Sandeep
07 September 2018 at 10:57
Hi Sir,
One of my friend purchased a residential property in Noida in July 2013 through a registered sale deed in the name of his pvt ltd co (ABC Pvt Ltd). The same property was sold by a Pvt Ltd co (XYZ Pvt Ltd) to an individual in Jan 2011 through registered GPA/Agreement to Sell.
In Jul 2013 XYZ Pvt Ltd sold the property to my friends co ABC Pvt Ltd though its GPA holder.
My query is if the Sale of this property to my friends co (ABC Pvt Ltd) will be considered as invalid as it was executed by a GPA holder. But the GPA was executed in Jan 2011 while the verdict came in Oct 2011 so the transaction will be considered as valid?
The said property is already mortgaged with Bank A (availed in 2016) for some loan and now he wants to balance transfer the loan to Bank B , but Bank B has raised the query about the validity of the transaction happened through GPA in Jan 2011.
Request your expert advice on the same.
Thanks,
Sandeep..
ast
07 September 2018 at 00:50
Sir I am resident of Maharashtra in kokan area. After the death of my grand father my father applied for transfer of grandfathers property in his name (under process). My grandfather had an agricultural land more than 1 acre and a farmer certificate. After the completion of name transfer procedure, my father will be the owner of the grandfather,s property. My Father interested to buy a piece of agricultural land of 10 gunta from the plot of 33 gunta. Someone suggested that it is not possible to buy piece of 10 gunta from the plot of 33 gunta land separately. As there will be only one 7/12 for 33 gunta land, so part land sell is not possible. Please suggest.
Thanking you
Naveen Kanth Dasari
06 September 2018 at 21:17
Hello Experts,
I have a query regarding Sale of a Property and Let us assume the parties as XYZ.
A father (lets assume him as X) filed a suit for injunction on his son (lets assume him as Y) pertaining to a property stating that he has purchased the property with his earnings on his son Y's name (but he does not have any proofs of earnings) , however the son Y says that he was a bike mechanic since a very young age and whatever he used to earn he use to give his father and with his income the said property was purchased. Meanwhile before father X filing a suit for injunction against his own son Y, the son Y gifted the said property to his son Z which father X does not have knowledge about as such Z was not made a party in the Injunction Suit however father obtained a Status Quo order against Y in the Suit. Now as the matter is pending in the court Z wants to sell the property as he has some debts to clear.
1. Now my question is can Z sell the property as he is the owner & possessor of the said property and moreover he is not a party to the suit.
2. And as far as I am concerned the suit filed by X against Y is not maintainable as their is a Mis-joinder of parties.
3. And what consequence Z will face if he sells the property will he be booked under contempt of court.
Plz suggest.
Thank You.
C.A Alok Mukherjee
06 September 2018 at 17:26
Dear Sir,
Can anyone sell 8 kottah barga land in the rural west Bengal. Bargadar is interested to relinquish the right on recept of 1/4 th consideration.
poonam100
05 September 2018 at 18:02
Sir,
land dealer paise le kar zamin nahi de raha hai .
kya kare?
Anonymous
05 September 2018 at 13:56
Dear Sir,
Need a guidance and advice.
We have an ancestral house which we are now trying to sell in Kolkata.
There are total of 5 joint owners.
4 of the owners do not stay in this house.
The 5th owner who is also the eldest person has been staying at this house right from the very beginning.
The oldest owner is still staying in that house. One part of the house was on rent over 20 years ago. We are told that the oldest owner had an erstwhile tenant with whom there was a normal court case/eviction case going on about 20 years ago. But 20 years ago, the tenant received a lumpsum payment from this oldest owner and vacated that flat. At the time of vacating the flat, the tenant issued a letter to this owner (letter addressed as the oldest owner & Others), saying that he is vacating the flat and all cases against the tenant will be withdrawn. Also, in that letter, the tenant has mentioned a condition that the house is being vacated as the owner will be using for his self purpose and also that in case the house is ever sold or put on rent, then the tenant would get an equal share of the same.
This was 20 years ago and the eldest owner had signed this letter as accepted during the handover of the flat. The letter was just on a normal white paper.
Now today at the time of selling this house, the oldest owner is now showing this 20 year old letter to the other owners and saying that the other owners must give an undertaking that in case this erstwhile tenant creates any case against that oldest owner who had signed that letter as accepted, the other owners would also be jointly willing to accept.
Now the question is that none of the other owners were aware of such a letter – nor did the other owners ever give any POA to this oldest owner.
If the oldest owner has accepted such a letter, he did that on his own.
Problem is now the oldest owner says that in case other owners do not give such a letter/undertaking he will not sign on the sale deed.
So the legal question is whether such a letter ( dated 20 years back) will be valid in the court of law and if the other owners does give such an undertaking , will be any major risk to the other owners.
As the oldest owner insists on such an undertaking, need the advice.
Anonymous
04 September 2018 at 22:44
My father is a Tenant for the past 52yrs and it is Pagadi system, is there any legal instrument which I can prepare and keep, as I beign the son could prepare and keep, by way of which I am saved of any litigation in future with the landlords. Especially when they are hostile. I am staying with my parents and is not married.
Vijaya Bhaskar
04 September 2018 at 20:48
Dear Learned Experts
We are a charitable trust working for the empowerment of persons with disabilities. We provide vocational training to persons with disabilities and various services. After training, we find it very difficult for job placement for the trainees.
However, a Pvt Ltd company, Garment Industry, came forward to provide job opportunities to the persons with disabilities subject to giving our premises for their garment industry.
Since there is a scope for employment, the trust is willing to give the trust premises for the garment industry which is permitted under our bylaws too.
The company is willing to pay the rent
Please guide us whether
1. Should we execute an 11 months lease agreement or 11 months rent agreement?
2. Can lease agreement be less than 11 months?
3. What are the risks involved by letting this property to the Pvt Ltd
4. What is the maximum rent we can charge under Law
Please suggest.
Anonymous
04 September 2018 at 10:57
Right now my father name is in my land is different from all them documents so i will change name of him in jamin dastawej so how i change him name in jamin dastawej like that now him name in all documents pan card aadhar card birth certificate is dinesh patel nd only in jamin dastawej name is dilip so i change him name into dinesh so all place him name is equal.so how i chane i coming from gujarat .
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The plot purchased in 1996 now declared under FTL by hmda
We have purchased plot with installment in a grampunchayat layout. We have paid the installments since 1996 and got registered by 2003. Now the irrigation Dept and hmda is saying that it is under FTL. We are not able to sell the property but it was bought with hard earned money by poor people like us. We have requested the the revenue Dept to conclude on presence of any govt land in that survey no or adjusent survey no. The revenue department has did the survey and confirmed that there is no govt, shikkam land there. How to get the FTL demarkation from our site. We have requested irrigation Dept several times to take action as per revenue Dept recommendation. Requested hmda also. But things are not moving. PL suggest how to deal with the current situation to remove FTL from our plot.