Anonymous
31 October 2009 at 13:18
Dear Sir,
I wanted to know about the Capital gains rule for property if sold before 3 years of purchase. Is capital gain applicable.
If Sell deed is not their than is it advantage to the seller or in that case also capital gain is applicable.
If the property is over 3 years and Sell deed is not their is capital gain applicable.If property sold than can stampduty is refundable if sell deed is not their.
Kindly also wants to know who has to inure the expences of Sell deed.
Regards
Deepak Kulkarni
Mobile 9850985011
Anandakumara MB
30 October 2009 at 20:32
1. In Usufructuary mortgage the Limitation act commences , when mortgagee demanded the money OR refused by Mortgagor OR after the date of mortgage has been executed???? 2. Also Mortgagor retain the possession with them from the date of mortgageexecuted, when the limitation starts?
3. If mortgaged executed in 1945 then which limitation will aplly?? either 1963 or 1908 for the property in litigation.
MK visvesvaraya
30 October 2009 at 19:14
Hi Experts.
After seeing lot of messages related to Karnataka land act 1961.
Some Advance information:
[1] My family does not have Agriculture history.
[2] My wife's side has Agriculture history
I have following question:
I like to buy an agriculture land near Bangalore, examples anekal or Kanakpura.I like to use that land for agriculture purpose only. My income is greater then 4 lacks/year.
Do I eligible for above??
If not then No body in Karnataka take agriculture as carrier or Bread earning business?
Or I can buy a farm land from Gated community builder and then after 2-3 year buy a proper Agriculture land?
Please guide me on legal side.
Thanks
Arvind
A.R.P.S.
30 October 2009 at 16:36
Father having a House which is his personal property as such very long back he had donated his house to his own two sons by executed a registered Donation Deed. But at present one of his son acting with cruel with his Father and tried to evict his father from his House namely the donated property.
So now the Father decided to cancel the said Donation Deed.
Whether he can execute a Cancellation Deed or he has to file a civil suit for cancellation of document?
Because it is a house property and right from the date of the execution of the donation deed to till date the donor namely the Father have been living with the donees.
advice
30 October 2009 at 16:05
Hi,
This is with regards to an issue withSelf acquired property gifted to one among two brothers.The property is self acquired by parents and has been gifted (deed) to younger brother due to love and affection and being the only one to take care of them. However, after several years being in a sorrowful situation the parents gave shelter to the elder brother to stay with the family (however the elder brother found place in the house by orally agreeing to pay monthly rent to parents). The property being old when the younger brother (owner -as gifted)planned to construct the house, the issue started. The Elder brother claiming to have equal share in property refused to hanover the pocession and obstructed the construction.
Elder brother currently occupies First floor and younger brother the ground floor along with Parents (Mother alive , father deceased). However , this issue was taken to court settlement where the elder brother argued saying the property is not self acquired. However the proof of self acquired is with the parents. But due to poor handling of the case the court dismissed the case due to not providing proof of property being self acquired by yonger brother:o(.
This happened 10+ yrs ago,and after that the younger brothet sought of lost confidence with trials so did not file another case. now request your expert comments and suggestions how to proceed in the case etc.
Thanks!
Nasiruddin
30 October 2009 at 12:34
Dear all
I want to know the case name and citation in which the Supreme court gave the judgement to vaccate the building from tenant if he fail to pay rent from last three or four months regularly.
Anonymous
30 October 2009 at 11:37
sir
the house is owned by my late father and late mother jointly.
Due the respec of my parents i have'nt got the property mutated and kept in my parent's name.
The hose was given to me by oral will of my parents. I am in 100% possession of the said property.
Few days back:
I got a comunication for my 2 bros
that they have a will of my late father ,executed in favour of all 5 brothers.
Excluding sisters and the winesses on the said will are these 2 brothers only.
The will was executed 30 years back. it is said to be a registered will (registed in another city)
In the will the address of my father is shown as another city(where the will is executed and registed).
Actually my parents lived with me in our city till demise and the city the will is registed by may father (only) and not my mother and that to in another city.
The will was never brought to light of the daly for last 30 years.
What is the legal strenght of the will should my brothers file suit for probate on will or partition of property.
Anonymous
30 October 2009 at 01:28
Hello Sir,
I have 1 imp query..........
My grandfather(nanaji) got expired in June'2006 and my mother get expired in May'2007.My nanaji has 2 son and 1 daughter.It obvious,My mother get married before 2005.I mean before HSAA 2005 ACT.
So I want to know can I(son) claim on my nanaji's Agriculture Land?Currently my nanaji's son has transfered his land in their name.This is the case of Uttaranchal.
------ As per Hindu Succession Amendment Act 2005,Daughter has equal right on agriculture land even married daughter also.
Has all restrictions on date of marriage ,date of birth before,unmarried have been struck down after the above judgements. Also the supremacy of the Central Act of 2005 over various state amendments has been upheld in the above judgements.As I have heard this.
Pls advise me asap.
Thanks
Saurabh Nautiyal
30 October 2009 at 01:26
Hello Sir,
I have 1 imp query..........
My grandfather(nanaji) got expired in June'2006 and my mother get expired in May'2007.My nanaji has 2 son and 1 daughter.It obvious,My mother get married before 2005.I mean before HSAA 2005 ACT.
So I want to know can I(son) claim on my nanaji's Agriculture Land?Currently my nanaji's son has transfered his land in their name.This is the case of Uttaranchal.
------ As per Hindu Succession Amendment Act 2005,Daughter has equal right on agriculture land even married daughter also.
Has all restrictions on date of marriage ,date of birth before,unmarried have been struck down after the above judgements. Also the supremacy of the Central Act of 2005 over various state amendments has been upheld in the above judgements.As I have heard this.
Pls advise me asap.
Thanks
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Property settlement deed - reg.
Dear Sir,
Well and hope to hear the same from you.
I have queries with regard to property settlement.
I am the only son and have 2 sisters.
My father have made settlement in favour of me and registered
properly. [His self acquired property]
In the deed it was mentioned clearly that both my sisters have no
no rights as my father have rendered adequate monetary and other
benefits to both of them.
He also mentioned to change all the records of Corporation,
Metro water, Electricity and Patta transfer in to my name.
The deed was executed on March 2009, but so far I have not
changed into my name.
But recently I came to know that one of my brother-in-law
have planned to challenge the settlement on the grounds
that my father was compelled or coerced into giving such
settlement, or that he did not have the mental or the contractual
capacity to give such settlement.
I want to know how I can defend this in case if he approach
in that way.
Though my father is very much in support to me, should also
consider the fact that he is already 81 years old and
deteriorating bed ridden patient.
[a] how can I take up extra measures to defend,
[b] whether a settlement can be revoked &
[c] as a matter of protection can I make a settlement in favour
of my wife.
I am in possession of the property & my father is with me.
Awaiting your reply eagerly.
Thanking you with regards.