Baskaran Kanakasabai
21 May 2010 at 16:25
The LA Act 1894 says in sec51:
"51. Exemption from stamp duty and fees. - No award or agreement made under this Act shall be chargeable with stamp duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same."
It only says that any award or agreement made under this Act is exempt from stamp Duty and Fees. It does not say that such award or agreement is exempt from registration or in otherwords not registrable.
Therefore the question arises as to which of the many non-testamentary instruments generated in the LA process by the LAO or the govt or court are registrable?
Baskaran Kanakasabai
21 May 2010 at 16:02
Which Law /authority/criterion decides as to whether a non-testamentary instrument is compulsorily registrable or optionally registrable or exempt from registration?
gopalaswamyb
21 May 2010 at 14:34
I would like to know whether probating a will is a must for the property located in madras. i understand that this is not required if it is with in blood relations or if thwere is no dispute. Assuming the testator died during 1991 and the will was not probated , parties enjoying property as per will and it is more than 16 years then is it required to probate. probating action was taken by one of beneficiary in 2007and no one disputed but the fate of this application is not known. neither the court informs nor the prtioner informs. the will is in the court this puts other benificieries in a fix since the benificiery applied for probation is keeping silent.
Baskaran Kanakasabai
21 May 2010 at 12:32
"73. Right to proceeds of revenue sale or compensation on acquisition
(1) Where the mortgaged property or any part thereof or any interest therein is sold owing to failure to pay arrears or revenue or other charges of a public nature or rent due in respect of such property, and such failure did not arise from any default of the mortgagee, the mortgagee shall be entitled to claim payment of the mortgage-money, in whole or in part, out of any surplus of the sale-proceeds remaining after payment of the arrears and of all charges and deductions directed by law.
(2) Where the mortgaged property or any part thereof or any interest therein is acquired under the Land Acquisition Act, 1894 (1 of 1894), or any other enactment for the time being in force providing for the compulsory acquisition of immovable property, the mortgagee shall be entitled to claim payment of the mortgage-money, in whole or in part, out of the amount due to the mortgagor as compensation.
(3) Such claims shall prevail against all other claims except those of prior encumbrances, and may be enforced notwithstanding the principal money on the mortgage has not become due."
The quote is in respect of acquisition made after a mortgage is registered. What will be the status of the mortgage registered after the acquistion is notified under 4(1)?
Will it be considered by the court that the Bank that registered a mortgage "after 4(1) notification did so at its own peril"
as declared in the case of the judgement in SC 540-1996 against the purchaser of land after 4(1) notification?
ganesh
21 May 2010 at 12:25
HALO SIRS,
CAN YOU THROW LIGHT IN THIS MATTER? My friend has leased his property, by right of redemption he cleared the suit and got final order the property should be with the owner. He take possession 10yrs back. He had no separate receipt to close the entry in Register office. What he has to do???
The order itself is ok?or what to do??
Baskaran Kanakasabai
21 May 2010 at 12:15
"Notification under 4(1) of LA Act 1894."
Is this instrument compulsorily registrable or optionally registrable or exempt from registration?
Baskaran Kanakasabai
21 May 2010 at 12:12
I gather from the answers of the experts and texts of Regn Act 1908 that:
1. the sale deed entered in to between buyer and seller of a land above the value of RS.100 is a compulsorily registrable non-testamentary instrument.
2.the notification under 4(1) of LAACT1894 is a non-testamentary instrument.
In the event of both the instruments being related to the one and the same land and the first instrument being registered and the second being unregistered which one of the two will take effect against the other under sec 50 of the Registration Act which is as follows:
"50. Certain registered documents relating to land to take effect against unregistered documents
(1) Every document of the kinds mentioned in clauses (a), (b), (c) and (d) of section 17, sub-section (1), and clauses (a) and (b) of section 18, shall, if duly registered, take effect as regards the property comprised therein, against every unregistered document relating to the same property, and not being a decree or order, whether such unregistered document be of the same nature as the registered document or not.
(2) Nothing in sub-section (1) applies to leases exempted under the proviso to sub-section (1) of section 17 or to any document mentioned in sub-section (2) of the same section, or to any registered document which had not priority under the law in force at the commencement of this Act.
Explanation : In cases where Act No. XVI of 1864 or the Indian Registration Act, 1866, was in force in the place and at the time in and at which such unregistered document was executed, "unregistered" means not registered according to such Act, and, where the document is executed after the first day of July, 1871, not registered under the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act."
Anonymous
21 May 2010 at 10:15
Token Receipt
I ____________ S/o___________ R/o________________ (Seller) have received Rs.___________ (Rs._______________________________) on ____________ at ____________ as token amount from ____________________________________________________ (Purchaser) for sale of my land bearing no.________________________________________________________ situated in the revenue estate of Vill. ____________________ Tehsil ______________, Distt. _____________________.
The purchaser shall perform the obligation of his part, to execute the sale deed on or before _______________. If the purchaser fails to get execute sale deed in his/his nominee’s favour on or before __________, then the token amount shall be forfeited and the Seller shall be under no liability towards the Purchaser under this receipt and the Seller shall have full right to use & enjoy his property as he deems fit. The purchaser is agree with this term and also signs the confirmation of this condition and token receipt, hereunder.
Witnesses
Seller
1.
2. Confirmation of Token by Purchaser
Respected experts my question relates to the above draft of reciept. If the purchaser delays in execution of sale deed, will the seller shall be under any type of liability under this reciept. or he can sell his property to anyone else, witout any legal hurdle from the purchaser side. Is this a valid draft for reciept or its some thing else, Pls Ssuggest
Baskaran Kanakasabai
21 May 2010 at 09:29
Is the award of LAO under sec 11(2) of LA Act 1894, after an agreement reached between the LAO and the interested persons,
a non-testamentary instrument?
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alienation of title of land
The process of alienation of title of land consists of two distinct aspects. One aspect is the extinguishment of the title of the seller and the other is the creation of the title of the buyer or acquirer. Is this explanation right?