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Anonymous   23 February 2020 at 20:32

Partnership act

my query is regarding an immovable property which was purchased on the name of firm through proprietor. The firm is partnership or sole proprietor is not clear as no record is available as the firm is dissolved in 1987 only after the death of proprietor. However it is clear that firm is unregistered. After the death of proprietor, the two sons in 2019 transfered the same property to each other in blood relation so that stamp duty can be saved. Now the revenue department is of the opinion that since it is firm's property it should be transfered only after paying stamp duty and not in blood relation.
1. Is the view of revenue authority right?
2. How to prove that it is sole proprietorship firm when no evidence is available on record?
3. Even if it is firm's property, how to prove that intention of proprietor was to consider such property as firm's property?



amar singh   22 February 2020 at 16:03

Huda double plot allotment

I have purchase a land from Property Dealer under HUDA Sector in this land Property Dealer has purchased the file from Original Allotee and I purchased from Property Dealer and at the time of registry he has called the Original Allottee for Registry and he told that after 2 year this plot will be transfer in your name in HUDA records also.

After two year When I approached him to transfer the property in HUDA records I came to know that this plot is under reserve category and the same need NOC before transfer the plot in my name but at the time NOC I came to know that there is another plot issued in the name of Original Allotee in another district from whom I have purchased this land. now this plot is under HUDA double plot case in high Court and the same can't transfer in my name until case doesn't final in high Court.

Please advise what should I do.

Pushpa   21 February 2020 at 14:53

Judgement on partition cases filed on landloser bda property

Respected Experts,
I would like to get information about cases similar to this.

Person A has got a land loser site/plot from BDA in return to the agricultural land acquired by BDA for layout formation. Now this person A sells this property to person X. After few years one of person A's brother/son/grandson/any relative having inheritance rights puts a partition case saying that he has not received the share of the money/property as it is a inherited property on Person X. Now, Person X had not taken the family tree from person A at the time of sale of plot from Person A.

I am looking for cases similar to this in which person A's relatives have won the case and judgments have been given. Also I am looking for cases in which Person X has won the case and person A has lost it. If anyone knows of such cases which have been filed and disposed off in Bangalore. Kindly let me know the case number so that I can check the judgement online. Any help in this regard is highly appreciated.

Regards,
Pushpa

Anonymous   19 February 2020 at 20:00

Chain agreement not registered

My flats chain agreement is not registered
But my agreement is registered and stamp duty paid
Now I want to sell my flat
Will there be any problem for selling the flat

Suresh gopalan   19 February 2020 at 19:52

Chain agreement not registered

My flats chain agreement is not registered
But my agreement is registered and stamp duty paid
Now I want to sell my flat
Will there be any problem for selling the flat

Stephen   19 February 2020 at 14:02

Validity of judge requesting amendment and apc

Dear Respected Sir,

I Plaintiff had filed OS5854/2016 against 6 of the family (Father, Mother and 4 Major children) for money recovery and cancellation of sale deed of a property due to defendants cheating. The 3rd person of the defendant family’s D3 (Eldest Son) in their written statement and subsequent memo in 2017 filed that he is appearing on behalf of rest of the family by claiming his Father (D1) died also produced death certification.

The case progressed till argument stage, though we (plaintiff) had given Memo of deletion of D1

Judge is asking us (Plaintff) to file Amendment and APC posted stage back to Summons instead of Arguments stage and thus delaying the proceedings.

When all info in prior stages is available for court to verify; is it necessary that we should still submit Amendment and APC, if so what should be content of Amendment OR can we point to Judge since D3 has already mentioned that he is representing on rest of the family hence the case should be posted immediately to arguments.

Even otherwise after submitting Amendment will the judge post of Argument OR will Judge / Defendants still find some frivolous point to delay the proceedings.

Requesting your kind help with detail advice.

Thanks
Stephen

Harish Kumar (Kalyan)   16 February 2020 at 22:30

Development agreement and adjudication

Respected Experts,

Currently we are in process of redevelopment of our property (KDMC municipal limits). This is not co-operative housing society. We are 6 members staying in apartment. We approach developer, and confirmed mutual agreed development draft. And he moved forward for adjudication process and stamp duty payment.

However when we received adjudicated copy, it's found that it's not matching with our agreement. Also some of members name are not correct in challan copy and order received from collectors of stamps office. Also some major mistakes are there like no proper mention of area to be given post redevelopment etc.

Now we have been asked to go ahead with registration process as changes can not be made in adjudicated copy.

Is this correct ? Can developer not go back and make corrections in adjudicated copy ?

Any suggestions will be extremely helpful.

Thank you.

Anonymous   16 February 2020 at 14:46

Advice regarding court order

sir,I have a shop (in Partnership with my brother) in santacruz,Mumbai which is parental Property. Since Jan 2015 my brother has not given my share of rent.
He capture my part of shop mischiviously and owned shop by his name in fake society and this fake society has given him Gumasta license,
electricity bill,BMC documents all in his name.
sir,now I informed this matter to authorised society secretary in 2018 November and society has submitted this matter to
Deputy registrar of housing society Dadar west mumbai.As my brother has not filled society maintenace which is about 7 Lakh.Society asked me to pay society maintenace
and get share certificate as decision of Registrar of court has not yet come but society is demanding Lumpsum amount before court order.
Sir, I wanted to know what the process of Registrar of Housing Society ,Dadar(W) for court order. Society advocate told me there is no time given to you by court.
The registrar Housing society court will cease your shop and auction it. What should I do.
Should I wait for court order or should I pay maintenance bill.Your advice on this matter is highly appreciated.
Thanking you
Nirmala sharma

Anonymous   14 February 2020 at 20:46

Evacuating the occupant...

Hi,

Request your expertise guidance for vacating the occupant from the plot.

Almost 3 decades ago my father had signed an agreement with Tenant-1 as to give the partial vacant land for rent that was in his name.
Also Tenant-1 also has his own place built adjacent to my father's vacant plot. As to extend his business he approached my father for a rent.
At Later years he did not renewed the agreement.

Without my father knowledge the Tenant-1 has leased his business licence and the his place too another party (party-2). As the rented vacant plot matters in their business that too has been occupied by Party-2. Further party -2 subleased the place and businesses to party-3.

Meanwhile till now my father receives a meager amount as a rent..

Please let know how to vacate tenants.

Anonymous   14 February 2020 at 19:58

Transfer of property from deceased mother to son

I am a 30 year old unmarried man staying in Mumbai.
My mother died in 2019 without any will but I am the Nominee of a house in Santacruz (East) Mumbai which is in her name.
My father is alive & I am the only child.


Please reply regarding:
1. How do I transfer the property in my name?
2. Legal Documents & Charges applicable?
3. Which office & department to contact in Santacruz (East)?