Gaurav
30 July 2017 at 10:34
Property was purchased in the name of firm with the name of proprietor and his pan no. Later the constitution of the firm changed to society.Who is the owner of the property Individual or the society?
manish singh
30 July 2017 at 00:42
What is the evidenciary value of Revisional Survey ( 1965 - 1983 ) recordings In Record of Rights prepared under BT Act 1885 applicable in Bihar which was Published & Finalised in 1983 regarding possession of Property if it was never challenged under the provisions of BT Act by any one during of after its various stages of preparation . Are there any Case Laws on it.
Rajesh Kumar Agrawal
29 July 2017 at 18:55
1) A Land is purchased and registered with the Registrar of Assurances in the name of A,B and C, in 2007.
2) The above Land was transferred in the name of a Company XYZ Pvt Ltd.,in which all A, B and C are the Directors, in FY 2009-2010
3) The Company issued Equity Shares to the Directors A, B and C in FY 2009-2010 on account of sale consideration of the Land. The Land was not registered with the Registrar of Assurances, at that time in favour of the Company XYZ Pvt. Ltd., but Land was reflected in the books of Accounts of the Company as its Assets, in EY 2009-10.
4) In FY 2010-2011, the Company erected a factory building on the above Land.
5) Land and Building, both are now reflected in the Books Of Accounts of XYZ Pvt Ltd., since FY 2010-2011.
6) The Company is not running well , and the Directors have also given loan to the Company, in addition to the Capital Invested. Now the the Directors want to close the sick Co.
7) Now, Can the Company give back the land , by sale or transfer the land, so that the loan of the Directors are paid off. The Company cannot get the sale deed registered with the registrar of Assurances as already, the records of registrar of assurances and land revenue records , show A, B and C as the owners of the Land, (as the land was registered in their name with Registrar of Assurances, in EY 2007-08, at the time of purchase, and the land was not registered with the registrar in 2009-10, when the sale was executed through allotment of equity shares of the Company).
ayush
29 July 2017 at 15:53
My father took care of a woman in her old ages for 10 years till her death . Humbled by the care that my dad took of her She that of her son , she willed her entire zamindari Property equally to her son and my father in the year 2000. A year after in 2001 she died. Some 5 years after her Son died of mental illness. My dad took to local TEHSIL n the year 2012 to get the property transferred to his name. But just then ,the Woman's daughter objected the transfer ( or someone unknown on her behalf did that fakely) despite the fact that her mother named nothing to her daughter who appeared all of a sudden . 2 years of hearing at local TEHSIL , the Lekhpal filed his report in our favor as no one appeared from the opposition party even for a single hearing. Also we produced all proofs (latest will) , witnesses and thus it appeared an open shut case to us. Though all these positive developments the TEHSILDAAR , said it was out of his authority to transfer the property under my dad's name . So he transferred it to SDM office. The SDM conducted his own inquiry and factfindings . Still no one appeared from the opposition party , hence The Government lawyer filed his report in my Dad's favor. Now besides all these developments the SDM is reluctant to transfer the property in my father's name . Every day my father who is sick health wise and exhausted mentally goes to the SDM office who simply assures my dad that he will do it but does nothing. Asks my father to come next day and when he visits the office most of the times SDM was absent or gives the false assurance. My dad spent all his savings on the case . Paying the lawyers who now seems knew nothing and were just fooling my dad. SDM . We aren't well off economically and most of our money is spent on mine and other 3 of my sibling's education. We clearly have a hint that the SDM expects a huge bribe from us, but we cant do that. So how can we get this thing done. 2.) How strong is our case? 3.) Does Zamindari Abolishment has anything to do with it and can that prevent us from getting our work done. 3.) What can we do if SDM is not doing what he is supposed to do in this case. Hope , someone would help us out with his knowledge.
Thank You.
Rajesh Kumar Agrawal
29 July 2017 at 14:19
1) A Land is purchased and registered with the Registrar of Assurances in the name of A,B and C, in 2007.
2) The above Land was transferred in the name of a Company XYZ Pvt Ltd.,in which all A, B and C are the Directors, in FY 2009-2010
3) The Company issued Equity Shares to the Directors A, B and C in FY 2009-2010 on account of sale consideration of the Land. The Land was not registered with the Registrar of Assurances in the name of the Company at that time .
4) In FY 2010-2011, the Company erected a factory building on the above Land.
5) Land and Building, both are now reflected in the Books Of Accounts of XYZ Pvt Ltd., since FY 2010-2011.
6) Now, Can the Directors, (A, B and C) of the Company i.e., who happen to be the owners of the Land in the record of registrar of Assurances and state land revenue records, (as the land was registered in their name with Registrar of Assurances) NOMINATE the Company XYZ Pvt Ltd. to sell the land.
7) Building will be sold by the Company.
The obvious answer would be to pass a resolution and get the land registered in the name of the Company, but if this is done then in order to sell the land and building to a third party say P , these will have to be registered again by the Company (XYZ & Co Pvt Ltd), thereby incurring
-the cost of stamp duty and registration once for registering the land in the name of the Company, by the Directors
and again
- The cost of registration and stamp duty of land together with building when it is being registered by the Company for sale to a third party (P).
So, the Question IS HOW THE INCIDENCE OF COST OF REGISTRATION CHARGES AND STAMP DUTY BEING INCURRED TWICE FOR THE SAME PROPERTY BE AVOIDED AND COULD BE INCURRED ONLY ONCE . CAN THE DIRECTORS (A,B & C) NOMINATE THE COMPANY TO SELL THE LAND AND THE SALE DEED BE PREPARED ACCORDINGLY.
Your answer is eagerly awaited.
Thanks and regards
Rajesh Kumar Agarawal
Brigu Kumar
29 July 2017 at 12:06
High Court has granted Probate for the Will of a property but Partition Suit is pending in City Civil Court for same property. Is it possible to have Right, Title and Interest in the said property at this stage? If not, what should be done? What is required to have name of Beneficiary included in the Title of the property and within how much time?
Anonymous
29 July 2017 at 08:53
A grandfather wrote a gift deed (unconditional) for a self acquired property favouring his granddaughter when she was a minor. The gift deed was duly registered.The grandfather is not now alive. There is perfect understanding in the family and the granddaughter( now married) is willing to get the gift deed cancelled.As the donor is now not alive, can the donee and the legal heirs of the deceased grandfather cancel the gift deed through a properly drafted cancellation deed and get it registered? The family would prefer this mode of cancellation rather than the granddaughter gifting it back to the legal heirs of the deceased, in this case father,grandmother and aunt.
Dhaval R
29 July 2017 at 08:51
Our building is in 12.5% gaothan scheme in Seawoods, Navi Mumbai. 50% of flats are owned by the land owner. Builder is ready to cooperate but he won't pay any charges. Labd owner is not cooperating at all. We are applying for Society formation without the Land owner.
Now, after Society is formed how can we go for Triparty agreement if the Land owner is not cooperating? If we decide to pay all the charges, then what would be the cost?
Unknown
28 July 2017 at 11:30
OUR FAMILY DISPUTE SETTLED THROUGH NOTARISED SETTLEMENT DEED SO IT HAS NO VALUE IN COURT OF LAW BECAUSE OF NOTARY REGISTERED.
OUR LANDLORD SAYING IT MUST BE REGISTERED , NOTARIAL DEED HAS NO VALUE.
KINDLY ADVICE ME DIFFERENCE OF NOTARY AND REGISTRATION AND ITS VALUES IN COURT OF LAW.
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Regarding transfer of zamindari property
Under what conditions Zamindari property cannot be transferred even if i have the latest registered will , Khewat in my name.