V.G.Rao Advocate
07 January 2009 at 19:30
Hi all,
There is an agreement of sale dated 25th day of July 2007 entered between owner and purchaser. At the time of agreement purchaser paid certain amount in advance, possession is to be delivered after registration of sale deed,and one of the clause of the said agreement reads as under,
"the remaining balance sale consideration amount will be paid by the purchaser to the owner on or beore 12 months or at the time of registration which ever is earliar and both parties agreed for the same".
Immediate after the date of the agreement of sale, till date the purchaser neither offerd the balance sale consideration to the owner nor shown any interest to get the sale deed registred with the owner, so far no legal notice is issued by the purchaser to show that he is ready and willing to perform his part of contract to register the sale deed in his favor by paying balance sale consideration.
While matter stood thus one "X" person is now intending to purchse the same property with the aforsaid owner by paying at present marke value.
Now my question under the said circumstances 1)whether purchser can maintain a suit for specific performance of agreement of sale dt 12th july 2007?
2)If he files such suit, i want to know whether the said suit will be barred by limitation?
3)can owner now cancell the aforesaid agreemnt of sale by issuing a legal notice to the purchaser?
4)whether owner can enter in to another agreement of sale with "X" at present market value by cancelling the earliar agreemnt of sale?
CA DINESH KUMAR OSTWAL
07 January 2009 at 11:53
i want a case law on eviction of tenant.
where " there is no agreement to construct by tenant, not entitiled for cost and liable to be ejected"
one of my suggested a link but could not give me the full details of the case law
1997 lawsuit 538, 1997 SCC 530.
please someone could help by giving full case law details?
CA DINESH KUMAR OSTWAL
07 January 2009 at 11:12
I HAVE FILED AN EVICTION SUIT AGAINST A TENANT IN MY RECENTLY BOUGHT BUILDING,BUILDING WAS BOUGHT ALONGWITH TENANTS,NECESSARY ATTORNMENT NOTICE WAS ISSUED,THE EVICTION CASE IS IN ADVANCED STAGE, NOW TENANT ALLEGES THAT HE HAS MADE SOME CONSTRUCTIONS IN THE PREMISES TO SUIT HIS REQUIREMENT,THE FACT IS THERE IS NO AGREEMENT TO THAT EFFECT WITH THE PREVIOUS OWNER.I AM TOLD THERE IS A SETTLED CASE LAW WHICH SAYS" NO AGREEMENT TO CONSTRUCT BY TENANT, NOT ENTITILED FOR COST,LIABLE TO BE EJECTED. 1997 LAWSUIT 538, 1997 SCC 530. COULD SOMEONE GUIDE ME WITH DETAILS OF THIS CASE LAW AND ISSUES INVOLVED
CA DINESH KUMAR OSTWAL
07 January 2009 at 11:12
I HAVE FILED AN EVICTION SUIT AGAINST A TENANT IN MY RECENTLY BOUGHT BUILDING,BUILDING WAS BOUGHT ALONGWITH TENANTS,NECESSARY ATTORNMENT NOTICE WAS ISSUED,THE EVICTION CASE IS IN ADVANCED STAGE, NOW TENANT ALLEGES THAT HE HAS MADE SOME CONSTRUCTIONS IN THE PREMISES TO SUIT HIS REQUIREMENT,THE FACT IS THERE IS NO AGREEMENT TO THAT EFFECT WITH THE PREVIOUS OWNER.I AM TOLD THERE IS A SETTLED CASE LAW WHICH SAYS" NO AGREEMENT TO CONSTRUCT BY TENANT, NOT ENTITILED FOR COST,LIABLE TO BE EJECTED. 1997 LAWSUIT 538, 1997 SCC 530. COULD SOMEONE GUIDE ME WITH DETAILS OF THIS CASE LAW AND ISSUED INVOLVED
ram
06 January 2009 at 12:36
Sir
If Leese Deed Lessor has given right to lesee to mortgage leese property and take loan in any bank. If any Stamp Duty paid of such thing as applicable in Andhra Pradesh. ANy Change in Nature of Transction
Thank Q
Shilpa Rani
05 January 2009 at 16:39
Can i make Fixed Deposit jointly on me and my friend who is American Citizen by birth...if i choose survivor option...can he take the FD money on maturity ...are there any rules for Foreigners to claim the FD money....
Srinivas
04 January 2009 at 20:50
My grandfather had 6 children, he died in 1974. Four male children (including my father) shared the peoperty orally in 1974 itself, except my father all have sold their properties.
My father now wants to sell his share of property but his sister who is 80 yearold has filed a case for equal share. She was married in 1955 and has no husband she is having two children (one male and one female).
Whom would law favour if we file objections please answer ? My father or my aunt ?
Shilpa Rani
04 January 2009 at 15:50
Hi
I am raising a 6 yrs old girl from 4 yrs( adopted as my daughter not legally ).She is everything to me ..recently i got some money after selling my land inherited to me by my grandfather...i got DD from the buyer so i deposited that money into my saving bank account...my questions are:
1.can i fixed deposit that money jointly on my name and my daughter's name even she is not legally adopted daughter.
2.In future if she has to claim the FD money does she need to be major...or anyone on her behalf can get it..i mean her biological parents.
please give your inputs...
Shilpa Rani
04 January 2009 at 15:43
We are 3 siblings .Recently we sold our Grandfather property which has 4 shares and i took my share from that sold money.
I was paid my share by D.D.I deposited that money in my saving's bank account...
now my query is ...do i need to pay any tax like capital gain tax etc for the amount i got...the property sold is agricultural land in AP india ...if i have to pay tax ...what taxes are applicable in this case...Actually the money i got is Fixed Deposit on my daughter's name...if i Fixed Deposit the money i got from selling agricultural land...will i still need to pay tax...please advice
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