Adv. Santosh Mahanor
04 August 2009 at 16:52
Friends,
One of my client had purchased house on power of Attorney & agreement to sale, POA & Agreement to sale was made & executed before notary public,that time real owner had not given the possession. after some months the real owner has sold the said property to somebody else along with registered document
now what is the remedy available to my client ?.
Tipsy
04 August 2009 at 14:15
Our basement premises are illegaly being utilised since long time by third party with out obtaining NOC or written consent from society and same has been used for illegal and hazardous merchandise without necessary licence and permission from local govt authorities , which is mandatory and no permission has been taken from society which is reqd as per bye laws, now which authority we should complain, as we are located in Fort/Mumbai
Suhas Bennikal
03 August 2009 at 13:13
Hello experts, Need your advice...
I've planned to buy a property(flat) in Bangalore where I currently reside. We would like to register this flat in both mine and my wife's name. But the problem here is that my wife has gone to Bahrain(Gulf) for her maternity leave and won't be able to come back till mid October. Here builder is pressurizing me to get the registration completed and settle his dues.
Few options that I've heard of are
1. My wife to provide GPA to me for property registration purposes.
2. Register the property in my name for the time being and later include her name (not sure on the money involved for this option)
Given this situation, what alternatives do I have? Please help.
Rohit Telang
03 August 2009 at 12:44
Sir,
My father in law has a residential plot of 3000 Sq.Ft.at Rahatni,Pimri,Pune.In Oct.2008 I on behalf of my Father in law executed a Visara Pawti on stamp paper of Rs.100/- for accepting Token Amount of Rs.50,000/-with a prospective buyer.As per instructions of the buyer I did not deposit the cheque till today.He told me that he will pay that amount later at the time of agreement.In the document it was mentioned that I agree to sell the land after completing the required legal documents like Gunthewari etc for the execution of sale deed.I was told by the buyer and his agent that Gunthewari system is opend by the Govt.Later on I found that Gunthewari cannot be done as it is not opened as yet.I have other documents like 7/12,Ferfar Utara,IndexII.Original Purchase agrrement,Zonal certificate etc.The Buyer is insisting on Gunthewari document,which is not possible at the moment.Iam trying to get city survey document through city survey office.I have following questions.
1.What is the legal status of Visara Pawti?
2.As I have not deposited the token money,although in the Visara Pawti it is mentioned that I have received the amount,can the Visara pawti binding on me?
3.For how long is the Visara Pawti valid,as no mention is made of validity date.
4.If the Gunthewari system is closed and the buyer refuses to do the sale agreement
What are the options available to me?
5.Can I sell the land to other buyers without the consent of the first?
Please advise me as to how to get out of this problem.The buyer has orally said that he will purchase the plot after City survey is done,but I do not trust him.
Please advise.
Nischit c. Jain
03 August 2009 at 00:30
We are leaving in a house since last 35 year, actually purchase by my father in name of uncle. later on he give us power of attorney and sale agreement mentioning he recieved consideration.now my uncle file a suit for permanent injuction and cancellation of sale agreement without claiming possession. I want to know that whether suit for permanent injuction without claiming possession stands? I heard somewhere that suit for permanent injuction without claiming possession is not maintainable. I want case law for same.
PRAKASHCHANDRA MARU
02 August 2009 at 23:26
HELLO ALL LEARNED
MY CLIENTS FATHER AND MOTHER BOTH DIED AND THE SELFAQUIRED PROPERTY IS IN THE NAME OF THE FATHER HE LEFT TWO SON AND TWO DAUGHTHER NOW SHARE WILL BE DELIVERD AS PER THE HINDU SUCSESSION ACT OR ANY OTHER WAY PLS INFORM
THANKS IN ADVANCE
kk
02 August 2009 at 21:27
i m secretary of one of registerede coopt scty .My q is shop/ flats under ground floor have extended their area and due to which society area is used upp they have paid to builder at time of purchse(old buyers) and paid to BMC (new buyer of ground floor)
my Q us how do i solve this issue and take back property of scty >???can u giv elink of case laws or any section ?
AJIT KAWATKAR
02 August 2009 at 12:49
A widow without any issue died in 2003 living a will-{not probated] the contaents has two parts 1]the ownewship flat she was living has been bequethed to her brother's son where no executor is mentioned . In the 2nd portion &to her other movable &immovable pptys. she has mentioned the name of her sister-in law as executer.the original will is with the executor.The benefishier is having possession of the flat &now wants to despose-off the ppty.but cannot because of pending Probate. It seems the executor seems nether interested in giving the original will nor ready to accompany for lodging it in for probate. kindly suggest the way-out.
ravindra
01 August 2009 at 19:03
sir
i mr ravindra reddy from bangalore i have purchased land from mr george takran in 2006 it has been registered to me
in 2003 george takran purchased land from mr shivanna got it registered ,in that son of shivnna also signed,now after 3 years shivanas daughter put case against me and george that she dint received her share from the property,
plase advice me
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POA
Hi,
I entered into a POA on November 10, 2008 for selling my house. we have signed, got consideration and i have handed over the possession. We went to the SRO, teynampet and got authenticated by the sub registrar on december 26, 2008. should i take november 10 or december 26 as the transfer (sale) date?