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Vijay Kumar   23 February 2017 at 10:59

Benami property

Sir My question is regarding Benami Property as like :

Original Allottees Say Mr. A and Mrs. A has been allotted a DDA Plot by DDA on leasehold basis. Mr. A and Mrs A sold out a his DDA plot to a financier Mr. B for an amount of Rs.30 Lakhs on lease hold basis by executing agreement of sale in 2015 in the favor of Mr. B. No sale deed was made and registered between Mr. A and Mrs A and Mr.B before 8th November 2016 to avoid the stamp duty. There is no clarity on Payment mode between Mr. B and Mr. A and Mrs. A and No idea about registered Power of attorney between Mr.A and Mrs.A and Mr.B.

Later on, in Sep 2016, Mr B (first party) made an agreement of sale of same property by mentioning "forself and on behalf of Mr A and Mrs A" to sell this property with freehold right to Mr.C (second party) for sale amount of Rs.44 Lakhs (Rs.10 lakhs as earnest money and Rs.34 as balance money to be paid at the time of registration of sale deed). Mr. C paid earnest money to Mr. B by cheque at the time of execution of agreement of sale between Mr. B and Mr.C. One thing has been mentioned in agreement is that First party shall execute the deed.

Now Mr A and Mrs A (Original Allottees) applied to DDA for freehold the property after date of agreement of sale between Mr. B and Mr.C. Mr. A and Mrs. A got conveyance deed of a house at same plot in his name i.e. Mr.A and Mrs. B in November, 2016. Now there is no construction. Only vacant plot is there. No electricity, water connection is there. No body is living there.

Mr. C had applied for bank loan to pay out balance amount of Rs.34 Lakh. That amount to be paid out to in the favour of Mr. A and Mrs A. Mr. B said he will return the Rs. 10 lakhs to Mr. C and then Mr. C will pay the amount to Mr.A and Mrs A to show as margin money for the purpose of bank loan. Now Sale deed will be made between Mr. A and Mrs A and Mr. C and same will be got registered by Mr. C.
My questions are that:
1 Whether these transaction come under purview of the Benami Transactions (Prohibition) Amendment Act, 2016.
2. Who will be the culprit?
3. There are any legal remedy available in view of Policy of Demonetisation by Central Government on 8th November, 2016.
4. Whether Mr A and Mrs A are transferring same property twice i.e. firstly from Mr. A and Mrs A to Mr. B and secondly Mr. A to Mr. C.
5. What will happen about deal made between Mr. B and Mr. C?
6. Can Mr A and Mrs A are benamidar as per Benami Transactions (Prohibition) Amendment Act, 2016. if so, Can both transfer the same property to Mr C.
What are the legal remedies to Mr A & Mrs A; Mr B and Mr C .

aarthi   23 February 2017 at 07:21

Landlord harsement

i am from thanjavur district was residing in rented house where in we as a tenant made an agreement for address proof purpose now its since three months over we have vacated the house the land lord refuses us to pay the rent advance. what we can do to this kind of issues.....

sampat mane   22 February 2017 at 19:16

Partition case pending since year 2001 - what is remedy

IMy dad had filed a Civil Case in year 2001. After 5 years this case was decided ex-party but this was stayed and still this is going on. The case was earlier at Satara Distric cout now it is in VAduj Court. taking almost 3-5 years to transfer and run again.

Its is case of HUF property being unsurped by the opposite party by way of Will (The Party was elder brother of my father and all property (both Ancestor and self owned - with help of my father) was registered in Uncles name.

I have tried 2 difference advocates to induce them and get this settled as early as possible but this is not happneing.

Do we have any remedy on this to run this case?

SATINDER   22 February 2017 at 16:40

Query regarding rent/ lease act in noida u.p

Dear Concerned

Seek information with respect to Lease / Rent Act of Noida, UP

My Brother owns a Flat in Sec 76 Noida, He has shifted to Australia in Dec 2016. His Flat was on rent and has got vacated recently.
Can I enter into Fresh Lease/Rent agreement with a Party on his behalf ?

If yes, Kindly let me know how this agreement needs to be written?

If yes, Would it be legally valid in case of any future dispute with tenant?

Regards
S Kapoor

lakkesh   22 February 2017 at 15:11

To get injunction order for agricultural land

I LAKKESH FROM TAMIL NADU AND I REQUESTING TO PROVIDE DETAILS TO GET INJUNCTION ORDER TO MY AGRICULTURAL LAND, I DON'T WANT TO KEEP ADVOCATE IN MY CASE, I WANT TO ARGUE MY OWN CASE IN THE COURT, BECAUSE I LOST FAITH IN ADVOCATE, PREVIOUS LAWYER JOINED HANDS WITH OPPOSITE PARTY- AND THE CASE WAS DISMISSED IN MUNISIF COURT AND
NOW I WANT TO ARGUE MY OWN CASE I AM THE POSSISION HOLDER, I HAVE SALE DEED, E.C, ELECTRICITY CONECTION, MOTHER DEED, AND THIS IS ANSISTERAL PROPERTY WE ARE IN POSITION FROM MORE THE 28 YEARS NOW SOME PERSONS CREATING PROBLEMS TO ME THEY WAS GIVING HUGE BRIBES TO GOVERNMENT DEPARTMENTS AND CHANGING RECORDES AND SO MANY TIMES I CATCHED THROUGH RTI CASES. AND ALSO THEY NOT HAVE SINGLE DOCUMENT IN THEIR NAMES THEY ONLY HARASSING ME AND THREATENING .
AND HIGHER GOVERNMENTAL OFFICIALS BOOK THE CASES IN PAPERS ONLY BUT NOT IN REALTY.
SO, I PETITIONER NEED TO FILE THE CASE IN PARTY AND PERSON, IN THE DISTRICT COURT, TIRUVALLUR DISTRICT TAMIL NADU.

SO, NOW WHAT SECTION AND RULES, I CAN GET INJUNCTION ORDER AND HOW CAN I PAY COURT FEES. AND HOW MUCH VALUE OF STAMP I SHOULD AFFIX IN THE PETITION

sudhakar   21 February 2017 at 20:42

Absolute saledeed holds rights or unregistered agreement hol

Dear Sir
In the month of June 2016 I have purchased a flat and got registered same. I was in position since that and got my Khatha transfered ,paid online tax update.
Last week the property ( flat ) owner passed away,,, after two days few strange persons came and questioned about my flat details.
After checking EC , in which my name is reflecting .
Now they claim ,,,they have filed case in court as they have agreement (unregistered)from the person who sold to me ( passed away recently).
My question is wen I bought this flat I checked all legal documents and EC ,taken legal opinion and bank loan. Now they claim there was financial transaction in between the person who sold the flat to me, and he has given agreement that flat are belong to them.
Kindly suggest me how to proceed . I have paid full stamp duty and full consideration has paid through bank, got sale deed , Khatha .


Kindly suggest

RAVINDRA EKNATH MISAL   21 February 2017 at 12:14

New undivided condition on 7/12 extract

Dear All,

If there is New undivided condition ( Navin Avibhajya Shart) Bhog Varg - 2 .

Then how much Nazrana would like to pay ??
Also whether it is on Govt stamp valuation or it is on akarani Patine ??

Kindly guide on it.
Thanks.

Rudolf Mondal   20 February 2017 at 20:16

Can a builder deny NOC Letter for a balance transfer?

So here is the over view. I had purchased a flat in the year 2013. The builder received the entire amount as of last year however there were delays in making the payments for a few days not greater than 30 days. The builder received the service tax and vat amount at a much later stage however he now denies my the possession of my flat stating that i still need to pay him the late payment interest charges. The builder has not given me a break up and now when i wanted to get a balance transfer done to transfer my loan to a diff bank he has denied it and is not receivingmy calls too. Is this legal and can i sue the builder as he has denied me the receipts of the last payment that i made towards sales tax and vat?

RAVINDRA SINGH   20 February 2017 at 15:55

Ownership of flat

My father was the owner of a flat in a co operative housing society in Mumbai.
My father had submitted an application for transfer of flat in my name.
My father died before the flat was transfered in my name.a
A
After his death the flat was transfered in the name of my mother by the society, disregarding the application for transfer of flat in my name which was signed nd submitted before the death of my father.
Later, my mother transfered the flat in my name 15 years ago by a registered deed
Since that time i am lIving in this flat. All documents aqqnd share certificates are in my name.
Can my brothers and sisters demand a share in the flat now?

Mayur Lodaya   20 February 2017 at 14:38

Redevelopment of tenanted property

Sir I am tenant of building in Mulund west 2) Building has 2(two) landlords. 3) One landlord has ownership share of 80%. 4) Other one has acquired balance 20% share in building but has not informed the tenants about the same in writing. Also his name might not have been added in BMC records. 5) Now more thatn 70% of tenants of the building have decided to go for redevelopment of our building without involving the landlord who owns 80% share in the bldg. 6) Also there is another bldg on the same plot as our building which is regd. society. My queries are:- 1) Can 70 % tenants decide & go ahead for redevelopment of the this building without involving landlord having 80% share in building? 2) Can there be redevelopment of one building out of two buildings standing on the same plot: 3) Can new (20%) landlord who do not have his name in BMC records support & takeover as developer of our building without his name in MNC records. 7) what are the legal steps i can initiate against this 70% majority members to stop this redevelopment? Thanks Mayur Lodaya 09323374330

Read more at: http://www.lawyersclubindia.com/forum/Redevelopment-law-for-tenanted-properties--147181.asp