Anonymous
08 June 2010 at 16:46
Hi,
I got Sale Deed with X with Y consentors.
Now i waana Consent for the same property with remaning Z consentors.
What shall i make consent Deed Or Memorandum of Understanding or any other document plese suggest?
Shall i registor it or make notary on stamp paper ?
Anonymous
08 June 2010 at 12:42
Dear All,
I have a query on the Property with respect to society Bye Laws.There is a Joint Property premises in which there are two owners "X" & "Y" if the second Owner "Y" wishes to sale/Transfer the right to a third person "Z" for a consideration. I wanted to know is this transcation possible without actually entering into the sale of whole property. If yes what are the procedures to be followed and if No what are the other remidal measures which can help in effecting the sale/Transfer. What are revelant laws applicable with reference to the above case.
Your guidance would be highly appreciated.
Nadiya
08 June 2010 at 11:28
Dear Sir,
There is one sale deed missing in the chain of dcouments of the re-sale property which we are about to finalise. One of the sellers have not got the Sale deed made and has only agg-to-sell registered. On tracking we came to know that he has expired. Now we have been informed by the Bank lawyer that if we produce his Death Certificate copy to avail home loan and this can help to make the purchase and the Title clean in the chain of documents can be cleared of the said property. Can this work ? Will Death Certificate of a person who has not transferred his title of property, confirm that he has not right in the property ? Please guide
Balan R
08 June 2010 at 05:43
Hello,
With respect to residential property construction(stilt plus 4 floors) in Chennai, are the following "common" areas included in the FSI calculations while seeking approval from authorities?
1. Staircase
2. LMR - Lift Machine Room
3. OHT - Over head tank
4. Sump
6. Corridor
Recently there are many exemptions announced in 2nd Master Plan documents.
Please clarify on these categories of spaces.
with thanks
Anonymous
07 June 2010 at 22:31
i own a builder floor at 2nd floor (top Floor) with terrace rights on a plot of 112 sq. mtr in indirapuram area. i want to construct a bedroom+ washroom on terrace. what formalities i need to take care of. what is the maximum area that i can utilize?
thnx in advance
Baskaran Kanakasabai
07 June 2010 at 21:16
If a citizen of India wants the observation of a judge( H/c as well as S/c) to be interpreted or explained by the same judge, can a citizen contact the judge directly and seek a clarification or explanation?
Is there anything illegal about it?
example:SC 1996 AIR 540
The honourable Judge has observed as follows:
“2. The object of publication of the
notification under Section 4 [1] is notice to everyone that
the land is needed or is likely to be needed for public
purpose and the acquisition proceedings points out an
impediment to anyone to encumber the land acquired
thereunder.”
and I as a citizen want to seek a clarification from the judge as to how a notification u/s 4(1) can become a notice to everyone.
I would like to present my view in that regard as follows:
My view is- such publication of the notification will not amount to notice to everyone. What will amount to notice to everyone is nothing but registering such notification under 4(1) in the registers of the ROD against the survey number intended to be acquired.
And in support of my view I would like to quote the Hong Kong Land Title Ordinance which defines as follows:
Sec.16 of Hong Kong Land Title Ordinance:
"Entry in Title register constitutes notice to all persons.
All persons are deemed to have notice of every entry in the Title Register"
and I would like also to quote in support of my view, the Transfer of Property Act, 1882, which says:
"a person is said to have notice" of a fact when he actually knows that fact, or when, but for wilful abstention from an enquiry or search which he ought to have made, or gross negligence, he would have known it.
Explanation I: Where any transaction relating to immovable property is required by law to be and has been effected by a registered instrument, any person acquiring such property or any part of, or share or interest in, such property shall be deemed to have notice of such instrument as from the date of registration or, where the property is not all situated in one sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the Indian Registration Act, 1908 (16 of 1908), from the earliest date on which any memorandum of such registered instrument has been filed by any Sub-Registrar within whose sub-district any part of the property which is being acquired, or of the property wherein a share or interest is being acquired, is situated:
PROVIDED that-
(1) the instrument has been registered and its registration completed in the manner prescribed by the Indian Registration Act, 1908 (16 of 1908), and the rules made thereunder,
(2) the instrument of memorandum has been duly entered or filed, as the case may be, in books kept under section 51 of that Act, and
(3) the particulars regarding the transaction to which the instrument relates have been correctly entered in the indexes kept under section 55 of that Act."
and I would like to add that whether an instrument is required by law to be registered or not is to be decided by legislations and therefore a citizen can be said to have notice of an instrument only when it is registered in the registers of the Registrar, irrespective of whether it is required by law to be registered or not.
If the Government intends all persons to have notice of an instrument then it should get such instrument registered.
Arul Manickam
07 June 2010 at 20:07
A has a land admeasuring 73 cents, which he has bought in 1951. He gets into an agreement with B to plot out his entire land into 8 hosing plots and sell them. B has to pay at the rate of Rs.500/plot. B can make the payment as he sells the plot. But whole transaction must be over in 6 mpnths.B can sell only one plot in 3 months. The plot 1 has been sold. A executes the sale deed in favour of the purcahser of Plot No.1 with endorsement of B. Now B enters into an agreement with C to sell the remaining plots. A endorses that agreemnt. Now C brings on D for the purchase of the plot 2. A executes the sale deed in favour of D. In the recitals it is mentioned that D came through C and the parent documents are with C and D can have the copies from him. C also signs as witness to the transaction.It happens in 1973. After a year C files specific performance suit against A and B. He includes purchasers of other plots too as defendants. He does not include purchasers of plot.nos 1 and 2. In 1980 the lower court issues decree against the defendants. After that one of the aggrieved subsequent purchasers appeals against the exparte order passed against him by th elower court. The High Court rejects the appeal. Interesting part of the story starts now. The nominees of Decree holder files the EP for the original 73 cents. The Execution court executes sale deed on behalf of the Judgement Debtors. Mean while the D buyer of the Plot No.2 who is not the party in the case sells his plot to E , my client in 2006. The Exec.Court execute sale deed in 2007 for 73 cents. Using that sale deed now the nominees of the Decree holder manage to obtain the injunction to E. I request the expert to suggest the best remedy available for my client.
Sanjay Kumar Choudhary
07 June 2010 at 18:28
I had purchased an apartment in a development in Goa. The project had 2 phases and my property was in phase 2. The developer scrapped the phase 2 without any consent of investors and currently developing phase 1. They did not officially informed us to offer the unit in phase 1 as substitute however on enquiry i was offered unit in phase 1. The same is not acceptable to me and i asked for cancellation of my booking and refund of my money. I have paid so far 90% of the cost of apartment. The developer is not paying me the refund despite several follow up and reminders giving several excuses and delay tactics. As per the registered sale purchase agreement, the developer has cleverly put a clause that he can change/relocated the apartments and refund claimed by any investor, if any, will be the discretion of developer.
I want to serve a legal notice / as well as file a police complain for fraud against developer. Please advise how to go forward. Also forward me a draft of legal notice which can be served to developer.
Anonymous
07 June 2010 at 17:48
the present owner has purchased the property in the year 2001, wherein in the sale deed the seller had mentioned it is his ancestral property. as per EC from the year 1990 there are no transaction except the sale deed of the present owner. If mother deed is not available what is next course of action?
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Agreement validity
sir,
we have a land in raipur(cg).one party in 1997 forge a agreement of sell of land,we won the case from two lower court on time bar basis,the case is now in highcourt.
IN 2008 we done a agreement to sell the land to some other party,specifying in the agreement that a case is pending in high court & regigtry will be done done after the court judgement.no time duration is mention in agreement,agreement is on simple green paper & not notorized on the assurance of buying party verbally that he will settle the matter in two three month,
now the almost two & half years is lapsed & buying party did not taking interest in
deal,their intention is that to grab the land by just by paying half of the amount.
they are offering half amount now on registry & post dated cheque for balance amount which can be realise only after the highcourt judgement.
IN BETWEEN THE PERSON (THE SELLER)WHO DONE
THE AGREEMENT DIED IN AUG 2009 & LAND IS NOW TRANSFERED IN THE NAME OF THEIR LEGAL HEIR.
KINDLY ADVICE ME WHAT SELLER PARTY CAN DO IN THIS MATTER.IS AGREEMENT HAS ANY LEGAL
BINDING ON SELLER HEIR,