JR
06 May 2010 at 11:50
My husband is executing a Release Deed in favour of my minor son, of one half share he holds in the flat jointly bought by us.
Could you please tell me the stamp duty / registration that needs to be paid for this transaction. My lawyer says that if it was a Gift Deed, the stamp duty/registration, would be nominal, however, Release Deed would attract at least half of the stamp duty/registration as payable in normal sale of property transactions. However, my husband says a recent ruling has made the stamp duty/registration payable on Release DEED within family a nominal amount..within Rs. 500/-
Kindly clarify, urgently.
Thanks
JR
vineet advocate
06 May 2010 at 11:22
dear advocates
one of my ckient is a real estate company . it has mde full sories as approved by local bodies. now it is willing to sale its top floor space made by covering place available below water tank.
1. will it be legal ?
2. can any remedy is available to sale or make other convenience deed?
pls suggest
thanking you
vineet
Anonymous
06 May 2010 at 11:05
The father left his property intestate to his spouse, 4 daughters and a son. After his demise a release deed was made by his 4 daughters in favour of the mother and brother. The mother recently expired leaving a will of her share of property in favour of her son. The questions are:
Do the four daughters or their children have a claim on the property?
While the son is transfering the proprietory rights on his name, can he include his wife's name also as joint owner? If no, in what ways can his wife's name be included?
Anonymous
06 May 2010 at 10:49
Is a settlement deed superior to a will? if Yes, then in what ways. Is it mandatory to probate an Indian Christian will for a property in Chennai?
Can a settlement deed have life time interest conditions or any other conditions incorporated in it.?
Anonymous
05 May 2010 at 22:49
We had intended to sell our flat in Malad Mumbai through a broker.
The broker informed us of an interested buyer who spoke with us telephonically and agreed to pay a token amount of Rs 1 lakh which he deposited through cheque into our bank account.
He had initially lied to us saying he had a loan approved however despite sending repeated emails to the broker, we did not receive any sanction letter.Hence we informed buyer we do not wish to proceed with the sale of our flat and that we will refund his token amount to him.
We never signed any agreement, nor gave any receipt to this buyer.In fact we dont have any address or contact details even of this buyer.But now he is refusing to take his token money back and is asking for 4 lakhs in return or he is threatening to send us a legal notice.
How do we return his money to him and avoid any legal hassles as we simply do not want to enter into a transaction with this kind of person who lied to us and is now threatening us.
We have sent a photocopy of our sale deed to our broker , and the buyer states that the broker has entered into an MOU with him though we have never authorised the broker to act on our behalf nor given him anything in writing.
Are we legally liable for anything?What would be the best course of actiom.
Your advise would be very much appreciated .please help at the earliest.
Anonymous
05 May 2010 at 21:26
I own a flat in kandivli west,mumbai.I want to sell it.I have also found a buyer,who wants to avail aloan from saraswat bank for the purchase of the property.Now the bank has asked the buyer to provide them an NOC from the society.
The society is delaying issuing me an NOC to sell my flat.I have already provided them all the documents that they have asked for like:-
1. Copy of Agreement of sale given by the builder
2.Indemnity Letter stating that there is there is no other loan or outgoings except for a housing loan that i had taken to purchase the property
3.Application for an NOC.
4.Upto date paid maintenence receipts
5.Saraswat bank noc format.
I dont know what shouldi do.Plz help me...
It has now been a month and i dont know how long should i wait
Anonymous
05 May 2010 at 19:48
Dear sir,
I had booked resale flat by paying 20% of property value. Agreement has been registered at register office by paying 1.30k as stamp duty and registration charges.
today my registered agreement get cancel as 45 day has been over. (same clause has been mention in agreement)
As still my loan process is going, as there is title clearness not yet came.
seller is now demanding more value for same flat, so i would like to cancelled the deed. seller is ready to give money refund.
Is there any possibility of getting refund of registration charges from register office.
please guide me.
Anonymous
05 May 2010 at 19:21
we are living in a house in punjab which is registered in the name of my mother. this is the self purchased property of my mother. now, my mother want to transfer the said property in my name i.e in the name of his son by writing a gift deed duly registered and after payment of stamp duty .can she do that without the consent of her husband and other son and daughter. please guide me under which act and section it covers.
Tahnks
R_RTM_JAIN
05 May 2010 at 17:59
A has purchased one property but not executed registered sale deed. but Having power of attorney in his favour for said property which is not registered but only notarised in the year 1998.
Now POA holder 'A" wants to sell the said property which is situated in the state of Madhya Pradesh. Can he sell the property and execute a registered sale deed in favour of proposed purchaser on the basis of notarised POA ?
What will be the legal position of the proposed purchaser after execution of registered sale deed ?
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URGENT RESPONSE PLEASE!!!!
Kindly guide me in the following matter:
There is one family property. The land was purchased by my father. Ground floor and first floor were constructed by him and second and third floor were constructed by me and my brother. My father has expired and has left no will. Mother is also no more. We are four succssors to the property: Elder sister, Elder Brother, myself and younger brother. Being harassed by the son and daughter-in-law of the elder brother, myself and younger brother have decided to shift to other house of our own. Sister is already living in her own house. We suspect that if we leave the house in sole possession of elder brother, his son and daughter in law, the latter two may resort to unlawful activity such as forcefully occupying our portions or selling or renting the entire property. Kindly guide how we (sister, myself and younger brother) can protect our rights and prevent the others from harming them. There is single entrance to the property. Can the relatives of eldest brother put their exclusive lock preventing the entrance of remaining three successors? There has been no formal division of the property and we are living there as a matter of convinience for past 20 years occupying the same portions throughout. Entire property is occupied by we three brothers and our families. The sister does not have earmarked portions nor she is occupying any portion as yet though she is willing to exert her right as a successor.
It must be bought to your notice that formal division of the said property is not possible as elder brother is not prepared to sign. Also, a case has been lodged against me and my younger brother by elder brothers son in another family property matter. In that also, elder brother has refused to sign or take any interest.