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RamPrasad   05 January 2019 at 19:45

Mortgage on EC

Hi Sir.. I have a doubt on mortgage mentioned in Encumbrance certificate. Seller is not having NOC regarding to mortgage ,but EC is saying it has been released. In this case shall I go head or any issues in future ? Please suggest ..!

Anonymous   05 January 2019 at 13:33

Purchase of Tribal land

Hi,

I belongs to tribal community (ST), i am planning to buy land from adivasi familly in Dhanu. What document should i check before buy? What would be procedure to buye the land? Can i get land loan to buy the land?

Thank you.

Anonymous   05 January 2019 at 11:56

Fake property transaction documents

My grandfathers property was left behind without a "will" after my grandfather's death. This property is supposed to be divided among my father and his brothers with whom we dont have a great trust relationship. We eventually found a buyers who agreed to pay each of our individual shares separately. As per the agreement on paper - buyer agreed to pay 25 Lakhs each immediately and within a span of 6 months - pay the remaining share of each person. As per agreement, if the buyers failed to pay the amount within 6 months - the sale agreements remains nullified - which means my father and his brothers can sell the property to anybody else and will not be returning any money back to the buyers, which he paid us as the first installment. As per the Sale agreement - incase the buyer failed to pay us the entire agreed amount within 6 months and is still interested in buying the property - he will have to pay us all the interest on the remaining 2nd installment for the delayed duration which will be a huge amount.The buyer failed to pay us the entire remaining Sale Amount within six months.

In between the end first year and the 3rd year the buyer pestered us to returned back the 25 lakhs he paid each of us+ the interest incurred for the time till date - since he did not want to buy the property any more. We denied to pay him back any penny as per our agreement. His actual intensions are absolutely to buy the property, however he is playing around and trying to delay the payment time, while we are incurring huge loss on the interest. So the buyer failed a case on my father that we(only my father not his brothers) have received the entire remaining amount of our share. The buyer filed the case on my father and not on my uncles since, it was easy for the buyer to forge my father's signature & create fake documents. We received a court notice stating the same.

What I would like know?
1. What should we be doing next? - should we also a file a case on the buyer for filing a fake case or no act on the court notice?
2. What happens if we do not act on the court notice?
3. I also heard that people file these fake cases - just so that buyer can keep delaying the buying process and eventually buy it at the same agreed price?
4. Incase we file a case on him in response to the court notice- what will we be asked in the court? Settlement outside the court does not seem a possibility since he wants us to repay the 25 lakhs each of us paid + the interest on that amount for these many years.
5. I am thinking though he has filed a case stating that my father has received the full and final settlement - I am thinking the court will certainly ask on how was the transaction done. I think a transaction worth lakhs can only be done in cheque? We do have a bounced cheque from the buyer.
6. My father is not in great health at the moment. Between all this issues it is possible and safe for me or my mother to take the power of attorney? Will there be any question around this in the court?
7. My uncles are considering hiring two lawyers - one criminal lawyer to handle the fake case on my father having accepted the remaining balance amount of our share, and another lawyers to file case on the buyer - since he has not paid the remaining 2 installment to any of us. Does this sound reasonable?

I am really hoping to hear reviews/ opinions/ suggestions from experts here. Thank you much for your time.

Anonymous   05 January 2019 at 02:08

Personal guarantee

I have given personal guarantee for a loan Taken by my cousin.For this loan he has given a few of his properties as collateral and I also have given a property as collateral.My question is am I free to deal with my other properties which are not secured to the bank?If yes then till when can I deal with those properties?Can I gift or sell those properties if the account becomes NPA also without attracting the provisions of fraudulent conveyance?

Gurmit Chadda   04 January 2019 at 16:11

Home loan (NPA)

I need help for proceeding of OTS of my home loan taken from LIC housing finance. Please guide me as how can I go about it legally.

Anonymous   04 January 2019 at 13:02

Transfer of property

Sir,
I want to purchase one property from the 1st allotee.But issue is this property allotted by Bhubaneswar Development Authority,Which restricts the transfer only after 5 years of taking possession.
1st allottee has taken possession in May 2018,so how can we do the transfer currently ,the 1st allottee also needs money for his medical treatment so want to sell the property.
So what is the process to be followed in order to purchase the property in a legal way.

vishal   03 January 2019 at 17:39

property transfer in case of inter caste marriage

My client who is OBC caste candidate married to ST caste female in 1972.
And their children have OBC caste certificate.
Now agricultural land in jaipur purchased in the name of ST caste mother from ST caste person.
Now Children of the inter caste couple whose have OBC caste certificate as per father caste, want to transfer said agricultural land to themselves.
As these children are the class legal heirs of parents property.
Kindly suggest how said agricultural land transfer to OBC caste children from ST caste mother

Roshan   03 January 2019 at 12:34

Post dated cheques and valuation

My father wants to sell a property in Nashik, MH. The builder is offering a price that is 20% less than the ready reckoner rate. My question is will he have to pay Long term capital gains tax on the ready reckoner price or the consideration received.

The builder also insists on getting the registration and sale deed done and pay 50% of the consideration right away and the remaining 50% within 12 months time. In this case, what precautions should be taken to ensure he fulfils the payment. Should post dated cheques be issued, bank name be mentioned. Any other formalities to ensure a smooth transaction

Thanks in advance.

Ganesh   03 January 2019 at 01:27

Public interest litigation

What is the procedure that is to be followed for filing a PIL in case a civil servant i.e MRO , RDO , Joint Collector are not discharging their duties properly or say turning a blind eye even when some one is trying to encroach the govt land and the same we have brought to his notice and does the hearing takes place in high court and does it moves in fast track court.
As mentioned here are the full facts:
My neigbour trying to encroach govt land adjacent to our land i.e nearly 15.0 acres. All these years he is managing revenue officials. Also encroached upon nearly 15.0 acreas assigned land of other benficiaries.Passage to my land is through that govt land only. He has blocked the passage and blackmailing me to sell my land at throw away prices.Compalined to mro ,rdo and collector. mro is managed by him. Upon insistence of rdo mro confucted an enquiry and reported only 10% of the facts.Now mro and rdo and collector all transfered . So want to pursue the case from the beginning again but dont want to take chances again. Want a fair enquiry under the supervision of the court. Since my personal matter is also involved sarpanch is ready to file PIL.Thats why requested for guidance from learned group members.

Vasanthraj   02 January 2019 at 20:07

Plot boundary interchanged in sale deed

Hello Lawyers,

Just a background information for the query: I bought an unapproved (Panchayat approved land) plot from a newly formed layout in 2014 in chennai, tamilnadu. Subsequently, I got the DTCP approval and got patta in my name with survey number subdivided, specific to my property. All was well until I tried to sell my property. I noticed that the plot boundary on the east and west side in the sale deed in interchanged (under schedule of the property section of deed).

As per sale deed the road is on the EAST side of plot and west side there is another plot in the layout,

where as ACTUALLY as per the layout plan (which is part of the sale deed), the road is on the WEST side of the plot.

Rest of all the details are accurate including the plot dimensions, other details etc. The typist has inadvertantly interchanged east boundary with west boundary and I failed to notice it for past four years.

Now my situation is:

1. The original layout promoter who was holding the POA for the layout and who signed my sale deed is not traceable, and his POA was also cancelled subsequently two years back by land owners ( I found it via EC for remaining unsold plots in the layout).

2. The remaining un sold plots are now in one of the owners name as POA. However, they are saying they cannot do anything as the sale deed was executed by the promoter and not by them. Also if insisted they are saying they can sign rectification deed for a hefty fee if I agree. But I dont think that will be valid in the absence of original signer of my sale deed.

My question is:

1. Can I sign a declaration in Rs 100 stamp paper stating the correct info and get it registered with my signature alone, as the previous POA signer is not traceable?

2. OR, Can I sell the land as it is and then, as a previous owner, I can sign a rectification deed for my buyer?

3. OR, Register a gift deed to my wife with correct details, and then sell the land with gift deed as parent document?

If rectification deed is the only way, how much stamp duty should be paid and how to register it in the absence of previous POA seller?

Please suggest the best and cost effective way forward, considering tamilnadu registration act formalities.

Regards,

Vasanthraj