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Anonymous   19 May 2010 at 10:15

Lease or Licence

Lease or Leave and Licence agreement, which one is better option to give a residential property to a tenant. Can licence agreement be made in respect of a residential property or it applies on commercial property only. Is regn. of licence agreement compulsory.

Anonymous   19 May 2010 at 09:55

Legal validity of reciept

Dear experts
I have signed a receipt of money, which i have received for sale of my land, amount is nominal. as per mutual understanding the purchaser have to get sale deed executed within one month from the date of receipt. But the purchaser made default, he is not willing to execute sale deed in near future. Now i also dont want to sell him the property, what will be the consequenses of that receipt. Shall i bound to execute sale deed in favour of that purchaser who had paid receipt amount or i can sell it to any other person without consent of the previous purchaser. Pls suggest

MAHESH JOTIBA KOCHERI   19 May 2010 at 01:08

service tax and VAT

Dear Sir,
Does an under construction or new completed flat attract Service TAX and VAT. I have done my agreement in June 2009. If applicable what is the rate.

suguma   18 May 2010 at 23:03

SALE OF LAND THROUGH GPA

Sir I purchased residential plot in Bangalore in 1995. Token amount paid and agreement for sale signed by owners (3 persons) When final amount was to be paid it was paid i.e. sale deed signed by one Mr. Raghu power of attorney holder of all three persons who had signed the agreement for sale

. The power of attorney is not registered with any authority. I do not have original but a copy of the same since the land was huge and as many as 50 persons purchased some portion say 600sq ft 800sq ft. etc. The sale deed was registered and the encumberance certificate from 1995 on that particular residential plot till date i.e.20.2.2010 is showing I am the owner. Now I learn that in 2007 the original owners (all 3 jointly) have sold the same residential plot to Another person Ravi.

But I do not have any document. My friend want to buy my plot and we are shortly entering into sale agreeemnt. By giving a paper notice in the regional language and if no objection received whether my friend can safely purchase the said plot from me? If Ravi objects for sale what to do?
Expert : raj kumar makkad
Posted On
05 March 2010
You should file a suit for declaration against Ravi and previous owners to the effect that you are legally owner in possession of the mentioned plot and the defendants wants to dispossess you so it be declared that you are legally owner in possession and in the written statement, they shall bring their defence then challenge their Sale-deed


author : Anonymous
Posted On
18 May 2010
Since it takes years to get relief from court of law whether it is legal to enter into an agreement with my friend for 50% of the present market value on the condition that once court decision is in my favour balance 50% will be payable by him with int at 12% p.a. from date of sale deed till court order. What if court decision not in my favour? Whether we should include a clause that 50% already paid will not be refunded.

Anonymous   18 May 2010 at 22:44

Query about Patta on a property

We are buying a land in Medavakkam (TamilNadu, Chennai), in where, patta been issue only on the metrics (ares), the actual land extent is 1800 sq feet and it was mentioned the same in document too..

But in patta, it was given as 1.6 ares and when you convert the ares to square feet, it comes around 1722 sq feet instead of 1800 sq feet (1 ares = 1076 sq feet) when we enquired thasildhar office, they told that until Medavakkam comes under CMDA (Town Survey) it will be like this and they also told that they can't give patta like 1.67 in my case, they can give only like (1.4, 1.5......)

I am bit worried that when I go for construction, whether they will sanction building plan for only 1722 sq feet or entire 1800 sq feet.

Please advise.. Thanks

Anonymous   18 May 2010 at 21:41

Rent increase by landlord

I am staying at my flat III floor in Delhi, Patel Nagar, since 1998.Since last 10 months I am paying Rs 7000 as monthly rent to the landlady, increased by Rs 1000 last year.The second floor flat in the same building is also owned by her, the rent for which was Rs 7400 till last month and now increased to 8500.The son of the landlady calls up and threatens that the rent for my flat should be increased to 11000 p.m.I even offered to increase it to the same level as done in the second floor.But he refuses.No white wash was done in my flat since 10years and the walls are in bad shape.He promised 50 times during the past years to repair but in vain.

Baskaran Kanakasabai   18 May 2010 at 21:40

clarification

Ref: SC 540 1996
“It is settled law that any person who purchases land after
publication of the notification under Section 4 [1], does so
at his/her own peril”

Can anyone clarify as to under which law or laws of India it is settled so?

Baskaran Kanakasabai   18 May 2010 at 21:37

challenging supreme court judgements

If a citizen of India believes that many judgements of various High Courts and the Supreme Court of India in respect of one common aspect or point ( e.g., registered alienation of title of land after 4(1) notification under LAA 1894) are wrong and unjust, in what way he can challenge those judgements in order to obtain justice?

sanjay   18 May 2010 at 20:55

Amendments in registered development agreement deed

Ours is a registered society in Mumbai, Maharashtra, registered under the Maharashtra State Coop. Societies Act. There are 20 chawl type structures running commercial activities. Recently, we have entered into an agreement for redevelopment with a Developer. The firm has partners A,B,C,D and E. Out of these, partners A and B have signed on the Agreement Deed.At the time of registering the Deed, the partner C has signed as one of the witness, in front of the Registering Authority. Is his sign as a witness valid?
Also, the society and the Developer want to make certain changes with mutual consent(the deed having been registered). Are the changes possible, and if so what is the procedure?

M S Prabhakar   18 May 2010 at 15:17

Basis for Maintenance Charges-Row Houses in a CHS in Mumbai

I live in a Society which has 267 flats and 4 Row Houses (RH). Each RH has been sold by the builder/developer through two sale agreement units (101 and 201) and registered seperately. The municipality (Municipal Corporation of Greater Mumbai) has issued a single property tax bill to each of these RHs (considering the total area of units 101 and 201 together). Units 101 and 201 are connected through an internal staircase.

What should be the basis for charging Society maintenance bills? Should each RH (101 & 201) be considered as one unit (as has been done by MCGM) and be issued a single maintenance bill or should seperate bills be issued for units 101 and 201?

Each RH (101 and 201 together) is occupied by one family per RH. In case of two of the RHs, the sale units 101 and 201 are registered in different members of the same family, while in case of two other RHs, both 101 and 201 are registered in the names of same family members.

Please advise.