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sandip c   31 January 2011 at 15:34

share certificarte trasnfer

I would like to ask query regarding our flats.My father was owner of 3-flats which were alloted by builder in exchange of land he owns.He died intestate and no agreements for sale prepared.My mother applied for membership in the society by submitiing affedvit and i-bond but sociey insisted on heirship.We all legal heirs reaquested builder to sell one flat as development rights and poa given to builder at the time of construction.So builder sold one flat to one lady by preparing Triparty agreement.Builder was a seller,lady was a purchaser and my mother acted as confiriming party.In this agreement we all legal heirs filed affedvit.Now my problem is society is confused to whom share certificate to be trasfered in my mothers name or purchaser lady.please advise us.In between we obtained heirship from court in my mothers name.

thanks,regards

siva kumar   31 January 2011 at 14:04

Agreement for sale & stamp duty

Dear Members

Pl can anyone clarify my doubt as mentioned in the illustration hereunder

Eg: X booked a flat with Y and paid a part of consideration and entered in to an agreement for sale (registered or unregistered)with a cluse that Y should register the sale deed in the name of X or in the name of any person nominated by X. Now X nominates Z (not within blood relation) and informs Y to register the sale deed in the name of Z. Can Y register the sale deed in the name of Z after collecting the balence sale consideration from Z.
If so the registration charges paid at the time of executing Agreement for sale is adjustable at the time of registering sale deed in the name of Z or any stamp duty attracts.

Sucharitha   31 January 2011 at 13:26

land purchase by Firm

Can a partnership firm acquire agricultural lands in Tamilnadu? If yes, what is the Land celing applicable to Partnership Firms?

Anonymous   31 January 2011 at 13:10

Property Dispute

Hello Sirs,

My name is Babu.

We purchased a property in the year 2003 15x54 feet in Bangalore under registered sale deed from the vendor. While we purchasing the property the owner had requested us to permit her sister to live in a small portion of 10x10 feet room for 1 year because she is poor.


We permitted her to stay in that room with out any written agreement becuase she born and broutup in the same house. she accepted to vacate the permises when we require.


Now we are prepared to built a house in the schedule premises. She had gone to the police station
and given a complaint against us that she is the owner of the premises under a GPA from the vendor
she also filled a case in the civil court and obtained temporary injunction against us.


Through detailed study of the matter we came to know the following facts:


The mother deed of the property belongs to one Mrs. Bibijan site measuing 30x54 feet

in the the year 1976 she sold the half of the portion is 15x54 feet to one Mr. Eshwar Rao

remaining portion of 15x54 is sold after 4 months to one Mr. Subramaniam.


Mr. Eshwar took the posession of the property and built house in the said premises without any
dispute.

The other portion owner of Mr. Subramaniam had not taken the posession of the premises nor changed the Katha in the municipal records he does't have any thing in his name like KATHA Certificate,
Water, Electricty Connection even Voter ID.


He died in the year 1999 now his son Mr. Venkatesh got the rights of the property but unfortunately he is also not obtained anything in his name and not taken pocession of the premises.

In this situation Smt. Bibijan (the mother deed holder) gifted the property to her Daughter-in-law Smt. Moti Begum under registered gift deed.


In 2003 Mrs. Moti Begaum (Giftdeed Holder) had sold the property to us by vitue of registered sale deed.



Now the issue is Mrs. M. Begaum ( Now living in one room) had showing the fake documents stating that
she had purchased the property from Mr.Venkatesh under a GPA and sale consideration in the year 1998
but the documents had not been registered since 1998 to till date and she has not changed the municipal records in her name meanwhile the original owner of Mr. Venkatesh had submitted a memo to the court that he had not given any GPA to Mrs. M. Begaum.


After this she putted a specific performace case against Mr. venkatesh the case is under process.



Mr. Venkatesh is not against us and he had not complained to any one like police,municipality,court etc.


Please let me know how can we get the property We are still in the same premises exept one room.

Anonymous   31 January 2011 at 12:48

proportainte share in Flat

Thanx in advance to all expert..

X (mother) purchased flat, in Pune, through her Attorney, her eldest son, Z, with co-purchaser Y (x’s younger son) in Pune. Total consideration of said Flat is Rs. 10,00,000/-. Out of which X paid Rs. 7,00,000/- and Y paid Rs. 3,00,000/-. Now, X with the consent of Z wants to transferr her all share in favour of Y or his wife P. Which document technically appropriate for transfer of X share – Deed of Transfer or Gift Deed or any other ?? Society or Apartment is yet not formed.

I shall be very grateful for your reply.

ajithkumar.t   31 January 2011 at 12:43

will

sir
Based on an incorrect Will school is functioning in tamilnadu.it has got 8 management members.Against a member who is a correspondent of the school there is a case pending in the court regarding his power as a correspondent based on the incorrect WILL.
now the school is going to be sold.
What are all the points to be looked into for effecting the sale.
If it is sold is there any problems to the other members in future.
Anyway all the eight members join together to sell the school.
Some parties tell that the school is sold only based on the incorrect WILL.
Original WILL says all the eight parties have equal shares in case of sale.
The incorrect will says nothing about sale and simply says all other terms are as same as in the original will.
Is there any problem for the members to sell it if all are agreed for the same.
Any issues legally in future for the above.

please give answers.

Anonymous   31 January 2011 at 09:24

Pugree System

I am resident of Fort area on Pugree basis since last 55 years. Now I want to to sell my tenency rights . Can I do , If so please let me know under whilch law and provision. How much I must pay to land lord. Can I know the present sq.ft.rate in Fort area for the above pproperyt.

Thnak you in advance.

Anonymous   31 January 2011 at 08:42

buying a property on gpa

seller is an NRIin usa he is not able to come for registry and has issued a gpa through us embessy to a person not a blood relative of him for a originally alloted flat in a multi story appartment by unitech builder in gurgaon
is it safe to buy a property through gpa for registration what are the precautions to be taken please give answer on urgent basis

Anonymous   31 January 2011 at 08:01

Ancestral property

We have an ancestral property in Andhra Pradesh purchased almost 80 years back by my great grand father. We don't have the documents since its very old, but we are staying there and we have all other proofs that it belongs to us like Tax receipts, Electricity bills, etc. but my concern is that i should have proper documents. PLease let me know how to get them or proceed further.

Anonymous   31 January 2011 at 01:53

Pagdi Redevelopment

Hi,
We are pagdi tenants of a bldg at kandivali East. It is around 60 years ols bldg. I stay here since 35 years along with others. Landloard is willing to construct a bldg. Our room is of 240 carpet. Landlord wants to build flats of 350 carpet & above.Please let me know the following to call this deal a profitable deal for all us tenants

1) What minimum area area should be given to tenants?
2) If tenants wish to by extra space should it be at carpet or at 40% loading?
3) Howmuch shold be the rate per sq ft if we wish tp purchase extra space?
4) Can builder evacuate us if we don't agree on his terms