Maan
05 May 2019 at 16:24
Dear Experts ,
We ( Buyer A ) have purchased one plot from a person ( Seller Z ) , and ( Seller Z ) has also sold 3 more plots to ( Buyer B , C and D ) from same Khasra number.
Now there is a dispute regarding dimensions of plot with ( Buyer B ) that ( Buyer B ) has different dimensions in both registration and in mutation.
Buyer ( A ) have a problem , because Buyer ( B ) made an encroachment and now there is a civil suit is going on. Buyer ( B ) have different dimensions ( length and width of plot ) in both registration and mutation . In mutation dimensions are correct for buyer ( B ), but buyer ( B ) claiming encroachment space as correct because of registration.
My Question.
1. In legal terms which document supersede registration or mutation ? when both plots belongs to same khasra number ?
2. If Mutation , then is there any judgment reference ?
Best Regards
Maan
Anonymous
04 May 2019 at 23:01
My mother and me and my brother bought together one flat in chs mumbai 10 years back my mother expired 4 months back but she gifted her 1/3 share to me by registered gift deed now how should I approach society to transfer her share in my name i mean which chs form should I submit .
Kindly give guidance.
Thanking you
Anonymous
04 May 2019 at 17:02
We have a land given by mother by gift deed. we are three brothers. she divided one plot in three parts and make a gift deed. this land is in Goa. i stay in Baroda. want to know if i want to construct a house on this land (other 2 brothers already built a house in their area). can i apply for a loan in bank on this gift deed? any other option to apply for a loan to construct a house on this land?
my wife is having one flat in Baroda, can i mortgage this flat for a loan to construct house in Goa? Pl advise.
i also would like to know what is the procedure to make the gift deed legally.
thanx & Regards,
Anonymous
04 May 2019 at 10:42
I need copy of last three sale deeds of a land property in West Bengal but I don't have the deed numbers and the office of registration.I have the plot number and present owner name as found in land and revenue website.If I can get the deed numbers and the office where registered, it is possible to get the copies. I have queried into the nearest sub-registrar office. They told me to apply at concerned registrar's office along with with those information.
Experts please tell me that, from where I can get the information. What documents I have to ask from them? Can I ask for the documents through RTI or any better option is available? If last three deeds are not possible to find, at least help me to get the latest one.
The land is located in West Bengal.
Stephen
04 May 2019 at 09:25
Dear Respected Sir,
I have filed OS and criminal case against 6 of the defendants of a family. Wherein the 1st defendant is the father. The son to whom all sale deeds money transaction has occurred and now claims his father committed suicide, though he has not submitted death certificate on the OS side of hearing. While on Criminal side, police is still issuing summons and yet to trace all family members, however they appear to have submitted death certificate. Do such a thing possible (i.e defendant without being traced through summons and not appearing for hearing etc) irrespective can I get a certified copy of the death certificate from court. The reason I seek your help and guidance as my advocate is reluctant to answer any query and more so on criminal side he says he would not help / take up issues to address to closure.
Appreciate your kind response with details steps as what I need to do.
Regards
Stephen
Pooja
03 May 2019 at 23:50
We are total 5 siblings A B C D E and total land 25 katha.
Below mentioned sale agreement was done in spt 2018 on Rs20 stamp and has not been registered, between me D and brother E.
But in dec 2018 brother A & B sold more land than their legal share.
We, C D E lodged an FIR against A & B.
As senario has changed, I wanted to revoke/terminate the agreement, but E is forcing me to invoke it, by hook or crook. Thus sent me a notice, which I have pasted.
I WANT TO TERMINATE THIS AGREEMENT. PLEASE HELP.
------------------
Sale agreement
Vendor/ seller : D Vendee/buyer : E
Description of document : agreement for sale of land in favour of Vendee or his nominee in form of registered deed.
Validity period and details : there is no expiry date of this agreement. both parties will make their best efforts to conclude the sale within one year of signing this document. Furthermore, vendor has not signed sale or any other kind of agreement or given power of attorney to any other party as of the signing date and will not sign any sale or other kind of agreement or give power of attorney in future with respect to the land described below.
Price - total of Rs.xx will be paid before registration for entire legal share and that is 20% of vendor or seller of the land described below.
Details of land property - property is located.....
Total land area is xx acres.
Vendor is selling a legal share of 20% of vendor for amount of money mentioned above.
Description- that vendor is a need of money and so is selling all rights of a share of 20% to buyer. and agree for the following besides other points mentioned elsewhere in this sale agreement :
1.after proper measurements of the land and trenching of the boundaries of the land in consideration vendee will pay 10% of total amount and after completion of boundary wall another 40% will be paid.
2.The balance of 50% will be paid before signing of registration deed.
3.Terms and condition legally binding, final and will not be changed and vendor will give registration of a share of land that has not disputes with anyone.
4. The land, vendor is selling is free of any dispute or encumbrances.
5. legal heirs of the vendee will not raise any objection with regards to this sale and sale deed in future.
6. That vendee is free to use the land or sell it to anyone at any time at price determined by him.
7. Both vendor and vendee are signing the sale agreement out of their free will and without any pressure from any source. Signed today on 3-11-2018
------------------------------
GOT THIS LEGAL NOTICE from E
Dear Mrs D,
This is regarding your intention of not following terms and conditions of legally binding SALE AGREEMENT that was signed by you and myself on 03/11/2018.
The land in the agreement is as follows: Land is located in...
Total land area is xx acres/25 kathas.
In the agreement you promised to sell your entire share that is 20% that equals to xx decimals (xx Acres) or xx katthas for a fixed amount of money as mentioned in agreement either to myself or my nominee.
As mentioned in paragraph iii) on page 3 of the agreement, all the terms and conditions mentioned in the agreement are legally binding, final, and will not be changed either by myself or you.
On the basis of above agreement, I authorized land brokers to find buyers and they brought Mr Y as a buyer and he gave Cheque of Rs xx on your name and I gave that to you. However due to some problems the same amount of money was sent by Mr.Y by RTGS using his cheque no xxxxx, on 16/1/2019.
You have been dragging your feet since receiving the money and have not registered part of land to him according to terms and conditions mentioned in the SALE AGREEMENT signed by both of us.
I request you to fully honour all the terms and conditions of our agreement and register the land to my nominee Mr Y as soon as possible.
Also please do not try to sell any part of the land mentioned in our agreement directly to anyone as that will be breach of trust as well as criminal breach of our legally binding agreement and that will force me to take legal action(s) against you including initiating criminal case(s) and/or police case(s).
Also please do not try to take any government compensation if part of that land is/was acquired by the government as you promised to sell xx decimals (entire 20% of your share) of land. So any payment should be received by myself and it will be distributed to you according to terms and conditions and total payment that was promised by me.
Any breach of terms and conditions of the SALE AGREEMENT signed by both of us from your side will result in severe financial losses as well as defamations to me and therefore will force me to take strongest legal action possible including criminal court and/or police case(s) against you and any other persons involved in assisting you with criminal breach of trust, criminal breach of legally binding sale agreement as well as for my defamations.
Sincerely - E
Anonymous
03 May 2019 at 17:45
my father passed way five years back and has left a will where in the assets have been left to my mother . since my mother was aged and was not interested in getting the asset (house) transferred to her name we did not do anything .now our mother also expired and we are 4 siblings . can we still keep the house in my fathers name as it was and if yes how long?
if we want to get it transffered in all siblings name equally what is the procedure/ should we have to show the will or not ? if we show the will authorities may question why property was not transffered to my mother name.
Anonymous
03 May 2019 at 17:10
Hello Sir, We are staying in a house since 60 years which is on a pagdi system. Recently our landlord had expired and the legal heirs of the landlord have started to sign the rent receipt without following/competing a legal formality. Is legal heirs signature acceptable in this situation? Kindly help.
Anonymous
03 May 2019 at 13:42
Dear Sir,
This is with reference to my query that how can I transfer my property to my name after my husbands death . As he expired in 2006 and I have two daughters from him one is already married and has done RD on my name . The other one will turn to 18 yrs in this oct. I want the procedure to transfer property. Its a builder floor 100 sqm. We are the only legal heirs. It was his self owned property. I am paying house tax from last 14 years after his death a mutation was done on my name. Kindly guide. I am living in delhi .
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