rameshpatel
11 June 2015 at 05:00
I signed a purchase agreement for a property, due to some personal issues I could not make the final payment before the specified contract closing date. The seller gave me cancellation notice and cancelled the contract and forfeited my deposit. After 3 years of the agreement date I filed a law suit for specific performance & money recovery. So far the court has not served the summon to the seller.
I found out from my sources that the seller has recently transferred the property to their relative.
Can I still get a stay on the property now owned by new owner?
If I win can I get money judgment attached to the property owned by the new owner?
Pawar Pankaj
10 June 2015 at 19:54
Hello Experts,
In 2012, I was planning to buy a Property being listed on 99 acres.com in Mumbai. The Property was Mhada redevelopment, but all the tenants of the Building were trying to convert the property into Ownership. No such procedure was completed from Mhada end, but the Building even then formed a Society, made Share Certificates, made Society letter heads, coloured the building making the Mhada sign/Logo disappear, etc.
I as an Outsider didnt knew any of this. The seller "THOUGHT", that Property was ownership due to above incidences and told me that Loan is available on the said property. He being the Society Secretary or so gave me in writing on Society's letterhead, that the Property is saleable legally.
Public sector Bank also didnt perform their Due diligence and told me that, Loan is available on the Property.
Old Custom House also accepted the Stamp duty and Registration of the Same.
The final step, Bank asked for Mortagage Lien on the same property to disburse the Loan, it was then one Chairman of the society, who told us, the Society Ownership Conversion Process was still not complete and hence it is still a Mhada Property on which no loan is available and hence, No Mortagage Lien is possible.
It took me over 2 years to recover the Stamp Duty money from Old custom House, Registration of ₹30k was nonrefundable.
The Seller returned me 70% of black money in parts over 6 months but other losses like Registration, Interest, etc was never returned by him.
He was threatening me actually (due to which, my family never allowed me as a Single Woman to file FIR), even though, it was his mistake and foolish of thinking, that Property is saleable.
He of course, sold his Property in 100% Black and refuses to reimburse my losses of ₹ 4 to 5 lacs and refuses to accept, it was never my mistake.
Is it possible to sue him and send a legal notice against him now after 3 years? What are my chances of recovering my losses in this Lawsuit? I have all the Stamp duty and Registration Documents and Society Letterhead.
Do i need to file an FIR before suing him?
Please help me to get justice and guide me through this..
Dharmaraj
10 June 2015 at 17:56
Dear Sirs
I am into domestic issues with my wife and I want to safeguard myself against the succession she might get in case i were to buy any property one suggestion as adviced to me is to disown her legally and for that there is a legal process of advertising in two national newspaper and way forward however my question is that my wife is hindu and I am christian and our marriage is registed in Special Marriage Act
please suggest a way out
amol dhamdhere
10 June 2015 at 17:54
I have an flat in Pune jointly owned with my brother and I want to gift my part to my brother(joint owner). How much stamp duty we need to pay to create a gift deed of this transaction.
VIKAS
10 June 2015 at 12:50
Dear Sir,
we have a land of piece by name of my mother(her father's share) and mama, nani.It was joint agriculture land which is cultivate by my mama and nani.
In year of 2006, SANAT TAKSIM was issued my patwari and kangoo. Later, it was challenged by my nani in the court of SDM. And SDM court dismiss the appeal and passed the order SANAT TAKSIM can't be cancelled.
But, it was not recorded in the jamabandi till date.
So, please advise how to implement the order of SDM court?
Waiting for reply.
regards
sruthi
10 June 2015 at 11:58
Hello,
I would need your advise or suggestions in the below matter. We have purchased an apartment in a community that has 164 apartments. The builder promised various amenities such as swimming pool, skating rink, club house, gym and STP. We recently came to know that the above mentioned amenities are constructed in a karabi land or the land that belongs to the government but he claims property tax has been paid for this land for 15 years. Will there be a problem for this in the future. Kindly advise how to proceed in this situation
monica
10 June 2015 at 11:16
my father got farming land in gujrat by his mother side grandparent. my dad was raised by grand parents since he was 7 months old.his grand father died when he was around 5 years old.after that in inheritance property grand mother's name and his name was put in.as grand mother is step mother of my dad's real mother and they didn't get along well. so grandmother did not want to give anything to her.at that his mother went to court for her right on property but they just put her name as a legal guardian. after around 25 years now wants a property again so she went to court again and now court cancelled the last heirship (INHERITANCE ) of grandmother.and my father and his parent did not live together so she will not give anything to my father and she most likely give everything to her 3 other children rather than my father. so what can we do now.please help.
THANKS
Member (Account Deleted)
10 June 2015 at 10:58
my father got farming land in gujrat by his mother side grandparent. my dad was raised by grand parents since he was 7 months old.his grand father died when he was around 5 years old.after that in inheritance property grand mother's name and his name was put in.as grand mother is step mother of my dad's real mother and they didn't get along well. so grandmother did not want to give anything to her.at that his mother went to court for her right on property but they just put her name as a legal guardian. after around 25 years now wants a property again so she went to court again and now court cancelled the last heirship (INHERITANCE ) of grandmother.and my father and his parent did not live together so she will not give anything to my father and she most likely give everything to her 3 other children rather than my father. so what can we do now.please help.
THANKS
nitingupta
09 June 2015 at 16:42
Hello All,
I had booked a shop one year back. At that time the builder informed me the possession of the shop will be within 6 months. I paid around 16 lacs as the booking amount. There was no agreement done. There was a simple booking form .
Now even after an year the builder has not started the work and he now informed that the plan is gone for revision.
I asked him to cancel the booking and provide me a refund. He is not providing me a date for the refund. He states we can provide you the refund only when the property is rebooked. He had mentioned this in the booking form.
What are my options in this case.
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