girish parmar
03 March 2011 at 11:10
(1) A company wants to equitable mortgage on its immovable assets situated in various States. The Mortgage is to be created in one particular state where registration of equitable mortgage is not compulsorily registrable (say Maharastra). However, the mortgage Document also includes one property of a State where equitable mortgage is compulsorily registrable as per that States registration law (say Gujarat). Whether that equitable mortgage is required to be registered in GUJARAT also. It may be noted that equitable mortgage can be created any where in the Country if that is done in any notified towns. (2) Further what would be the position if the situation is reversed, viz. equitable mortgage is created in Gujarat but the document does not include any Gujarat Property. Whether equitable mortgage is required to be registered since Gujarat registration laws apply to property situated in Gujarat only?
girish parmar
03 March 2011 at 11:03
A company wants to equitable mortgage on its immovable assets situated in various States. The Mortgage is to be created in one particluar state where registration of equitable mortgage is not compulsorily registrable (say Maharastra). However, the mortgage Document also includes one property of a State where equitable mortgage is compulsorily registrable as per that States registation law (say Gujarat). Whether that equitable mortgage is required by be regsitered in GUJARAT also. It may be noted that equitable mortgage can be created any where in the Country if that is done in any notified towns. Further what would be the position if the situation is reversed, viz. equitable mortgage is created in Gujarat but the document does not incliude any Gujarat Property. Whether equitable mortgage is required to be registered since Gujarat registration laws aplly to property situated in Gujarat only?
AJIT KAWATKAR
03 March 2011 at 00:36
this is in mumbai,co-op hsg socty.
i'hd entered into Registered L & L agrmnt 11 m,expiring in April 11.L'see who is a lawyer, requested me for SHORT EXTENTION [2m]. Should i'hv to fresh Registered Agrmnt. or only amendment in 1st. agrmnt. will searve the purpose[protection of rites]. kindly advise best possible way -legally correct.
Anonymous
02 March 2011 at 18:18
I am looking for buying a flat in Bangalore. The seller is in Chennai, and has a loan with HDFC for the flat.
The broker says that the sale agreement will state that the transaction has to be completed within 30 days from the date agreement is signed, failing which a penalty of 2Lakhs needs to be paid.
I was thinking of approaching SBI for home loan. But they usually take long time to approve, I heard.
Now I am considering other options as well, like transfering the loan to my name with HDFC itself.
Is this option safe?
Is the penalty clause mentioned in the agreement a normal, usual one? Should I be alarmed?
Please let me know your comments.
Anonymous
02 March 2011 at 14:27
A widow owning a residential property purchased during 1980 died 3 months ago. She has 8 daughters and in her final will has nominated 3 daughters name. Now the daughter wanting to sell her mothers flat says that she has no flat purchase agreeement or evidence of Stamp Duty Payment or Registration deed of the flat. The Only document available is a Society Share certificate in the name of her late mother who is no longer alive.
In order to purchase such a flat kindly advice the steps to be taken and the procedures to be followed in order to avoid any future legal complications arising out of this flat purchase.
Have we to obtain the following
a) No objection certificate signed by all the 8 daughters.
b) Indemnity bond against any future claims arising on the said property.
c) No objection certificate from the Housing Society Chairman & Secretary where this residentail flat is located.
d) Advertisement in National Newspaper stating that this property is for sale andd for any claims, it must be made within next 15 days time.
e) If the stamp duty has not been paid by previous owner during flat purhase during 1980 then what is the liability on new purchaser in the absemnce of the purchase agreement.
f) Will the new purchase agreement need to be drawn with all the daughters have been named in the last will of the mother ?
g)Can the payment be made in the name of one daughter who is nominee in the will and allow it for distribution among all the 8 sisters ?
Request for valuable guidance on this subject.
Anonymous
02 March 2011 at 12:10
Need details regarding IT parks leasing, conveyancing, part-conveyancing, stamp duty implications etc. DOI registeration already in place and additional FSI also received for IT Park.
Shekar
02 March 2011 at 09:59
Dear Sir,
I plan to buy an acre of agricultural land on the outskirts of Bangalore. Since I'm not from the agricultural background I cannot buy the same. However, my Wife's mother hails from village and her Father has several agricultural lands.
Is my wife eligible to procure the land?
Thanks,
Shekar
Anonymous
02 March 2011 at 00:26
9 months back we have decided to sale our flat to a person. But as our titles paper with the society was not clear the deal was delayed. At that time the prospective buyer paid us 1 lakh as a token amount which was recorded on paper with revenue stamp. Now as our papers are not still clear we dont want to sell our property. we even approached the prospective buyer to return the token amount however is refused to accept it. Now he is demanding interest on the token amount and his lawyer fees. Can he demand it legally? How can we return his token amount. Please guide us in this matter
Anonymous
01 March 2011 at 23:14
Sir, One man in the year 1984 prepared a forged GPA in his name and SPA in the name of his wife of my father, and got the same registered in the registered office Gurgaon with the help of bogus witnesses. He was trying to sell our property, my father came to know so he lodged a police complaint and an FIR was lodged in 1985 against the said person. The case is still pending in the police record as untraced. I have given the address of this person but police had not taken any action in this case till date. My father died in the year 2005 Now in the year 2010 this man again came and filed a case in the court of sub judge for injunction on the bases of WILL of my deceased father. The WILL is of the same date of the same period 1984 and same attesting witnesses those are on the GPA and SPA. All the documents are the in serial number like 1,2,3, and bearing the same signature. After the death of my father for almost 5 years he said he just came to know about the death and he has the will and the legal heir of the deceased has no right on the property I have lodged a complaint to the police but they are not taking any action Sir my question is when for the two document my father had lodged a FIR and said that signatures on GPA & SPA are forged then how is it possible that the third document WILL is genuine I need your advise what can I do. With thanks and regards, Karan Kumar
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property alienation in limited estate
mother and sons were made partition through registered partition deed and one property has been alloted to mother. in partition deed limited estate only created in favour of mother, but the mother sold the property. whether its maintainable by law? If yes, what law/provision will applicable