allurisivajiraju
27 August 2010 at 21:18
Respected Sir, Mr. X purchased immovable property from 'Y' for Rs. 50,00,000/- and gave an amount of RS. 15,00,000-00 towards an advance and obtained un registered agreement on Rs. 100/- non judicial stamp from "Y" on 30-05-2007. In the said agreement Mr. 'X" agreed that the remaining balace would paid within 3 months ie. 30-08-2007. But subsequently "X" fell down in financieal crises. at present he is not in a position to pay the remaining balance to "Y".
In the above circumstances is there any remedy to |Mr.X to get advance amount ie. Rs. 15,00,000-00 from Mr. "Y". infact there is no mistake in the case of Mr. Y.
Anonymous
27 August 2010 at 18:26
Thanks Mr.Bhagwat patil sir,
you said about permissiom of charity commissioner but we not have trust
there is small temple of devi & we look after all puja & annual function .
sir i also request for process of sold the same land
"X" Executed a will regarding particular land in favour of "A" later "X" died.
"B" is the Brother of "A"
"B" is in possession of above said land"
My Queries:
1. "A" How to get possession from "B" legally
2. How to Transfer above said property in favour of "A" instead of "X" in the all Govt Records like Muncipal, Electricity etc.
3. "A" may mutation the property in the muncipal records
4. or which suit should be filed along with which prayer
waiting for your valuable replies
p k kapoor
27 August 2010 at 11:24
For purchase a flat my wife and I have jointly entered into an agreement with the promoter. I have now received possession of the flat after full payment being made through my savings account.
In this my query is as follows:
1. for deed of conveyance can my wife and I include the name of my daughter, 6 years, as one of the owners of the flat.
2. If so, if you can suggest whether any of them could be made the guardian till my daughter becomes major.
3. What should be the language if the same is to be included.
4. Under what rules, minor child can be made one of the owners in case of such property.
Thanks in advance.
Anonymous
27 August 2010 at 09:44
I refer to a case where a 67 year old Widow from west Delhi has been thrown out by her Elder Son and Daughter in Law, ( after the death of her husband/ a Public Sector Employee) both of whom are earning well along with their Kids also earning handsomely. The house/Flat where the elder son is forcibly staying for last 5 to 6 years has been willed by this old lady's husband in her name.
The Lady has 2 more kids besides ( 1 son and one daughter) both without a house living in difficult situation.
Can the Elder son be made to vacate this house without causing harrasment to the old lady by this elder son and his wife.
Its almost 9 years to the death of Ladys husband and property is still not Freehold. Can the property be sold without problems to help the old Lady in her old age...
PK Tayal
26 August 2010 at 23:33
I own a flat in a coop group housing society at Dwarka, Delhi as an original member. The flat size is about 105 sq m. This is not sufficient for the needs of my family. I want to purchase another flat (in the secondary market either in the same society or another society in Dwraka, Delhi. Do DDA rules prohibit such purchase?
Archana
26 August 2010 at 11:42
Respected Experts
Actually i lost my court papers then how to getting me my judgement copy. i have no case No. and I don't year also.
matter is that 1 person live in my room before 50years and i pay the rent for that room. there are 1 rooom but in that there are partician(door between) but whole room is one. room owner is my grandfather. till today date i pay the bill. but i have noe any case no. or judgement copy about that. i don't who won case or builders want copy. what can i do? pls help me
Roshan Sharda
26 August 2010 at 11:41
I had booked a flat in a project in Mumbai from a group company of DB Realty in October 2009. The sale agreement was registered in April 2010. I paid a total of around Rs 4.5 lacs for the stamp duty and registration and the agreement value is Rs 79.98 Lacs for 87.78 square yards of carpet area. I have till now paid around 50% of the consideration. The property is under construction.
However when my flat was constructed, I found that the actual area of flat is around 100 square feet less than the actual carpet area as per agreement.
I had written a letter to the Builder to give the flat in the same size as per the agreement. However they have refused to do so. I now want the total consideration to be paid to builder reduced as I am getting lesser area than agreed. Request you adice on how I should proceed.
BHUPAL SINGH
26 August 2010 at 08:10
Dear Ld Sirs,
We own a commercial flat in Multi Storey
Lease Hold Commercial Building in Delhi. My son is a co-owner. He wants to Gift his share to me throgh a Gift Deed u/s 56(2)(vi) of I.Tax.
The system in Multi Storey Lease Hold Commercial Buildins is that The Mainte-nance Cell of the Builder endorses the name of the New Buyer or Transferee(in case of Gift or Death of a co-owner)in a Book know as" Flat Buyers Book ". The New Owner then gets the Mutation done in his name through the MCD Property Tax Depart-
ment by paying Stamp Duty. The New owner
pays Ground Rent/Insurance etc to the Builder who the pays to DDA & Ins Coy etc.
My questions are--
a.Is it necessary to get the "Gift Deed"
Registered with Sub Registrar Office ?
If so, is the presence of Donor ( my
son )required ?
b.Since my son is staying abroad and he
cannot come right now,can we make the
Gift Deed now by getting his signatures
by post and get it Regd later on when
he visits India ?
c.Will we have to pay Stamp Duty again
since we have already paid the Stamp
Duty to the MCD at the time of purchase?
d.If we have to pay the stamp Duty again
will it be for the entire property
or only for the share being gifted ?
e.What will be the rate of Stamp Duty in
case of Gift to Cose Relative ?
f.If we do not get the Gift Deed Register-
ed, will I.Tax Deptt have any objection?
I will appreciate an immediate advice ?
B.S. Arora
Share in gifted property
Dear Sir,
My grand father and grand mother(Mother's parents)had gifted their properties to their grand son of their son on oct-2008 but the properties are sold by grand father in 1983.My mother and 2 aunties born after 1960 and married before 1987.Now clarify me that shall we claim the share on the gifted property if yes how can we proceed? kindly clarify this and say weather act2005 will be applicable or not because it is gifted after 2005 but sold before 1983.