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k.s.abishek   23 March 2011 at 14:43

how many to days to appeal in high court after losing in the bench court

hi experts
recently in month of November we have won a case of our property .i want to know how many days will they opponent have to file a case in the high court .please help in this regards.

Anonymous   23 March 2011 at 12:29

Grand father property

Background: My Grandfather has 2 daughters and 4 son. My father is the 3rd son, and he has 2 daughters, I am the elder. My Grandfather has property, from his grandfather. someone said me that the property is in my grnadfathers name. Now Both my grandparents are no more. As property is not divided, my father asked to divide the property equally. 3 brother stays in the property. Only we stays far off by paying rents from long time. As they stays there and have all facility, not ready to devide the property, they have even not left the space for us, its fully occupied by elder brother. Now he is asking us money from our end to get the equal share, as he constructed the house there.

1. How do I get the property as they are not taking any initiative in dividing it?
2. Don't know where the original property papers even the survey no? How do i get the copy?
3. They are not letting us to sell the property and they also not taking, what action i can take further.

Now As my father met with an accident 2 years back, now his legs are very much swollen & doctor said that the surgery to be done. We don't have that much money.

Please guide me in this regard to get our propery.

Regards

ssday

Anonymous   22 March 2011 at 20:46

N.O.C. for 'Nortgage' by Housing Society.

I have sold my shop in CHS. Purchaser wants to take loan on the shop. My CHS is not ready to give NOC, because M.C.Members of the society wants to harass me.

Society was asking Rs. 1.40 lakh towards maintenance & municipal tax for last 6 years.Now society has filed an application to Dy. Registrar u/c 101 of MCS Act for the 'Recovery Certificate' of Rs.69,000/-. I have send a Demand Draft of Rs.70,000/- as 'Security Deposit' to the society & requested to issue M.O.C.

But Managing Committee is not interested in recovery of society dues but wants to delay the matter so that I suffer Financial Loss.

What is the solution, so that I get NOC of society? If I agree to their illegal demand, I may have to pay Rs.25000/- extra than what I am legally bound to pay.If I do not accept their illegal demand, they will prolong the case & I will suffer Financial Loss of Rs. 15,000/- to Rs.50,000/-.

Can I make a police complaint or file a criminal case? Please guide me in the matter.

Anonymous   22 March 2011 at 17:00

What to do if project does not have NA Order

Hello Sir/Madam,
I write this post in great distress. I have recently booked flat in Greenlands at Rahatani by Aswani developers and have till now paid about 9 lacs including registration and stamp duty. The building plan includes two survey numbers. My mistake was that i did not verify the builder's document before the agreement. Now, couple of weeks back when I went to get loan from SBI, their lawyer cited that NA order for one of the surevey nos. for project is not there. I was shocked to learn this and when I checked with builder they told me that they will get it within a week. After a week now they are telling the NA order cannot be obtained as the survey no. in question is taken up by the Government for building a road and they have included the Survey no. in their plans just for FSI calculations. I am really worried now. Even though HDFC and LIC HF is ready for providing home loan, I am not sure what complications I will face in future. Also, if the government puts a Stay Order on the construction, I have heard that bank will not consider that and will still hold me responsible for repayment of the loan.

Please provide your inputs on how serious this matter is and how to get out of this situation. Is it possible to take some legal action against the builder or can I cancel my booking ?

Any kind of help will be really appreciated. Even after taking precautions, I have gotten into this mess.

Anonymous   22 March 2011 at 15:49

Partition Suit case completion time

What is the approximate cost if a suit for partition is filed before the court. What would be the approx. duration for completion of such case.

Anonymous   22 March 2011 at 15:16

What will happen to my plot?

Sir,

I/we have brought a plot/s 20 years back in an area through a GPA, which was registered. Recently i/we came to know that GPA is forged one, i/we mean the signature on the Registered document is a forged signature of the owner. Now the owners approached civil court for partition of this property .

In these plots some people constructed houses, some people sold their plots to third party/s, and some people are still holding the vacant open plots. I/we request the Experts to kindly GUIDE me/us, the steps to taken to save my/our plots and houses.

This case is pertaining to State of AP.

Kindly reply me/us at the earliest PLEASE.


Thanking YOU ALL.

Anonymous   22 March 2011 at 14:47

Regarding Partition Suit

My great grandfather did not make any will for his property. After his death his property(located in Kolkata) was mutually divided among his four sons but there was no partition deed made for the same. The said partition was made on mutual & verbal agreement.

Present scenario is - Out of these four sons:

- The eldest son(my grandfather) is nomore and his descendants are his son(Mr. A)(my father) & his daughter(Ms. B). His wife is dead.

- Second son sold his portion to Mr. A(my father). Sale deed was made.

- Third son is nomore and his descendants are his wife(Mrs. W), his son(Mr. S) & his daughter(Ms. D).

- Fourth son has sold his portion to third son. Sale deed was made.

As I mentioned, the property was mutually divided as per their convenience.

All the daughters mentioned above are married and have their respective children.

Currently, Mr. A(my father) is residing in the property(portion) which he purchased from his uncle(Second son of my grandfather). This portion is demarcated in the sale deed.

My grandfather's portion is occupied solely by his daughter(my aunt)(Ms. B).

Legal heirs of Third Son of my grandfather are enjoying their respective portion alongwith the portion they purchased from Fourth Son of my grandfather.


N.B.: Third Son(of my grandfather) mutated his portion alongwith the portion he purchased & Mr. A(my father) mutated his purchased portion.

My father wants partition deed of the entire property(property of My Great-Grand-Father).

I would like to get advise:

- whether it will be good to file a suit for partition in court

- or partition through mutual settlement will be advisable?

For both the cases which one would be convenient? And what would be the completion time for both the cases.

Thanks for your help.

Anonymous   22 March 2011 at 12:59

partnership property

status of the property on the dissolution of the partnership firm the property where the partnership firm carry on business?

AJIT KAWATKAR   22 March 2011 at 12:32

pending ppty stamp duty -Registration in Maharashtra

my relative purchased a ppty in 1991 for rs.2lacs in mumbai western suburb.They were told that since consideration amount is Rs. 2 LACS the stamp duty is NIL.Not aware about the law about mandatory Registration the said is pending till tody.They now want to pay the STAMP DUTY,if applicable & REGISTER it .
Q.1] Does it attract STAMP DUTY [value Rs.2 lacs] ? if yes how much ? what will be the penalty ?
2] what will be the Registration amount ?
3] what all documents are required for the whole process to be regularised ?
Pl. guide !

Balaji Bakthavathsal   22 March 2011 at 09:50

Gift Deed Act

Dear Learned Advocates,
I would be very grateful if you clarify my following queries.

1. Like Income Tax Act, Registration Act etc. is there an act like Gift Deed Act ?
2. Under which department / Ministry it falls ?
3. Is it a mere guideline for Gift Transactions taking place or a legal act ?
4. Whether it has any binding on the registering officials ?

Thanks & Regards
Balaji