Md. Younus
02 August 2016 at 18:57
Hi,
My query is as under:
Mr. X brother of y (bride) had arrange a marriage of y & z. Up on request of Z, X get release mortgaged house of Z for Rs.3.25 lakhs in the year June 2010. In a good faith X has not taken any signature of either Z or his father.
Property is in the name of Z's father's who expired in 2014.
X has paid the amount to mortgagee and took the mortgage deed from him, which he mark cancel on the face of agreement and wrote as amount received from Mr. X and signed by the mortgagee along with date, which is prepared on Rs.100/- nonjudicial stamp paper. Also X took the original, registered Sale Deed from the mortgagee.
After this the relationship between Y & Z got diturbed and Y filed DVC which has been dismissed. In this judgement it is mentioned that the amount paid to release the mortgaged property cannot be taken as dowry since it has been paid before three months of the commencement of marriage.
She filed an appeal, this also got dismissed in 2015.
Meanwhile Mr. Z divorced X in Dec. 2012.
Till date nothing has been done to recover the amount of Rs.3.25 lakhs.
The original registered sale deed is with Mr. X which has been taken from mortgagee at the time of paying money.
QTN. How can Mr. X proceed to recover the amount now. Kindly guide in detail.
Thanks
Hemanth endapally
02 August 2016 at 14:35
Our neighbors harrasing us to sell our property. We started repairing of our property. Neighbor intensionally complained to Municipal authorities about minor deviations. Municipal authorities want us to settle issue with Neighbours. We constructing our own place without any encrochments. Please suggest me on this
Azeem
02 August 2016 at 12:13
Dear sir,
I have bought a factory land in UP which was converted u/s 143 of UP Zamindari abolition and Land Reforms act by the previous to previous owner. The previous owner had only done the sale deed and no mutation when I had bought from him. Now I am planning to get the mutation done. As per online records, Bhulekh, the land is still being shown in the name of the previous to previous owner. Would you please let me know the following:
1. Once the land has been converted u/s 143 as Industrial land, is it still necessary for me to get its mutation done?
2. After mutation, will I be able to see my name in Bhulekh records or does it show only agricultural lands?
3. After being declared as an Industrial land, now whose jurisdiction will the land come into? Municipality or some other body?
4. A person told me that the previous owner had paid less stamp duty. He paid it as per the Bigha calculation but since it was 143 converted, it should have been as per yards calculation. Is it true? Now am I liable to pay the extra stamp duty along with the fine?
5. Will a new sale deed need to be executed to pay the additional stamp duty and only then the mutation will be possible?
6. A person has also told me that mutation is not needed now since the land is no more an agricultural land. Is it true?
I feel uncomfortable to ask so many questions but the answers from a trustworthy member like the experts in this group will really clear up a lot of my doubts.
Thanks in advance.
Azeem
Rampur (UP).
Azeem
02 August 2016 at 12:02
Dear sir,
I have bought a factory land in UP which was converted u/s 143 of UP Zamindari abolition and Land Reforms act by the previous to previous owner. The previous owner had only done the sale deed and no mutation when I had bought from him. Now I am planning to get the mutation done. As per online records, Bhulekh, the land is still being shown in the name of the previous to previous owner. Would you please let me know the following:
1. Once the land has been converted u/s 143 as Industrial land, is it still necessary for me to get its mutation done?
2. After mutation, will I be able to see my name in Bhulekh records or does it show only agricultural lands?
3. After being declared as an Industrial land, now whose jurisdiction will the land come into? Municipality or some other body?
4. A person told me that the previous owner had paid less stamp duty. He paid it as per the Bigha calculation but since it was 143 converted, it should have been as per yards calculation. Is it true? Now am I liable to pay the extra stamp duty along with the fine?
5. Will a new sale deed need to be executed to pay the additional stamp duty and only then the mutation will be possible?
6. A person has also told me that mutation is not needed now since the land is no more an agricultural land. Is it true?
I feel uncomfortable to ask so many questions but the answers from a trustworthy member like the experts in this group will really clear up a lot of my doubts.
Thanks in advance.
Azeem
Rampur (UP).
Anonymous
02 August 2016 at 08:50
Dear sir Mujhe apse kisi relative ki property k bare me jaankari leni hai. Mere relative k papa ji ka makaan hai jo ki unki wife k naam pe hai. But relative k papa or mummy ki death ho chuki hai. Relative ki 2 sisters hain. Dono married hain. Relative k 2 bachche hain. One girl 16 years and one boy 15 years. Relative ka unki wife se talaak ho gya hai. 1. Mai janna chahti hun kya unki sisters us makaan me hissedar hain. Vo relative dead dronker hai. 2.Un bachcho k pass sirf vo makaan hai. Kya un bachcho ki bua us makaan ko sale kr sakti hain. 3. Un bachcho ka koi hissa milega agr makaan sale hota hai to. 4. Agr sale hota hai to uske kitne hisse honge. 5. Kya vo bachche kisi tarha se us property ko sale hone se rok sakte hain. Plz mujhe in questions k jwaab dijiye. Thank you Ruchika
Aj Mann
01 August 2016 at 16:34
My grandfather has some agricultural land in Punjab. I am the sole-named person in his will. We all live in England. My grandfather is unwell and cannot give a power of attorney due to mental incapacity. I will be applying for a Court of Protection in England so that I can manage his affairs. If I get this notarised, can it be registered and used in India for selling his land?
kamal
01 August 2016 at 10:28
Mere on a statement of a person in court who wittneseth the sale during registration of sale deed, Can it be proved by his statement alone in court that a property has been sold, without giving documents. Since i dont have papers
Yogesh umrao
30 July 2016 at 16:13
Dear panel of experts, I was registered a land as residendial land at kanpur two years back. Actually it was not a residential property at the time of registration. However it has been now registered under property act 143. My queries are :
1. Do Mutation of the residential property (143) possible?
2. Is there any lapse of legal aspect in my ownership? How my name will appear in revenue records as the mutation is not done.
Plz help and resolve.
Thanks
Daksh Goyal
30 July 2016 at 10:47
Hi
I have purchased a flat in a residential complex in zirakpur. I bought this flat in Feb 2012 which was under construction . Flat was partially financed by DHFL. I am paying regular instalments to the bank. Builder offered possession in July 2013 (although flat /project was not completed) with taking any completion certificate. I took possesion in Feb 2014
Recently PNB bank has pasted a notice on
main gate of the society that builder has to pay approx 29 crores and have taken symbolic possession of the property
As per notice builder has to pay rs 29 crore wef 01.07.2015
Our flat has not yet registered
Please advise how is this going to effect our rights and what are the actions we shall take .
We have paid in full to builder and regularly paying our instalments to DHFL
As per Lending (PNB) bank builder has about unsold 60 flats in project
regards
Daksh Goyal
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Pattedar land in waqf possession
Pattedar Land in WAQF possession
Dear Sir,
My name is Syed Qhadri, I reside in Hyderabad. Our family got 13 acres of land in Andhra Pradesh, this land belongs to a Dargah and we are the descendants.
We are a total of 7 Pattedars, due to various reasons we didn’t pay attention to the land, but were religiously performing all the ceremonies of the Dargah.
The land is under lease for the last 40 years, given away by one of the family member who was the Mutawwali at that time and he migrated to US and died there.
His brother who is an Indian-American came some 2 years back and claimed Mutawwali ship from the Waqf Board. No problem for that, but he has started taking decisions himself without consulting to the rest of the Pattedars. He wants to re-lease the land.
We had filed a RTI to know how Waqf Board took over the land and who initiated it, as we are the Pattedars. The reply we received that the Waqf Board doesn’t have the records that it holds the possession of the land and who transferred to them.
Can we as Pattedars reclaim our land back as it is our private property.
Highly appreciate your valuable input.