SAILA KUMARI
16 years ago
one of my relatives entered into agreement for sale of a flat in bangalore. at the time of the entering, no documents were made available to the buyer. the vendors represented that they are in government service and all documents are with banker who lent money.
the agreement contains "the purchaser entered this agreement on the bonafide belief that the declarations made by the vendor are correct. rs.50,000 was paid by cheque.
later the vendor gave some zerox copies.
when the zerox copies were shown to the purchaser's advocate, he said one of the papers known as "khatha" is missing.
the advocate says that unless the Khatha is in the name of the vendor, such vendor can not transfer the property. hence the purchaser declined.
the vendor says that many flats in the same area are being purchased by many persons. hence he insisted for performance of the contract.
before declining to purchase (due to absence of khatha, the buyer paid additional advance of rs.1.50 lakhs to the vendor by cheque based on the verbal urgency expressed by the vendor.
apart from non availability of khatha, it is also noticed by the purchaser that the vendor was in army service but now not in that service. however, she is still represents as if she is in army service (without suffixing or prefixing the words such as ex. former, etc.
what are the ways to recover money from the vendor?
whether criminal case be filed against vendor?
whether for misdeclaring of designation, any case can be filed?
Vinod Kumar K
16 years ago
Sir, my neighbour has grabbed some land from the side of municipal road about 1.5 cents and the land situated at 'L'turn road side. It is please note that the road is a narrow and 'L'turn and hence the vehicle from steepy road and turning which regualrly happening of accidents. Please give guidlines to take the said government land as a purbli interest.
allurisivajiraju
16 years ago
Respected Seniors,
Mr. X gave his fish tank an extent of Ac. 5-00 Cents to Mr. Y for leese of Rs. 15,000-00 per Acre for a period of 6 years. There was written agreement between the both parties but is was not registered.
Mr. Y enjoyed leese agreement fish tank for 3 years and paid leese from time to time without delay and now 4th year is running.
Now Mr. X threatened Mr. y to vocate the fish tank since recently there are abnormal leese rates going on in that area for neighbours fish tanks. Nearly Rs. 35,000-00 per Acre for year.
In the above circumstances what is the option to Mr. Y to protect his right ie. Peaceful enjoyment of figh tank for leese period. Can he get injunction order from the Court against land owner ie. Mr. X that not to interfere in the leesed fish tank up to leese period by filing un registered leese agreement deed for collateral purpose.
Please advise me as early as possible. Thanking you in advance.
Sugandh
16 years ago
Dear Experts,
I am an Advocate. I am interested to do a work of housing society conveyance in mumbai and its suburbs. Please tell me the complete procedure for conveyance in two situations i.e.1)When builder ready for conveyance and 2) Whne builder is not ready for the same. (Deemed Conveyance). I mean where to apply?, how to apply?, whoom to apply? documents needs to be attached ? etc.
Rajesh
16 years ago
Hello,
Please advice on the formalities to be completed when a person who is a legal heir in a property is missing since 2005. The property need to be sold urgently.
How do we complete the sale of such property? Do we any alternate method so that the sale gets completed?
Rajesh
Guest
16 years ago
Dear Experts,
Facts :- One 'A' has executed a sale deed in favour of 'B'. The same 'A' has also executed another sale of the same property to 'C', who in turn sold it to 'D'. When 'B' learnt this, he has filed a criminal complaint against all. Meanwhile, 'C' (the third owner) expired. Now, 'A' and 'D' (the last owner who is holding the latest sale deed) have agreed to sign all the necessary documents. ('A' has taken a stand that by mistake he has executed the sale deed).
My suggestions :- (1) Cancelling the sale deed made in favour of 'B' by 'A';
(2) Executing a fresh sale deed in favour of 'B' by 'D' ('A' has agreed to bear all the expenses);
Querry :- Is there any better options than the above 2 suggestions, please?
Thanks & Regards.
ponnala
16 years ago
Dear Friends,
In a will testator says "all my remaining lands which are either in my personal cultivation or under tenants are bequeathed to Sri.Mr.'X' Son of Mr.'Y', After my life time he shall take appropriate proceedings for either recovery of the land or of compensation from the persons in occupation and take possession of the lands which are under my occupation". And further the testator says,"Any property which is not expressly specified herein shall be inherited by Smt. 'A', Wife of Mr. 'B' as the residuary legatee.The persons mentioned above shall after my lifetime enjoy the properties bequeathed to them with absolute rights".
Under the circumstances What should Legatee/s Mr. 'X' and Smt. 'A', Claim/s.
As Legatee Mr. 'X' becoming old, he wants to write a Will and also give GPA to his Daughter. He obtained the details of lands held by the testator from old Revenue records, and same were incorporated in the GPA ( and also in the WILL ),but the sub-registrar is not accepting the above details (of Revenue records ). Now how, Mr. 'X', go about this to convince the SRO?
The case is pertaining to AP state.Is it mandatory to register the GPA, under State rule.
I request the learned Forum members to guide me in regards to the steps to be taken in making Will and the GPA, Pool proof one.
The matter is of Little Urgent nature please.
With regards...
Rajesh
16 years ago
A property in housing society, Thane, Mharashtra State, is in the name of My Father and his mother.
First name in the purchase agreement is the name of my Father, purchased in the year 1985.
Share Certificate is in the name of my father.
My grand mother expired in 1987 and the society got registered in 1988.
All other legal heirs of my grand mother have executed a release deed in which the property is realeased in favour of my father.
My father expired in 2005 and the release was done just 4 months prior to his death.
Release deed is not registered as of now.
Please guide how do i get the share certificate transferred in my mother's name. What are the important formalities to be completed.
Rajesh
SATISH KUMAR
16 years ago
My father expired in 1996 intestate. we are 3 brothers and 3 sisters. one married sister filed a suit for partition and her share in 1999.we took plea of section 23 of the HSA,1956. now that has been deleted.there is no mention in the amendment whether it is prospective or retrospective. can she still force partition of the propert and claim her share? is the suit time barred under the limitation act ? can one of the defendant pay her the share and take relinquishment deed from her in his/her favour and save the property from beind sold? can anyone of the defendants file another suit and claim his/her share in future?will the decision in the present case operate as estopple against all the present defendants in any future suit anyone of them file for the same cause i.e partition of the intestate property? what precaution/plea can the defendants take now before the court?
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regarding property trasnsfer
well, i would to like to know how we can transfer my father's property to my brother and my self and my mothers name . my self ,my brother and my mother are only his legal heirs. there is no