaged property or any part thereof or any interest therein is sold owing to failure to pay arrears or revenue or other charges of a public nature or rent due in respect of such property, and such failure did not arise from any default of the mortgagee, the mortgagee shall be entitled to claim payment of the mortgage-money, in whole or in part, out of any surplus of the sale-proceeds remaining after payment of the arrears and of all charges and deductions directed by law.
(2) Where the mortgaged property or any part thereof or any interest therein is acquired under the Land Acquisition Act, 1894 (1 of 1894), or any other enactment for the time being in force providing for the compulsory acquisition of immovable property, the mortgagee shall be entitled to claim payment of the mortgage-money, in whole or in part, out of the amount due to the mortgagor as compensation.
(3) Such claims shall prevail against all other claims except those of prior encumbrances, and may be enforced notwithstanding the principal money on the mortgage has not become due."
The quote is in respect of acquisition made after a mortgage is registered. What will be the status of the mortgage registered after the acquistion is notified under 4(1)?
Will it be considered by the court that the Bank that registered a mortgage "after 4(1) notification did so at its own peril"
as declared in the case of the judgement in SC 540-1996 against the purchaser of land after 4(1) notification?

Prachi   07 April 2011 at 14:09

Possession of property

hello friends,

If builder doesnot give possession on date mentioned inagreement what remedies available for both
builder as well as purchaser

Anonymous   07 April 2011 at 13:44

Rectification of Property Papers

Hello,

My father had purchased an industrial shed in the year 1991 in Peenya Industrial Area, Bangalore. The land falls under the jurisdiction of Karnataka Industrial Area Development Board (KIADB) The shed was allotted by the KIADB to the seller in the year 1990 who sold it to us in 1991.

Total area of the property is 10,000 sq ft which includes 5,000 sq ft of shed/building and remaining is free space. We wish to sell the property now, however on reading the sale deed we find errors with regards to the total area of the property as only the area of shed/building is mentioned without any mention of the free space. The khata extract clearly shows my fathers name as the owner and the correct area of the property as 10,000 sq ft i.e shed plus free space.

I feel the error in sale deed will create problems while selling the property and hence wish to rectify the errors in the sale deed.

Please suggest as to who should we approach who can handle this issue for us and what is the procedure to get this rectification done. Also the seller from whom we purchased the property is not in our contact any more.

thank you very much and hoping to an answer for my query very soon.

Anonymous   07 April 2011 at 13:11

New Rental Deed importance for tenants more than 25 years.

Dear Expert,

please provide me your valuable suggestion on the following tenant case.

Letter from Owner to Tenant, posted 2 months back:
==============================================
Dear Tenant,

Sub: Request for the Payment of Rent dues, GHMC Tax, Electricity Bill and new Rental Deed.

This letter is to inform you as under:-

1. It is to remind you that, your rent is payable on the 1st day of each month, and late if paid after the 5th day of the month but it has been regrettably observed that you are failing to pay rent in a timely manner, for the Mulgi bearing municipal No. 15-4-222(Ground floor), Hyd.

2. The said Mulgi was reconstructed under the Road widening scheme and as per the orders of the Honorable High court dated 15.6.1987 in the writ petition No. 16709 of 1986, the rent of the said Mulgi was fixed at the rate of Rs.200/- (Rupees two hundred only) per month (exclusive of electricity charges etc.,) which is subject to increase at 33.33% after every three year. After construction the said Mulgi was delivered to you on 26.6.1987 by MCH with my acknowledgement under the terms and conditions imposed by Honorable High court in the write petition, referred above. It has been observed that, after repeated reminders you have not enhanced the rent from the date of possession, as directed by the Hon’ble High court of A.P in the write petition referred above. Presently, you have an amount due of Rs. 92,854 (Rupees Ninety two thousand eight hundred fifty four) without interest (refer ANNEXURE - 1 for Rent details). Please pay this amount immediately.

3. According to GHMC property tax demand notice PTIN NO: 1052007893 Total Demand as on Jan-2011 Rs 8938 is due to GHMC by the tenant.

4. With reference to APCPDCL Electricity Bill demand notice, Service NO: 10520345693 Total Amount payable as on Jan-2011 Rs 2477 is due to APCPDCL.

5. As the said Mulgi handed over to you by GHMC with my acknowledgement on 26.6.1987 as directed by Honorable High court without Rental Deed. Hence you are requested to execute a new Rental Deed relating to the said Mulgi in my favor on the agreed terms and conditions within a period of two weeks from the receipt of this notice.

Kindly do the needful, in default we will be forced to take action against you in accordance with law.

ANNEXURE - 1: Has details in tabular form, where tenant has not enhance rent(every 3 year) as per court directions.
==============================================

1) Though the owner issues rent recipient every month along with tenant signature(1/3 rent book), how much it is important to execute new Rental Deed or renewal the old for such old tenants per law?

2) What could be court order possibilities in this case?

3) In which act and sections owner or tenant can file case for this matter?

Thanks & Regards,
-Doulat.

Indranil Mukherjee   07 April 2011 at 12:57

Requirement of Transfer NOC / Mortgage NOC from CIDCO

Hi,

1. I had purchased a flat in Koperkhairane (Navi Mumbai) in 2009, directly from builder (Plot is CIDCO Tender plot).
2. Now, I wish to sell the flat and take another flat.
3. However, the banker (Punjab National Bank) of the new buyer is asking for CIDCO NOC.
4. However, our society is not yet formed and is still under the builder.
5. Builder says that no CIDCO NOC is required and that builder NOC is sufficient.
6. CIDCO official say that no NOC is provided by CIDCO when society is not formed.
7. Our part-payment registration is already done but, the new buyer's loan is not getting processed due to need of CIDCO NOC.
8. Please help as to how this issue can be resolved.

Thank you.

Anonymous   07 April 2011 at 10:39

TRANSFER OF PROPERTY TO SPOUSE

Self & spouse are the joint owners in a residential property. The entire cost of the property has been funded / paid by self & without any amount paid from the spouse. The property is in the state of Maharashtra & is registered with the relevan statutory authorities & the stamp duty & registration fee paid at the time of buying the property, about 5 years ago.

My query is: i would like the spouse to be the sole owner of the property & i will not seek any consideration for relinquishing my right as the co-owner. Are therea any tax implications. what document requires to be executed. As the name will be changed in the government records, does the stamp duty & registration fee required to be paid. I shall appreciate to receive valuable reply. Thanks in anticipation!!

Anonymous   07 April 2011 at 00:26

Return of token amount

We have entered in property deal 8 months ago and have received a token amount for the same as the purchaser insisted us to have the token amount. Now as our papers are not clear we are unable to sale the property. so we want to return the token amount with saving bank interest on the same for 8 months. but now the purchaser is not ready to accept the amount and he is telling that we have to sell the property to him whenever the papers are clear may be after year or two and at the same old rate which was agreed. can we return the amount? What is the correct legal procedure to return the amount? if we give him a cheque but if he does not encash the same what will be the proof to prove that we have returned the amount? we dont want to sell the property to him. the token received was acknowledge on simple paper with revenue stamp and was signed by one of the owner and not all who has equal share in the property. but the token was equally divided between them through cheque by the purchaser. can we return the cheque through online transfer?
Please do guide us.

Regards.