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Vinesh Poswal   20 April 2010 at 18:16

Land Acquisition Act, 1894

Whether S. 4 under Land Acquisition Act is mandatory? If not, under what circumstances it can be exempted? Can Land be acquired without following procedure under S.4? What is the concept Willing Buyer and seller for private companies?

Anonymous   20 April 2010 at 16:35

DSIIDC fleecing SME allottees

Having recovered (1990-92) 60% more (@ 650/=) than the original (1988 scheme) premium @ 406/- per sq. mtr. much before the execution of lease deed (2006), Delhi State Indl. Dev. Corporation Ltd is not only demanding another (35%) enhancement (without any notice or justification) that too, with interest @ 18% p.a. but also Ground Rent (@2.5%p.a.) & Maintenance Charges (@2.5%p.a.)since 1992 (14 years ahead of lease) also with interest @ 18% p.a. without any services / maintenance (even for the name sake) by with-holding self-created requirement of NOC for getting building plan approval from MCD ?
Such restrictive / unfair trade practice by the monopolistic DSIIDC is further reflected in its fleecing such allottees for so-called delay in construction by demanding PENALTY @ Rs. 910/= per sq.mtr. instead of Hon'ble L.G.'s approved composition charges @ Rs. 10/= per sq. mtr. upto 4th year after date of lease execution or Rs. 20/= per sq. mtr. upto 5th year after lease execution (2006) ?
Would a suit u/s 89 or 90 CPC be advisable for timely legal intervention or Writ from High Court be effective / quicker ?

Anonymous   20 April 2010 at 16:33

The Difference...

Dear Experts of the forum,

This matter/question pertains to A P state and Telangana area.

What is :
1) 38 E,

2) Protected Tenant ,

3) Ordinary Tenant ,

is pattedar/Inamdar has any right along with cultivator/kowldar , PT, OT ?

Hoping to get quick and early reply,

Thanking you ALL.

Anonymous   20 April 2010 at 16:07

Willed property ! Is it self earned OR...

Dear Friends of the FORUM,

A property from a Widower 'F' comes to a person 'M' through a WILL. What is this property in the hands of 'M', is it self earned or....? Can 'M' will this property to any one he desires? (Apart from this 'M' is having some ancestral property also.)

Thanking you ALL,in advance .

Anonymous   20 April 2010 at 15:17

Transfer property

Dear Sir,
My uncle Living in Jogeshwari where he lives in light bill & ration card is on his name but pagadi system rent receipt in his father name so there property gone for SRA Scheme so his father is in native place he can not come every time .& my uncle have one brother also

so brother can give no objection certificate & transfer room to my uncle name for Good for SRA scheme & uncle making Declaration that this room may be in future 50% on his & 50% on his brother name so brother can demand for the rights for the rooms

kirandoke   20 April 2010 at 00:53

my uncle is not ready to leave my property

hi im kiran i have a flat which i had given it to my uncle to stay for some time now he is not ready to leave the property the property is in my name i approached the local police but in vain as my uncle is himself a police Havaldar so cause of his influence my case is now refer to the tahasildar under section 145 i want to understand what next i want my property back or to be sealed please advice urgently as the matter has not yet gone to tahasildar as i dont want my uncle to stay there im ready to go to court provided the property is sealed.

Ashu Joshi   19 April 2010 at 20:26

Registration of property purchased by NRI/POI

Dear Experts,

If an NRI/ POI is not holding any POI card or OCC (overseas Citizenship Certificate), can he get the registration of his propert purchased by him, in India?

Thanks & Regards

Anonymous   19 April 2010 at 18:52

pay ment for the property bought

sir
my self and my brother bought a house together with 50 percent share.
However due to the circumstances at that time i paid the 80 percent of the total amount. Now i want to claim for the 80percent for the share of the property.
do i have any legal standing just because i have proof that i paid the 80 percent of the amount

Kunal   19 April 2010 at 17:26

Tenancy

We had a ancestors property. A rgistered partition was done among ourseleves. As my grandpa was serving Indian army a land occupied by tenant was alloted to our branch (as tenancy is not applicable to army persons) under section 43c.

Later my grandpa and tenant made a appeal to Dy Collector where the order was passed to allot 5 acres to the landlord (ie my grandpa). Again being unsatisfied my grandpa and tenant made a appeal to Collector, again the same order was passed by collector. Both of them (tenant and grandpa) were not satisfied by the order hence both approached to High court. The matter was pending there for 10 yrs in a meanwhile my grandpa expiered. In 1993 High court remanded the suit and asked to go to revenue again. The order by high court was passed as ---- "The order is being remanded and the authorities has to decide the share of the landlord considering the actual meets and bounds held by the joint family, also no fresh appeals can be made the appeal has to continue considering the previous one".

After this not even the tenant and us approached the court or revenue authorities. My father was new to this and had no knowledge. In 1997 the tenant made a appeal to Tahasildar. Tahasildar passed the order in favour of tenant.
My father then made a appeal to Collector, but then forceably due to some crisis my father had to compromise and the tenant in writing on a simple piece of paper took the signatures of my father and mutuation entry was passed on 7/12 extract by the name of tenant. Also my grandmas powers were taken (Hakka sod patra) under sectin 32g

Queries are>>
1) Can the matter be reopened - as the high court had passed the order to remand the case and not to file fresh case.
2) High court has just asked the authorities to decide my grandpas share in the property and same to be alloted to the hiers.
3) Has the tenant cheated us or made a fraud - by making a fresh appeal.
4) Tahasildar has over ruled the High court orders --- so can it be squashed if we make a appeal to high court again???
5) Can widows (my grandma) rights be taken by tenant in this matter??
6) Also the land has come in muncilality limits in 1997 - so is the tenancy applicable???
7) My Dad has made a compromise on plain paper is it valid?? No other members of the family has signed the documents (Hiers after my grandpa --- One son (my father), three daughtrs)

Anonymous   19 April 2010 at 15:03

need infor mation regarding sale

we are 5 heirs of our joint ancestal property andout of which 3 have signed a saleagreement and they have taken cheques on our behalf iam not interested in selling the property .will the sale happen without my sign and i am ready to pay back the advance given on my shareand the agreement period is also over now how to proceed