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Anonymous   03 October 2019 at 12:46

Order passed by drt under sarfaesi act.

Hi all,

My query is:

Builder took a loan from the bank and mortgaged a particular property as a security by virtue of Registered Mortgage Deed. The builder later on defaulted in repayment of the loan amount and the Bank filled a petition under SARFAESI ACT with DRT for recovery of the amounts. The orders were passed by DRT in favour of the bank and the DRT ordered for public auction of the mortgaged property.

Sale Certificate was issued in favour of the successful bidder and the same was duly registered and the stamp duty amount was paid on the same.

Now, the Registrar and its higher authorities are asking for the status of stamp duty and registration to be paid on the transfer of property to the bank through the DRT Orders.

Is stamp duty and registration charges are applicable on the property received by the bank??

If yes then how the stamp duty and registration charges will be calculated and on what document it will be calculated? Will it be the DRT order passed in favour of the Bank?? Any case laws will be helpful.

And if no, are there any case laws for the same??

Thanks.

PRIYA BHATIA   03 October 2019 at 10:45

Property gift deed

My father has a flat in his name and wants to gift to my brother. But he has some apprehension in doing so. Can he do a conditional gift deed?
What is the process and can he hold the title from passing to my brother till his death?

vivek patil   02 October 2019 at 22:58

Pagdi tenant in mumbai

My 30 years old tenant having a shop in mumbai suburb has suddenly given his shop to third party and vanished .In this case what step i should take as a landlord.

SSK_2019_DEV   30 September 2019 at 09:15

Commercial space in residential building dispute

Hi,

Our building is to go in redevelopment, there is a commercial shop on the ground floor of the building, this shop has covered the open area and using that space since long. Though there is no agreement with the society that this space has been bought. Now that we are going into redevelopment the commercial shop owner is asking for the whole space (including the encroached area) to be considered for the redevelopment.
Few of the members are supporting the shop owner reason not know why?
My questions are
1. Is this legal to ask for the whole area, he says he is paying property tax for the whole area that is the only proof he has in his defence (there is no mention in building plan or agreement even maintenance bills are for the area that he had bought)?
2. If he can ask for the whole area, then can't a terrace flat owner ask for the same for his terrace?
3. Is there way that we can act on him knowing few members are supporting him?

Thanks

Anonymous   30 September 2019 at 08:01

Family settlement

Good morning, my father died without any will. My father has a wife , eldest son, four daughters i am the 4th daughter. my father has a self acquired house of 80 sq.yards .My mother is staying with me. All the three sisters and mother willing to sell their share in the house to me with some monetary benefits except my eldest brother. He neither looking after my mother nor willing to give me his share in the house. Still the house is in the name of my father. Please guide how to get the house registered on my name of all shares except my brother's. By leaving his share i.e leaving one room can i get the house registered on my name in sub registrar office. Whether I should apply for sale deed or otherwise any other way. Kindly suggest the best way. Thankyou

Vije   29 September 2019 at 17:06

Damage to partition wall

My late grandfather(a) and his brother (b) living in same house later divided the house and registerd. After many years of registration son of (b) raised a partition wall in 1986. In his share of place at his cost. To make house divided for privacy. Now son of b wants to sell his part of house by demolishing with partition wall. By this portion of A and his sons left with no wall on one side. Can son of A's can claim compensation for damage to partition or for construction of new wall in place of A's portion

Unknown   28 September 2019 at 16:57

Mcgm property tax bill split

dear sir,
mcgm property tax bill from 1968 to till issued in jointly lessee (tenant) name with lessor(landlord)name mentioned over there in tax bill.

This propert tax bill can be splitted singly bcz one brother from tenants is expired having two son, three daughters.

Pls advice deceased name can be transfered to sons name by splitting tax bill.

Pls advice...

atul naik   28 September 2019 at 10:25

Remove "gahandaar's name from 7/12

We have ancestral agricultural barren land. recently it is being acquired by Mah Govt for Samrudhi exxpress road.
In our 7/12 extract one name is there who is shown as "GAHANDAAR." ( "GAHANDAAR" "could be a local SAHUKAR who use to lend money)We got the copies of land record since 1950.His name is there without giving any reference of money transaction,address .No body has approached us for claiming the land or money.
How do we remove this name.?
Concern authority has stopped the compensation for this ?

Sagar Patel   27 September 2019 at 11:45

Notice to apartment owners' association

Hi,

As an owner of an apartment, is it possible for me to file a legal complaint / send a notice to my apartment's owner association! Please advise

Thanks,
Sagar

Anonymous   27 September 2019 at 02:35

CHS associate member laws

60+years old lady is staying in Mumbai BMC bldg. This bldg will be soon undergoing for redevelopment. Society of the bldg is formed. Room is in lady name. Can her brother in law become associate member of CHSociety? Does he become joined owner of room after redevelopment?