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sagar Rao   28 March 2011 at 11:06

Partition Of House

Dear Experts,

We are having 400 square ward land with built up area of 2000 sft and we are four leagal hires i,e my mother and we three brothers.

My father as not written any will and now property has to divide into four parts,we all agreed to do the partition deed, and we all prepared all legal document to submit to sub-register,but now my younger brother is refusing to sigh on partition deed stating that partition to be done in three parts, why one part to mother ?

So, please inform how to get partition deed
get registered in favor of us, so that each get 100 square yard land. i,e without signature of my younger brother,

Anonymous   28 March 2011 at 09:32

Stamp Duty

We are going to sign an agreement with the owner in chennai for hiring office acommodation. The monthly rent of the building is Rs.48,000/- and advance rent payable Rs.4,80,000/-. kindly tell me, for signing agrrement the value of stamp paper required?

1. For 11 months rent agreement

2. For 2 years rent agreement

AJIT KAWATKAR   27 March 2011 at 23:15

Refusing to give documents under RTI


Category : Property Law | This query is : open Set as : Resolved


author : AJIT KAWATKAR

Posted On
27 March 2011
It is about Re-audit of co-op hsg socty in Maharashtra.
On the basis of "adverse remarks by the Statutory Auditor" the AGM resolved by majority to go in for REAUDIT " & as provided in the MCS ACT1960
requested REGISTRAR to undertake the same with promise to pay the official audit charges.
Realising the IRREGULARITIES may amount to MISS-APPROPRIATION, [?]FRAUD & resulting stern action, the EX-OFFICE BEARERS requested Registrar[ by letter] NOT TO ORDER RE-AUDIT[one of the signatory is retired I st grade govt. employee].
Since the Re-audit getting unduly delayed for no apparent reason/s,one of the present tried to get the information from REGISTRAR through RTI.
He was surprised to get the reply " since the documents/information asked for belongs to 3rd party ,"it cannot be shared /given to the RTI applicant,under the act"
Q]The issue is relates to CO-OP HSG
SOCTY,Ex-officio [3rd paty according to reg.]requested Reg,not to order RE-AUDIT, RTI applicant is Present officio who is DUTY BOUND to perform according to AGM'S RESOLUTION & GET to the roots of IRREGULARITIES.Whether the REPLY by Reg."CANNOT PROVEDE INFORMATION since it CONCERNS 3rd PARTY is corect ? what should RTI APPLICANT DO NOW ?




AJIT KAWATKAR   27 March 2011 at 22:56

refuse to give documents under RTI

It is about Re-audit of co-op hsg socty in Maharashtra.
On the basis of "adverse remarks by the Statutory Auditor" the AGM resolved by majority to go in for REAUDIT " & as provided in the MCS ACT1960
requested REGISTRAR to undertake the same with promise to pay the official audit charges.
Realising the IRREGULARITIES may amount to MISS-APPROPRIATION, [?]FRAUD & resulting stern action, the EX-OFFICE BEARERS requested by letter NOT TO ORDER RE-AUDIT[one of the signatory is retired I st grade govt. employee].
Since the Re-audit getting unduly delayed for no apparent reason/s,one of the present tried to get the information from REGISTRAR through RTI.
He was surprised to get the reply "The documents/information asked for belongs to 3rd party ,"it cannot be shared /given to the applicant,under the act"
Q]The issue is relates to CO-OP HSG
SOCTY,Ex-officio [3rd paty according to reg.]requisted not to order RE-AUDIT,RTI applicant is Present officio who is DUTY BOUND to perform according to AGM'S RESOLUTION & GET to the roots of IRREGULARITIES.Whether the REPLY "CANNOT PROVEDE INFORMATION since it CONCERNS 3rd PARTY? what should RTI APPLICANT DO NOW ?


















Anonymous   27 March 2011 at 21:12

Is mother Deed is required for BDA site & wht all other documents required for BDA site

Dear Experts,

I am planning to Buy BDA site (Bangalore Development Authority), i got following site documents,
1.Katha Letter
2.Allotment Letter
3.Sale Deed from BDA to owner
4.Latest Tax paid receipt

my question is
1. Is there any mother deed required for BDA alloted site?
2.What all the Legal documents need to be checked apart from above documents?
3.How to find out whether above mentioned documents original, where we need to contact.
4.How to find out original documents?

Regards,
B N

ramaswamy   27 March 2011 at 19:50

box grill for balcony for security

My cooperative society situated in sion, greater mumbai, is insisting on obtaining municipal approval for fixing a safety grill in my balcony on the first floor of the building.Is this so provided in the BMC rules.
Kindly provide me with your views with applicable provision.
Vadular

Jitendra Shekhar Dutta   27 March 2011 at 19:21

AGRICULTULAL LAND

SIR,
I AM RESIDENT OF BIHAR IN BANKA DISTRICT. I HAVE AGRICULTULAL LAND IN BANKA DISTRICT NEAR ABOUT 2 KM FM MY VILLAGE . THERE IS A NEW ROAD CONSTRUCTING BETWEEN TWO VILLAGE. MY LAND IS JUST TO NEW ROAD. 'MUKHIA' IS CONSTRUCTING ROAD BETWEEN TWO VILLAGE. DURING CONSTRUCTION A LOT OF SOIL HAS BEEN TAKEN FM MY LAND WITHOUT MY PERMISSION. THEY TAKE IT ONE FORTH OF LAND. DUE TO THIS THIS LAND IS NOW A LOT OF PROBLEM DUE TO NON PLAIN OF LAND. I NEED TO PLAIN IT FOR AGRIGULTURE. IS THERE ANY RULE SO THAT I COULD ASK COMPENSATION TO ADMINISTRATION OR MUKHIA.
REGARDS

Anonymous   27 March 2011 at 17:29

Please help me

My previous question was, "Can any share holder of an undivided unpartitioned residential house (with court stay order), sell his share to the stranger?"

My father has an undivided unpartitioned residential house. He has one sixth share of this house. Other co sharer has five sixth of this property. On July, 2004, my father had gotten the stay order from the court about the sell of this undivided property , thus the co-sharer can not sell his unpartitioned five sixth of this house. But recently he (other share holder) sells his portion to the stranger without giving any notice to my father.

Forum-Experts answered my question in this site. They told this is a case of contempt of court. And they advice me to "file an application under 39 rule 2A of CPC for contempt of court". But I have some questions about this matter :

1) if we file an application under 39 rule 2A of CPC for contempt of court, can court dispossess that purchaser (because they possessed already)and stop them to enjoy the property before the next order of court?
2)One Forum-Expert told "a dwelling unit cannot be sold by a co-owner without first offering the same for sale to the other co-owner." If so, then if my father wants to purchase the co-owner's portion, can court dispossess the stranger?
3)If court orders to dispossess the purchaser, is that my father's responsibility to dispossess them with the help of police or the court direct order the police to dispossess them?

Baskar.e   27 March 2011 at 16:40

rectification

sir,
sales agreement and an advance amount has been given for a land , now i found that the actual measurement as per CMDA is 40*50 but in all the previous documents it is 50*40,should all the previous parties sign the rectification deed or the prior two parties are enough?, what should be amount of stamp paper for rectification deed?

Anonymous   27 March 2011 at 16:06

Unregistered Sale Deed

Dear Sir,

This is with regards to the flat in registered housing society with in Mumbai metropolitan region.

1. Builder (Mr.A) has sold the property to Mr. B in May 1987. Proper stamp duty was paid and Agreement duly registered.

2. Mr. B sold to Mr. C in May 1991. Proper stamp duty was paid (after valuation by stamp authorities) but Sale Agreement not registered.

3. Mr. C sold to Mr. D in March 1994. Proper stamp duty was paid and Agreement duly registered.

4. Mr. D sold to Mr. E in May 2000. Proper stamp duty was paid and Agreement duly registered. Copy of Index II also obtained. Share certificate duly transferred in the name of E.

My query is with regards to the Second agreement between B and C which is unregistered.

(1). Whether Mr.E himself can get it registered? Mr. E doesn’t know where about of Mr. B or C at present.

(2). what is the liability of Mr. E in the present case with regards to the unregistered document between Mr. B and Mr. C.?

(3). whether title of the document can be claimed to be clear?

Please advice.

Thanks & Regards