anil
20 May 2019 at 00:47
Respected Sir / Madam
we have taken bayana from a buyer on dec 6 2018. . the due date of execution is 6th June 2019. he has paid nothing apart from bayana. now he says that he has he will give the money when he has it. . the sale agreement has a clause of interest and penalty if any party fails to honor the agreement. . however the % of interest and penalty is not mentioned. . also, we had signed on the agreement at the dealer's office. it was past 8.30 pm then. they said that "the shops are closed now. we will give the photocopy tomorrow". . . but have not given us the copy of the initial sale agreement. they kept on saying 2 days 2 days for a while. and since they have refused to give a copy of the agreement to us. what could be the course of action for us now ?? . . . is there any standard percentage of interest and penalty under law that would be applicable in such cases where the percentage of interest and penalty is not mentioned in the agreement ? . If not then what would be the interest and penalty ??
. . pls guide sir .. the house / property in question is in Delhi . just to inform, the possession of the said property is with us. means we are staying in our house, the house that is to be sold by us... . also i want to inform that the buyer has not signed anywhere in the agreement. only we have signed. his name, address etc was mentioned but he has not signed anywhere. we have signed each and every page and our photographs are also affixed on it. is this standard procedure ? please guide sir.
thank you.
anil kumar malhotra.
Anonymous
19 May 2019 at 02:23
Dear sir /madam
I m son of a divorced parents. At the time of divorce my custody was given to my father. I was 5 yrs old then. Nw I m 41. At present due to unavoidable conditions my wife n I are taking a divorce on mutual consent. I have 3 children from my wife. Nw I think that I ll remarry someone else after divorce n so will my wife. My query is that does the children from previous wife any rights on the property of my mother who was divorced by my father as I lived with my father as per the court's decision. Secondly, even after my remarriage will they have the same rights as my children from second marriage. Is there any way to prevent them from claiming if they have the right. Because I want the property given to me by my divorced mother to b given to my second wife n her children. Kindly advise. Thanks
Gourang M Haldipur
19 May 2019 at 00:36
My uncle living in USA had filed an FDP against 13 members of the family through his power of attorney who happens to be a stranger to our family. The property involved in the FDP is a dwelling house belonging to the joint family. About 6 months after filing of the FDP, my uncle and 8 other members of the famlily surreptitiously sold their undivided shares to the POA of my uncle without the knowledge of 4 other contesting defendants and without court permission in the year 2011. The stranger purchaser waited for 3 years from 2011 to 2014 and filed an application in 2014 to implead himself as plaintiff no:2. His prayer was rejected. He moved the High Court and the High Court permitted him to be impleaded as defendant no:14 and not as plaintiff no:2. I moved the Supreme Court against this order. At the time of grant of leave, Justice Pinaki Chandra Ghosh was of the considered opinion that as the sole plaintiff and 9 defendants have sold their shares, the FDP is not maintainable. His Lordship advised my counsel that instead of keeping the matter pending in the SC, it would be advisable to file an application in the trial court and get the FDP dismissed as not maintainable.His Lordship was also of the opinion that the only recourse available to the stranger purchaser is to file a suit for general partition and possession. Based on the opinion of Justice Ghosh, the SLP was withdrawn. An interim application was moved before the trial court seeking the dismissal of the FDP as being not maintainable on several grounds including the grounds mentioned by Justice Ghosh. The trial court dismissed my application on the ground that since the FDP is only to partition the shares as per preliminary decree, the FDP is maintainable not withstanding the fact that the 14th defendant.is a stranger. My advocate had given 3 decisions of the High Courts and 1 of the SC in support of my application. These decisions do not even find a mention in the order. Kindly advise how to proceed in the matter.
Anonymous
18 May 2019 at 16:52
I want to purchase row house on venkatesh balaji devsthan land in nashik .
Land was done N A by collecter order in 1999
All necessary premission were taken that is commecment , completion certificate by local body cantonment board ,noc from devsthan
Still i am confuse to buy this row house.
Can any advice me how legal it is to by
Shibu Thambi
16 May 2019 at 23:45
I am a Keralite NRI who bought land in Trivandrum, my wife's native place. The property is held jointly in the name of my wife and I. In my absence, my neighbours erected an electric post and placed the support line of that post into my property when they could have set it on their own property without my consent and in my absence. How can I have this support line removed from my property and have it placed in their own property?
Manikya Chary
16 May 2019 at 22:47
Namaste,
As my son missing and last seen in Uthharakhand, Suspected that fallen in The valley, Dead body not yet found.
There are 2 properties in the name of the missing person. How I can Claim those properties.
Please let me know
Sachin
16 May 2019 at 21:00
I am thinking to by bdd chawl at Naigaon ...but I come to know that transfer of name is stopped . One officer of PWD told that U take wen transfer policy will come I will transfer but I told what ABT builder ....he told nothing to do with builder , it is between you and government. Some people are telling transfer of name will be after 10 year.......plz guide me what to do
munshilal
16 May 2019 at 07:05
Experts kindly explain in plain English for a lay man to understand the following--
"'The terms of 1st, 2nd, 3rd,& 4th party shall all include their , representative heirs, representatives, assignee's & administrator-in -interest.'
thanking you
krishna
15 May 2019 at 19:39
Hi sir,
I am planning to buy a plot from X in sy no128/2.
but 128/2 is 7.76 acres .
128/2 is owned by A.
A sold 2 acres to X
A sold 2 acres to Y
A sold 2 acres to Z
A sold 1.76 acres to M.
X applied for Subdivision of survey number.
survey done.
subdivision statement prepared and gave sy no 128/2C in X name.
but mro sign is pending since 3 months.
if I get sale deed with sy no 128/2 now.
after getting mro approval ,
can i rectify document with 128/2C instead of 128/2 by paying minimum stamp duty?
is it possible?
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About bayana 2
Respected Sir ? Madam
does the bayana get forfeited by default if the buyer fails to honor the initial agreement to sale ? or does it have to be in the clauses of the sale agreement ?? ... . . we r to sell our house. the buyer has paid nothing apart from the bayana.the 6 months period is going to expire on the 6th of june 2019. . he says he does not have adequate money and will pay when he has the money. how long do we wait ?? how shall we approach this now. what options do we have ?? the agreement to sale has interest and penalty (but no rate of interest and penalty specified) clause but nothing pertaining to forfeiture.
reading some articles about the matter i gather that it is advisable to mark our presence at the 'Office of the Registrar'. . . however they have not given us the copy of the agreement to us. .. ( it was around 8.30 pm when we had signed the papers. they said that they will give the copy next day but havent given it till this day. for a month or so they bought time saying 2 days 2 days. after that they have outrightly rejected to give a copy of the agreement. ) do we need to have the copy of agreement when we go to the registrar's office ?? .. .. the buyer has not signed anywhere on the agreement. his name, address are mentioned but he has signed nowhere. . .only we have signed . . is this normal practice ?? looking forward to some guidance .
thank you. anil kumar malhotra