MAHESH
10 August 2010 at 09:31
Dear Brothers, this is in continuation of my earlier query i.e.,
{A and B being husband and wife owned certain house property wich is their self acquired property and the same is opined by the Bank also (panel adv of bank) and during raising house loan, A and B impleaded C also as one of the co-applicants for the said home loan. Now A and B want to implead D also as one of the co-applicants for which C is not consenting. Only A and B moved application to Bank to implead/include D as one of co-applicants alongwith A,B and C (But without consent of C), the Bank rejected the request saying that they need the consent of C also. Is the act of bank is valid since the house property is solely/exclusively owned by A and B. D is ready to implead himself for the same.}
and I am convinced with your view that the act of bank is right.
Now if the entire loan amount is repaid to the Bank then
1). will the Bank hand over the original title deeds of house property to A and B in absence of C ?.
2. What if C dies ?
Anonymous
09 August 2010 at 21:57
author : Anonymous
Posted On
09 August 2010
Dear expert,the terms & G.P.A.conditions are
1.Wereas the principles are the absolute owners and possessors of the non-agricultural land bearing survey no xyz admeasuring 16-acers situated in the lay-out of m/s s.co-op-h.society ltd ,YOUSFGUDA Hyderabad HEREIN AFTER CALLED THE SAID SOCIETY.
2.Whereas the society has purchased the said land on 16-june 1974and made a lay-out allotted the plots to various members and the vendors have executed an agreement of sale of each member of the said sosiety pursuant to the earlier agreement of sale dated 16-04-1974it is thought expedient to execute the POWER OF ATTORNEY in favour of srixxxxx to effectively pursue the clearence of the society in urban -land cealing authority/etc and to execute and Register the land to the socity on behalf of the vendors and then execute register sale deeds of indual plots to the members the of the secretary of the society.
3.were the executants are permenent residents of hanamkonda and could not go over to Hyderabad every time and could not look after the affairs of the lands and wereas it is found expedient to give give the present power to the attorney-holder,for for effective convayance of the land to the said society and wereas the executants having effective conveyance setteled the matter with the society for all purposes ,save for registrations of land in favour of society this irrevocable power of attorney is made.
NOW THE ATTORNEY is therefore authorised to do the following.
To execute and present documents of sale alienation transfer regarding the oroperty namely viz: all the pecie and parcel of land bearing survey no:xxx admeasuring 16-0acers situated in the lay-out of the m/s s.co-op.h.society Ltd. yousfguda ,Hyderabad,Before the registrar/sub-registrar having juridiction over the property and trancaction in favour of the society again in turn as secretary of the society execute and present documents of sale in favour of each individual members of the society.
and entre into agreement of sale /transfer/lease etc:to pass receipts etc.
To sell the property to the society individual members of the nomniee vide agreements of sale Dated 16-6-1974 ;and 8-2-1984.etcs.
4. Appoint Agents Attorneys Advocates in to fix and pay remunaration etc.,to sign and verify all the pleedings ,vakalaths reprasentations ,to intiate legal proceedings and to counduct /and defend the same till the final stages ,to settle and compramise all or any of the matters is dispute.
5.To represent the princpel before all the officers /forums Governaments to pay taxes outstandings etcs,
6. To obtain clearences like Urban land-cealings Tax Clearence and NIL Encumbrances etc the vendors as wellas the society shall be responsible for the lawfull conveyance of the plots.
7.To do all the lawfull things deeds ets.;and the principle does hereby understand to ratify allthe said acts done by the Attorney as if done for and on behalf of the principal.
EXecuted at hyderabad on the 19th day of november 1984.
this is the terms and conditions made in the gpa. here sir the said society was terminated in the year 1979.due to lac of missoppropriations done by the society . and the land was not transsffered in the societies name through registration by principles vendors. self styled secretry was missused the powers of gpa and executed the registrations to individual members .1984-1988 . the gpa was revoked in the year 1988. by principles. in 1984 the land owners was entered into notarised plot individul plots on behalf of said society, nearly 150 plots .as per 1974 agreement of sale on 5/rupees stamp paper and the secretry missused the terms and conditions of agreements .now there are only some plots were left . nearly 70plots was registered by secretry. and remaining was not registered . still date after cancalization of gpa the secretry was escaped. it is the fact true case. and now there is nowere the society at present.all of the members are illegally occupied the plots by mch fake door numbers. now the said land is most valuable land . was grabbing by un-valid notaries agreementsof sales on 5/rupees stamp papers which was done in 1984-1988. this is the case .and as per agreement terms 1974s the members &secretry was not payed balance amounts to vendors still date .now the actual land owners are suffering a lot of untoldship problems. kindly give good suzesstion how to approach the case? urgent please.kindly reply .
MAHESH
09 August 2010 at 18:26
A and B being husband and wife owned certain house property wich is their self acquired property and the same is opined by the Bank also (panel adv of bank) and during raising house loan, A and B impleaded C also as one of the co-applicants for the said home loan. Now A and B want to implead D also as one of the co-applicants for which C is not consenting. Only A and B moved application to Bank to implead/include D as one of co-applicants alongwith A,B and C (But without consent of C), the Bank rejected the request saying that they need the consent of C also. Is the act of bank is valid since the house property is solely/exclusively owned by A and B. D is ready to implead himself for the same.
Anonymous
09 August 2010 at 12:06
Dear experts ,can a illegal G.P.A registration will be cancelled by actual land owners? here one person have registered the plots to various members on CONDITIONAL G.P.A EXECUTED BY MY FRIEND.WITH OUT OBTAINING THE PERMISSIONS . AND WITH OUT NOTICE TO THE PRINCIPLES,i.e.to MY FRIEND& his family members,when my friend noticed this acts done by G.P.A. HOLDER MY FRIEND ALONG WITH HIS FAMILY MEMBERS WAS REVOKED THE G.P.A. AND GIVEN A GENERAL PUBLIC NOTICE IN NEWS PAPERS .CAN THE G.P.A. REGISTERD PLOTS ARE VALID ? HOW TO CANCELL THE SAID G.P.A .REGISTRATIONS ? WERE SHALL MY FRIEND ADDMITT THE CASE? KINDLY REPLY TO MY QUERY .URGENT ,THANKING YOU SIR.
Swaroop
09 August 2010 at 02:41
Hi,
I booked an under construction property in Nov 2008, the propertly is till under construction. I have paid 90% of the costs to the builder before July 2010. The propertly is almost ready and I am going in for registration Aug end.
The builder is demanding that I pay ST on the entire amount even though its clearly mentioned in various articles on the internet that ST is applicable only on payments made after July 2010. Can you please confirm if this is correct? Also can you share the notification/legal documents that support this?
Purvi
08 August 2010 at 18:44
Hello,
I have uncle who is official farmer & i am not. I want to purchase some land for investment purpose and he is very reliable person and good familly relations.
I transfer 20 lacs in his account to purchase land. He bought land of 2 lacs only on his name & other amount paid in cash.
He is ready to sign all legal documents to give me future assurance. Accoridng to you, what are the documents can i sign to make legal all the matter.
I want the assurance of money and land in future.
thanks in advance for your support,
Purvi.
Anonymous
08 August 2010 at 18:27
Hello,
I want to give the factory on rent in Ahmedabad Gujarat. Please let me know the following points:
1. Stamp paper amount
2. Regustered or non-regustered (i prefer non-registered so what will be the period?)
3. any limitation of rent increase in %
4. Sample of Leave & License Agreement for Gujarat State
5. Any major leagal issue to give on rent? What is the maximum lead time to give premises on rent with contract?
Thanks for support,
XXX
Anonymous
08 August 2010 at 10:36
After the death of parents 1n 1987, while
elder sister was living away in anothe city,
the younger sister is in possesion of the
entire property which is in the name of their father.In 2007 in came to the notice that younger sister after forging the signature of the elder sister got the property transferred in name of both the sisters& got declaration registered in Sub-Reg ofice with help of two Laeyers, one
is identifer whereas the other is a witness and the signature was forged by the husband
of younger sister himself who is also a witness in the declaration.On filing a complaint the Sub-reg kept the declaration under custody till the case is decided by the competent court.A TS was then filed in July2007 in the lowest court and immediately an interim injunction was ordered along with Show cause notice.After that case was posted twice but outcome not
known from the Lawyer. In the meantime in Sept 2007 the Judge was dissmised and since then the court is closed.Our request for filing a petition for transfer of the case and also filing a petition for servicing of the interim injunction/showcause notice by a higer court(since no equivalent court exists) was
not agreed upon by the Lawyers.We changed the Lawyer but all of them snapped the communication with the petitioner.It is understood that un-oficialyy the opp party has received the copeis of the interim injunction,showcause notice.The petitioner is a sick female of 75 years old and her movement is very much restricted.It is heard that in next month the Court will resume with a new judge.We do not know any one
will appear on behalf of the petitioner.It is not possible for the petitioner to be present herself in the court.It seems all the Laweyers are together.If any lawyer is appointed he is getting pocketed for the obvious reason.Pl advise what to do and hoe to proceed in the matter.
sorankee
08 August 2010 at 08:01
Hello, 08/08/10
My father died intestate ten years ago leaving behind a house property.My mother,a younger sister and I are the survivors.As such we have no dispute among ourselves,but for the sake of settling the issue,we would like to have the property partitioned in such a way that:
My sister is willing to relinquish her share for which I propose to pay her a consideration.
My mother is willing to relinquish her share in my favour,but I would like to ensure her right to reside,just in case I predecease her.
I should have clear title to the property so that I can raise a loan for renovation and extension of the house.
I know that one of us could file a case for effecting the partition,but we would not like to take the law court route as we have no quarrel among us.
I request your considered opinions and guidance.
Thank you,
Sorankee.
PS:I have posted this query mistakenly in the 'forum',please condone the error.
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