Dhruva Shah
11 January 2010 at 17:18
Dear All,
I would like your help in the following case :
A Flat was purchased through auction from a Semi Government Company (2nd party) say in 2007.For Stamp Duty & Registration purpose it was put to adjudication in the end of 2009.
Which Stamp duty rates shall apply? 2009 or 2010?
Should the sale value by the 2nd party be considered final for the purpose for stamp duty valuation ?
Please reply ASAP.
Your help will be deeply appreciated.
Thanks & Regards.
Anonymous
11 January 2010 at 14:22
I( Vendee-DHR) filed a petition u/s 5 A of the act for regulation of an alienation, on the basis of a compromise decree, obtained in a suit filed for specific performance of an agreement of sale(un registered) before the Mandal Revenue Officer. And after due enquiry and also after following the due procedure, the MRO has issued a certificate to that effect on my favour.
When the matter was carried before the Joint Collector (Revisional Authority) by other side who contended that “no notice was served on them before passing the orders and also further contended that the said DHR has failed to approach the trial court for registration of the sale deed and thus the revisional authority has no jurisdiction to entertain the case”. The Joint collector has dismissed the Revision Petition. Further he also relied upon the Rule 27(4) of the Rules with regard to implementation of court decrees.
As against the said order, the matter was carried by other side, before the High Court (Single Judge) by way of Writ Petition and the same was also dismissed.
When the matter came up before Division Bench of High Court, it was contented that
1. No regularization of alienation even based on a decree obtained in a suit for specific performance can be ordered under Section 5 of the Act.
2. An agreement of sale cannot be considered to be a document of “transfer” or “alienation”
and accordingly passed orders against me. And now the matter is pending before Supreme Court carried in a SLP.
The Act is as follows:-
Section 5-A Regularization of certain alienations or other transfers of lands:-
(1) Notwithstanding anything contained in this Act, the Transfer of Property Act, 1882, the Registration Act, 1908 or any other law for the time being in force [where a person is an occupant] by virtue of an alienation or transfer made or effected otherwise than by registered document, the alinee or the transferee may, within such period as may be prescribed, apply to the Mandal Revenue Officer for a certificate declaring that such alienation or transfer is valid.
Rule 27 (4) of A.P.Rights in Land & Pattadar Pass Books Rules 1989:-
Whenever a court decree about acquisition of title by purchase of land through deeds on plain paper or by oral purchase is received form court or presented to the Mandal Revenue Officer for implementing and incorporating changes in the Record of rights and Pattedar pass Book, the Mandal Revenue officer shall incorporate changes in the Record of Rights and Pattedar Pass Book, based on court decree only after collection of stamp duty and registration fee on the sale price of the land or market value of the land whichever is higher. If the person seeking execution of court decree claims that he had already paid proper and adequate stamp duty in the court and produces certificate issued by the court to this effect and other evidence to the satisfaction of Mandal Revenue Officer, the Mandal Revenue Officer shall demand and collect only registration fee and incorporate changes in the record of Rights and Pattedar pass Books, If the decree is received or produced by or before a Registration officer or other Officers, these officers shall immediately send these decrees to the concerned Mandal Revenue Office for necessary action.
1.Application filed against section 5-a of R.o.R act. But it should have filed as per 27(4) of R.o.R act. Does my case can be considered as per 27(4) or it will be dissmissed as per section 5-a.?
pawan arora
11 January 2010 at 11:03
hi everyone
i have lost my original documents of a registered property.
plz give me legal advice how to get it and from which authority.
thanks
northsector
11 January 2010 at 09:32
I has purchased a shop plot from a Business man. but after some time I came to know that the plot I had purchased is a dispute one. The plot belong to irregation Dept/Govt. I contacted the seller and he has returned about 50 % money which i had paid to him. Still 50 %of the money is retained by him.
Please suggest me what kind of legal action can be taken against the seller so that he return the balance money to me ?
Aditya R khandelwal
10 January 2010 at 23:21
Is it necessary to Probate the Registered Will in Court In india?
Or are there any other way That we can sell The land widout Probate???
I Stay in Rajasthan.
ramesh
10 January 2010 at 23:05
I purchased a plot and paid 50% amount to owner in jan. 09 he made a issar chithi (Bayana agreement) on Rs. 100 stamp paper, duly signed with 2 witnesses. wherein he mentioned that rest amount has to be paid on or before 13/7/09 and sale deed to be done. I phoned him up on 7/7/09 asking him to execute the sale deed as i was ready to pay the rest amount but he said wait for 15-20 days because he said he was not owner of the plots he was mediator/ broker or some thing. this plot was part of a lay out owned by 4 partners who had asked them to sell the plots and orally authorised him to accept bayana money from purchasers . I sent him a letter on 7/7/09 by courier requesting him to execute sale deed , again on 11/8/09 and on 16/09/09 i sent him letters through couriers but no reply on 24/10/09 i sent him regd. a/d letter warning him either execute sale deed or refund my money within 7 days he phoned me up and again told me to wait for few days and also he changed the last date of sale deed from 13/7/09 to 13/2/10 by his handwriting and signed there on original stamp paper which I am having . but the xerox copy which is with him is still showing last date for sale deed is 13/7/09 . I waited for few days then I sent him a notice through my lawyer on 10/12/09 by regd A/D giving him 7 days time to execute sale deed otherwise civil and criminal case will be filed. He has not yer replid to that notice what should i do? Should I wait till 13/2/10 or before that I can file criminal or civil case against him few days back he met on road and repeated same thing that wait for few days we will execute sale deed mean time i approached one of the 4 owners of the plts he said that your plot is reserved for you we have not sold to any body else but he told me to sort out the matter with that broker . pl. advise me my e mail add. rameshgajwani@rediff.com
Anonymous
10 January 2010 at 12:51
I have purchased a property( land ) with the finance from a bank after varifing all the documents & search report .few months later a relative of old owner filed a suite of T.I.against me stating that a partition suit including this property is pending in lower court since 1998 & he also has share in this property.
he asked the court 1) to decleare this sale deed ab initio void
2) not to demolish old construction & not to allow new one
3) not to transfer this property .
After varyfying all the documents, court has said that, there is no primafacee evidence showing plaintiffs share in this property .also just because the partition which took place in 1992 was oral partition,other entries in the govt record should not be neglected . Also the partition was accepted by plaintiff's father & was entered in govt revinew record.
court has ordered that 1)I can demolish old building & start new construction on the said land
2) I should not transfer the property.
3) I should give undertaking that if at all the final decision goes in plaintiff's favour,I will demolish my construction & bring back to original one.
This order is till the final decision of the suit & not intrim
As said earlier the land is mortgage with bank since purchase.I have taken permission from local govt authority for construction.bank is ready to finance me.
My query is-
1) Do i need to take permission from court to increase the loan or mortgage ?
2)will that be contempt of court otherwise?
3)As mortgage comes under transfer of property,what difference is between mortgage & transfer of property?
4) will court allow me to increase mortgage?
Aditya R khandelwal
10 January 2010 at 09:11
Wel me and my Father purchased a Land in 1991....After that i made a construction of Two floors....Wel we take the Registered Sell agreement in favour of My dad and Power Of attorney In favour of me..... Till date both My Dad and Previous Owner who sell the Land to us is Alive.
My question:-
#1 Can i make a "Registered Sell agreement" in favour of my wife with the Power of attorney? If yes....
#2 Can she sell the Land in future with the "Registered Sale agreement" and make the land Registered in some other PArty if my father Dies?
#3 If My Dad dies will i be able to Sell the Land with the help of "Power of Attorney" as i get this Power from Previous owner and not from My Dad,
ramesh
09 January 2010 at 23:09
sir i want to know whether a notorised reliquishment deed dated 2001 regarding house property is a legal documents to transfer the property rights ?if not can it be registered by paying appropriate stamp duty now? my name Ramesh P Gajwani my mob no 9850550597 my email add. rameshgajwani@rediff.com
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Developer not providing Partnership Registration No.
Ours is a Co-op. society registered under the Maharashtra Co-op.Societies Act 1960. There are 20 chawl type structures running commercial activities. Recently, the society has agreed to go for redevelopment, for which a Developer (a Partnership firm) has been appointed. The draft of the agreement deed has been prepared, but is yet to be signed by both the parties. Now, in the Agreement Deed, the Developer has not mentioned the Partnership Registration No.of his firm. However, the Partnership Deed has been attached with the Agreement (Partnership Registration No. not mentioned). Can this in any way be detrimental for the interest of the society? If so, how, and what is the remedy to this. Kindly advice on this.