SMIT SAURAV
15 June 2009 at 16:19
Dear Sirs,
I am interested to purchase a plot in Jaipur (Rajasthan). The plot is owned by individual say "A" ( intially alloted by Jaipur Development Authority), wants to sale it to me but by drawing a power of attorney in favour of another individual say "B". In this transaction, the whole of the proceeds will go to "A". My query is :-
1. Is sale of plot / property through power of attorney valid in courts of law?
2. Is registration of the power of attoney drawn in favour of "B" be done beforehand sale transaction and registration of sale deed.What is the general stamp duty for such registration of power of attorney?
3. "A" is willing to be witness in the sale registration to be executed by "B". Inspite of this can future dispute be raised by "A"?
4. What can be the foolproof process where it can be checked that "B" has not done similar transaction of sale through power of attorney to some other individual/s ?
5. In the eyes of Law, the sale of a property which is registered will be considered genuine where another man who also claims right of property ( but which is not registered) of having been sold the same property by keeping the person in dark.
6. Is publishing a general enquiry in the newspaper about any claimant for plot is desired at the time of purchase and legally enough to protect one's interests ?
7. What general precautions should be taken for purchase and registration of purchased plot?
The learned advocates are kindly requested to guide me with their rich knowledge.
Thank You!
Jagadeesh.K.M.
13 June 2009 at 15:52
Dear All,
I'm K.M.Jagadeesh.(Korapatti Mohan Jagadeesh), wherein "Korapatti" stands for my Family/Community name, "Mohan" for my Father, & Jagadeesh for my name. My Surname's "NAIDU".
In Our family pattern, everyone has the family name for their INITIALS and just their name. In such a case I should be referred to as Korapatti Jagadeesh (K.Jagadeesh for short..). But since I applied for my PAN Card with my School TC & other stuff, I have it to be K.M.Jagadeesh.
I'm applying for a my name change with the Govt. Gazette to Jagadeesh.K.(Also for my PAN Card & other Bank accounts with it once the gazette gets published with my changed name).
I would request advice/suggestions/steps from U experts on how it would affect the legal documents/sale deeds for the land i've purchased some time ago.
Also,I would like to know what are the procedures to effect my name change with the above said sale deeds/documents.
My E-Mail ID:
kmjagadeesh@gmail.com
kmjagadeesh@ymail.com
Awaiting Ur complete expert advice in this regard at the earliest....
Thankfully Yours
Jagadeesh
hln
13 June 2009 at 14:18
Dear sir,
My friend’s wife is living separately since 20 years and is not willing to join him. She is unwilling to give him divorce as she is claiming maintenance from him. He is a patient with renal failure and since he had no one to look after him, he married a girl, who is looking after him till date, with utmost care and he has two issues out of her.
He has a self-acquired property in his name and his wish is to give this property to his second wife and children for their maintenance after he is gone. He is worried that the first wife who did not contribute in any of her duties as a wife may lay claim on this property after his death. He wishes to write a Will in favour of his second wife so that she could enjoy peaceful possession of the property with her children as the children are still minor.
He intends to bequeath the Property through a Will. What is the stamp duty involved for the property worth Rs.25 L. How will the Will work in his case. Does it protect the interest of his second wife and children?
His first wife who is claiming maintenance from him during his lifetime would cease to receive any maintenance thenceforth. As he is gainfully employed, he plans to write the entire terminal benefits in favour of his First Wife. Will this suffice to compensate her? How will she be compensated in the eyes of Law?
Which is better a Will or a Gift Deed in this case and what are the legal implications in this regard. Kindly advise.
Thank You,
AJIT KAWATKAR
12 June 2009 at 17:28
A immvble open ppty.with medium size house was purchased in 1964-65.mutation is in the name of purchaser till this day.7/12 extract till 1987 had remark "sara mafine" probably means "no n.a.tax".so no body came for collecting it. but after 1987 we are receiving notice every yr.for paymnt of N.A.tax &we are paying it since then.ppty adjusnt to ours is not charged N.A. till today.My Q.is 1]how a ppty.was exmted. from tax till 87 suddenly charged N.A.1987 onwards.are there s\is any law under which it applies[REF] 2]is it not wrong/absurd not to charge N.A. to a ppty next/adjusnt.to ours.3]if in your opinion it is wrong kindly suggest how to proceed to get this rectified. ppty. is in aurangabad{city} maharashtra.
suren
12 June 2009 at 15:42
Dear Experts,
Please help me for the following query :-
Our company is planning to put a factory (Chemical catagory) in Maharashtra.
1. While purchasing free hold Land for the factory, what type of the precaustions to be taken care ? i.e. Industrial Zone etc
2 What are the Govt. Permissions / Registrations required?
3. Any other procedure to be followed
Thanks & Regards
Suren
Anindita
11 June 2009 at 16:40
Sir/ Ma'am,
What is Sublease and Sublicence? And what are the Indian Laws relating to it?
ayyanna gurikar
11 June 2009 at 14:09
dear experts,
i along with my brother bought an independent house in Raichur(Karnataka) in 2003,while applying housing loan i was not eligible for housing loan, so my brother applied for housing loan and my father is also co-owner of this house.
but from the beginning i was only paying for all the EMI's. Legally my brother and my father is the owner for this house.
now i have discussed with them to transfer the house to my name and i will be continuing the remaining housing loan.
Even both agreed to transfer the house to me.
now my few queries are as follows.
1 Can they (bother/father) GIFT this house to me.(Still loan is not closed )
2 if Gift is not possible what are other ways of transferring the house to me and i should be able to continue the housing loan in my name so that i can enjoy the tax benefit
3 i have one younger bother and elder brother and one younger sister, do i need to make any kind of legal agreement with them also so that i should not facing any legal claim on this property in future.
AJIT KAWATKAR
11 June 2009 at 00:51
what is the meanning of Sanad &Inami ppty.Is/are there any restrction/ban to sell ppty received as Sanad/Inam. please give details with ref. to law in Maharashtra.
AJIT KAWATKAR
11 June 2009 at 00:37
can any listed hon'ble lawyersgive me full text of a case ref.5 SCC 725 AIR 1999 sc 807 veena hasmukh jain v/s state of maharashtra. i have brief note of jdmnt.:-"agreemnt for sale of flat +delivery of possession could be construde to be a conveyance." thanks.
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hindu sucession amendment act 2005
The Supreme Court of India in Sheela Devi and Others vs Lalchand held that sucession opens up on the date of death of a hindu woman's father. Therefore if a hindu woman's father dies before the above act came into force, she will not get the benefit of the above amendment. Only those hindu women whose father expires after the amendment of 2005 came into force, can benefit from the said act. Am I correct ? If so, Indian women have to wait for a couple of decades to get the benefit of this amended act ?(p.s.- I am not an advocate)