Suraj Vishwakarma
18 August 2015 at 22:07
0n 1st August,2009 A Perpetual Lease Deed was executed and registered by the Mumbai Development Authority(MDA) in Favour of "Y",In clause 4(a) of the Deed It provides that "the possession of the Plot could not be transferred except the consent of the MDA, it is further provided that the consent for transfer shall not be given for a period of 10 years (i.e. upto 1st August,2019), unless in the opinion of the MDA exceptional circumstances existed for the grant of such consent.
In 2014 "Y" constructed a building over plot and ready to sell it to "X". The parties entered into Lease Deed. on next date party entered into the Agreement for sell and paid Rs.xx amount toward property and balance Rs.xxx was payable within one month of the notice of "Y" that the permission of the MDA had been secured. (In clause 3(B) of Agreement between "X" & "Y" if permission required were not obtain by "Y" form MDA within 12 months from the date of the Agreement to sell. the Agreement was terminable only at the option of the "X". and the amount paid toward the Agreement become adjustable by the "Y" against future rent for the said building in purchaser capacity.
on 2015 MDA declined to grant the permission for transfer of the property on the grounds that the 10 years period in the Perpetual Lease Deed had not expired.
on 2015, "Y" informed "X" about MDA rejection letter and sent a cheque of Rs.xx on the ground that the Agreement to sell stood terminated / frustrated on account of MDA rejection.
in response "X" inform that we both aware the fact and issues framed by the MDA, which "X" had decided not to exercise and consequently the Agreement to sell was very alive.
Consequently "X" filed a Suit for Specific performance of the Agreement to sell.
Know my Question is that.
1. whether "X" is entitled to specific performance of the Agreement to Sell.
( If Yes then why, & if No then Why )
2. whether Agreement to sell is a contingent contract and wether the same stood frustrated on account of rejection by the MDA.
( If Yes then why, & if No then Why )
3. Whether the terms of the Agreement to sell require "Y" to make a subsequent application despite MDA rejection in the first instance.
( If Yes then why, & if No then Why )
kindly mention the section according to which it is..
Thanking you.............
Md Abdul Kadher
18 August 2015 at 16:50
One partition suit was filed in the District Civil Court in 2005 by Mr.A who is a resident of the property which is pending. Meanwhile some of the respondents have sold the litigant property to Mr.B who got a pledge loan by giving the sale deed in a nationalized bank. Among one of the respondents issued a legal notice to the concerned bank's local branch and its regional office. Though the sale deed in dispute is void under Law, can the bank attach this property when there is a default of repayment of loan? What is the next step to be taken by the petitioner? Please clarify.
virendra dube
18 August 2015 at 15:27
i got a notice from Kotak mahindra bank udner sarfaci act 13(2) that somebody had taken a mortgage loan from their bank ..flat in my name but i received notice in some other name that person taken a loan from icici bank on two flat one owner in me an other owner is someone else..we told bank that i m owner of the said flat and submitted the related document to bank now waht to do. i purchases flat in 20100 n my neighbor purchased falt in 2004.loan taken on both flat .
what bank wil do
what i have to do to save my flat
what are option for me
i stay in navi mumbai koparkhairane please help
RKP
18 August 2015 at 14:01
In Mumbai apartments getting the apartment land named after owners society/association is called as deemed conveyance.
Is there any such law in bangalore for getting the apartment land named after the owners association?
What is getting the apartment land named after their society/association called as in Bangalore?
Anonymous
18 August 2015 at 01:37
mere papa ki 2 wife hai 1st wali ki deth ho gae..or second wali jo meri mummy hi wo jinda hai but papa mummy ko ghr se nikal diya hai 1st wife ki do ladkiye hai n meri ek bhen hai papa sab se nafrat karte hai bas mjhe acha rakhte hai papa unkri government job hai... or ek mkan hai 1 crore ka or kuch bank balance hoga kitna hai wo nhi pta.....so sir mere papa ki tabyat bhi kharab rehti hai or wo akele hai koi unse milne nhi aata koi ladkiye unki nhi aati milne unse
Sirf me hi unka khyal rakhti hu mere papa drink krte hai ;(
to sir agr mere papa agr deth ho gae to kiske name ho unki property n bank blance...
Sir sab ko hissa bra bar mile ye me nhi chahti coz wo ense pyr nhi krte pese se krte hai...
Sir agr sirf mere name karna ho mere papa k name ka stanp or uspe likhit me kiya likhwaun sir btao jisse mujhe aage mere papa k nhi hone k bad kuch problem nhi ho.... ki koi objction uthaye unke hak k liye....
Or sir stanp paper mere pass rahega or mere papa ki deth hogi to kab kha ja k btana hoga.... coz mjhe dar hai ki ye stanp koi fad k jla nhi de mjhse chin k...
.
To sir mujhe kiya krna hoga plz halp me plzzzzz sir
Member (Account Deleted)
17 August 2015 at 20:39
Stamp duty issue
Namaste experts
i have purchased a room under pagdi system since 2010 I want to register room paying stamp duty
my properties current market value is 3000000
now my query is how much i have to pay stamp duty in Mumbai/maharashtra plz experts
mention your calculation with
stamp duty rate
registration charges
any other hidden charges
And how much penalty between gap 2010 to 2015
Plz experts give me proper stamp duty payable amount and penalty
thank you
Ashish Pandey
17 August 2015 at 18:15
Hello all,
I have a room in a chawl situated in Byculla region. It has gone under redevelopment plan through SRA scheme. The initial survey is held by SRA (with my father's name)and the list of eligible candidates is forwarded to BMC for photopass issuance.
Now there is a problem in photopass issuance to my father due to lack of voterID card on his name, whereas my mother is having all the documents required for eligibility. So could you please suggest us that is there any possibility of replacing name of my father by my mother's name in the SRA survey itself at this stage? i.e. showing my mother as the landlady so that the photopass can be issued on her name.
Thanks in advance.
subramanian
17 August 2015 at 16:21
I bought one ground in coimbatore peelamedu. The plots were approved by the DTCP. The plots were formed aquiring lands from 4 survey nos in sowripalayam village.
My doucement carried only two survey nos as the Parent document the first buyer is also having only 2 survey nos.
Now i got the bank loan and built a house. The bank survious told that it is only a clericle error and can be rectified.
Pl advise me
yogesh
17 August 2015 at 15:33
Dear Sir ,
I had a ancestor property on my fathers name .we are using the way from my uncles (Fathers brother) farm as his farm is on the road from last 25 Years .Now he is not allowing my father& my family members to enter through that way,as we have the only way to enter the farm .Earlier the whole land was on my grandfathers name . please suggest how to tackle the situation .
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Mistakes in main plaint, how to correct plaint
suit for partition and cancellation of illegal sale deed
case was filed in the year 2009
present stage of case : marking of documents
there are many mistakes in main plaint
such as property first owner written as grand father of plaintiff, but property first owner was great grand father of plaintiff
not mentioned ancestral property, and we have all document related to ancestral property
one sale deed was executed by plaintiff father, without knowledge of plaintiff he sold few extent of property along with his brothers, in single document (to save registration fees in single document all (3)together sold the property).
now in the main plaint it was written as to cancel the part which was owned by plaintiff father, but it was not mentioned to cancel the entire sale deed document
now i asked local advocates they suggested me continue the case, don't go for amendment, body of the main plaint will change, in the cross examination, you can correct all this mistakes, reason was since 2009 (almost 7 years) what you were doing? this question will arise
sir according to me base of the case (main plaint) is not clear how it can stand, at the time of judgement this will come into picture and case will not be in favor of plaintiff
sir/Madam guide what to do now