Anonymous
16 March 2011 at 03:07
My father had purchased a terrace in our building from our landlord in 1998. In 1999, the society was formed & in 2000 an Indenture of Conveyance was made. The terrace belonging to my father has been mentioned in the Indenture of Conveyance Schedules as a property of my father & Stamp Duty on the entire society + individual flats / garages / terrace was paid with penalty in 2008. This Indenture is yet to be registered. However, the original & xerox of my father's terrace purchase agreements is untracebale & the same is also not registered. There is no other document or reference of the purchase in any communication except for the Indenture of Conveyance mentioned above. The society members are completely aware of our purchase & we have been using & in possession of the terrace since 1998. Pls suggest legal & practical options as to how we prove ownership & also avoid any action by society / anyone else.
Anonymous
15 March 2011 at 23:20
hello sir, actually we sold agricultural land of 14 acre to a party,but by mistake talati made entry of 24 acre in document.we did'nt knew it.now the party sold land to another party considering it 14 acres as he did'nt knew abut the documents.but now the knew party wants to acquire 24 acres of land..but we actually sold only 14 acre.so now he is tryin to grab extra 10 acres of our land..an court case is goin on,and we got stay on the property.so now what are our chances in this case..and what should we do...please guide.
allurisivajiraju
15 March 2011 at 21:32
Respectyed Seniors,
Mr.'X' purchased a vacant site in public auction conducted by a Court in execution proceedings in the year 2006. Later Mr. 'X' deposited entire sale consideration in the court and obtained a sale certificate and also possession of the vacant site from the court.
Now Mr. 'X' is put the said vacant site for sale. But purchasers are refused to purchase the same since the said sale certificate was not duly registered in concerned registrar office. In fact Mr. 'X' not registered the said sale certificate in registrar office till now.
Now my doubt is Mr.'X' can sell the said vacant site without registration or not. If he sold the same is it legally valid or not.
neyaz
15 March 2011 at 16:59
my father in law (age 61) sate govt. employee bought an agricultural land last year and build one farm house ,he passed away in jan 2011 now my family wants to sell that land ,could you please tell me rules and other formalities needed to be done for that,my mother in law is nominee and they have three children (1 son 2 daughters all married)
buyer is NRI ,what mode of payment should we adapt
what will be the taxable amount ,tax liability etc
Anonymous
15 March 2011 at 16:14
Dear Sir,
Please let me know whether corpus fund given by the Developer during redevelopment is taxable under IT ?
Under the same circumstances is rent paid for alt accomodation is taxable ?
regds,
Drago
Sandeep Jaiswal
15 March 2011 at 15:37
Can all the flat owners be asked to vacate their flats in case the plot of land on which the flat is built is not title free from the builder's side? If yes, will the flat owners get their money back from the builder?
Devendra Prakash Kulkarni
15 March 2011 at 15:15
Our Flat was in the name of my Grand Mother, but she expired few days back. What is the procedure to transfer the Flat on my name (Grandson or her daughter-in-law's name)?
Its urgent please help..
Anonymous
15 March 2011 at 11:25
Dear Sir; Our land at Prantij was acquired for Gujarat Housing Board (here after 'GHB') for more than 10 Years yet it has been not used by GHB. How we can proceed to make it release from said reservation of GHB? And it was put in Agriculture Zone? Now suppose we apply for NA (Non Agriculture) than how much (in percentage) construction we can do in entire area in land belongs to Agriculture Zone? How to proceed for to Convert Agriculture Zone to Residential & Commercial Zone? How to apply for an NA of the said land? What is construction limit for Residential zone in Non Agriculture land?
Chandrika Subramaniyan
15 March 2011 at 11:04
Dear Experts ,
Further to my query below....can I ask just one more question ? The tenant is choosing to buy the property through Power of Attorney when he will settle the full price amount with an Indemnity to protect my involvement in sale of the property as he wants to register it in the name of his 3 children (1 Adult and 2 Minors ) . A sale agreement that will mention above except the sale to children will be raised at a Post dated stamp paper mentioning the full price amount. I also understand that he will probably show a lesser value in sale deed to his children to avoid high tax etc.Is this legally advisable or ok to take this route ?
Thnak you
Chandrika Subramaniyan
Chennai
I had proposed to sell my flat in Chennai about 6 months ago and communicated this with the Tenant who is living there. Tenant was ready to buy the property and a price was agreed upon. After submitting copy of all relevant papers to the tenant through a lawyer, Tenant has been postponing the sale for now almost 3 months from the recipt of all proper documents (copy )of the property. Tenant is given time limit till 15 mar 2011 to conclude sale.
I am in a dilemma as to how to proceed further. I would be grateful for advice
I do not want to chase the tenant for ever for verbal notice in amicable conversation etc of 6 month had been given. Perhaps I should give a notice to vacate in writing citing property required for own use, and then perhaps if Tenant is able to conclude sale within the period then both tenant and I stand to benifit. But if not then I suppose we have to proceed legally which is detrimental to my convinience although I may not be left with any other choice.
Perhaps finding another party who is willing to buy the property with the Tenant (Guess unlikely ) may be an option but then that may put me in a disadvantage to negotiate on price.
I really would be grateful for your expert opinion and guidline based on practicality.
Thanking you
Sincerely
Chandrika Subramaniyan
Provision of MOFA Act
Maharashtra Ownership Flat Act
what is the provision under the MOFA act, when a flat is sold and the agreement is under MOFA act, does the developer or the builder sells the flat only or it is along with the land under it.
Do the buyer of the flat has the right over the ownership of the land to the extent of area of his agreement of purchase,
Can the developer or the owner of the land retain the ownership of the land and can sell only the flat.
What does the sale agreement on ownership basis means under the provision of 'MOFA'
When the flat is purchased does the TDR or the additional FSI belongs to owner of the land, developer or with the purchaser of the flat.