ajay
01 June 2015 at 07:07
dear sir ,
my father wants to tranfer residential flat to me and my son via registered gift deed.I Consulted 2 lawyers with 2 different opinion.
LAWYER 1 : in mother deed ( ie original flat paper) it is written that the floor area of flat is 2500 sq. ft. NOW he suggests to transfer transfer the flat at 20% above floor area ie at super built up area ( 2500* 120 % = 3000 sq. ft .That is he wants to execute gift deed at 3000 sq. ft. and i will have to pay stamp duty on valuation based on 3000 sq. ft.
he says that if i execute gift deed at 3000 sq. feet then i can sell the property at 3000 sq. feet so paying extra stamp duty (SD) is worth it as my property is increased.
LAWYER 2 : he says to transfer property via gift deed at 2500 sq. feet only ie floor area mentioned in flat papers as if i hike 20% as superbuilt up area it will be wrong and also when i sell it i will get the price of 2500 sq.feet only and the purchaser will see the mother deed were it is written 2500 sq. feet.
my property is in kolkata, a standalone building not complex.
also for claculating value of property super build up area is required whereas in flat paper only floor area is written nothing else. it is around 25 years old building.
THE DIFFERENCE IN STAMP VALUE IN REGISTERING AS 2500 AND 3000 sq. ft. IS AROUND Rs 50,000 so is it worth paying 50000 extra??
Sashi Kumar
01 June 2015 at 01:23
My uncle recently got a gift deed registered under his name and by mistake he paid Rs 2 Lakh in excess stamp duty because by mistake he choose the wrong area where the property is located.
His licensed architect found out that the property is located in an area where the circle rate is very low and he has over paid.
Please advice.
Can he get a refund of the excess fee paid?
What is the process to get refund of the excess fee paid to the registrar?
How long does it take to get refund back?
Mohammed Rizwan Shaikh
01 June 2015 at 00:34
Hi Experts,
A company purchased an Agricultural Land in Mumbai-Maharashtra, the directors of the company are not the farmers, the company did not get the certificate from the farmers before purchasing the property. Now the 7/12 extracts and Property Card has the bears the company's name, but the land is in possession of Mr. X in spite of the sale between the land owners and the company.
How can the mutations entries be cancelled?
Is the purchase legal or illegal?
Who is at the fault Land-Owner/ Company/ Tehsildar or the Registrar as he registered the documents of title without verifying the documents, Can Mr. X file an FIR against them?
Regards,
Rizwan Shaikh
Pradeep
31 May 2015 at 20:20
Respected Sir,
My father and my mother both died in 2004 in a road accident.My father during his lifetime executed a WILL. I have applied for Probate of the WILL which is in initial stage. My sister is giving evidence opposing grant of probate. In some court cases they are accepting WILL(wherever WILL is favourable to them). At the same time with the help of police and political people by brother-in-law is occupying my properties(assigned to me as per WILL). For some properties (share in joint properties) assigned to me, boundaries are not clearly mentioned due to which injunction suit is not possible and which are occupied by my brother-in-law. I have been appointed executor in the WILL. In light of above facts how can we stop them from occupying my properties.
Priya
31 May 2015 at 13:35
hello,everbody
one of my friend 'case related to land pending in a court since last 20 yr only dates are given by court.land is on their name.....no result still given....now she wants to sell that property.......can she sell property with leave court and how.....plzzzz help me,,,,i will be thankful
vasudev
31 May 2015 at 10:52
Builder is not registering my property. He is delaying, till now I dont want to get into legal matters. As I know how things proceed in India , to be frank. But looking for advice as to how to go about registering property legally without builders presence
aagrawal
30 May 2015 at 21:41
My husband was 2nd of the three brothers.
Days before he passed away, he was suffering from depression. At that time, he had signed a deed saying:
Elder brother got a 3 storied building near to the market. In exchange he gave up his rights in other ancestral property. He is also agreed to move his business to the ground floor of this building.
Younger brother got 50% of the shop and at our house.
My husband got 50% of the shop and 2000sqft at the top floor of the shop as a place to live.
After his death, the elder brother said as it was never clarified that 50% of the shop belonged to my father only, he also should get 50% of it. So at the end, we got only 25% of the shop. Elder brother took 25% of the shop + 3 storied building.
The 3 storied building belonged to my father-in-law. The shop and house were actually part of an ancestral property shared with other relatives which was not divided ie there was no partition deed earmarking our share in those properties.
Elder brother has then proceeded to change the owner of the 3 storied building to his wife via a gift deed.
Now all other relatives want a division of house and shop property. It is only in this division the earmarking of house and shop will be done. It will finally clarify of what 25% in shop building we got and if we even got 2000sqft.
As part of this, the first settlement deed drawn up has been of the house property. I am being forced to accept a smaller part which the younger brother says doesn't qualify me to 2000sqft in "exchange". While he is happy with the "given up" part of the elder brother.
So I had a doubt - Can someone really agree to a division of their father's property if that really is a joint ancestral property. shouldn't the process be to get the ancestral property divided and settled with other relatives as to what their father owned and then divide? In which case how legal is elder brother's task of registering house in his wife's name?
Please help cause I am getting threats to take a smaller piece and give up even the 25% in the shop.
Babu
29 May 2015 at 21:10
Hi Experts
I have taken a lease house for period of 2 years in Bangalore from 06 June 2013 and unfortunately being uncomfortable with landlord’s restrictions, I have proposed to vacate the property start of the 6 months itself. They have displayed the to-let board almost from 1.5 years back itself but till now lease is not terminated.
After asking numerous times all the time landlord was saying he has to get another party to refund my lease amount. I have given 3 months lease termination notification in last 9 months back itself but they have declined to acknowledge my notice.
Now the lease agreement will be ending on 06th June 15, but till now there is no communication from the landlord about lease end procedure. I have also served 30 days notice to vacate the premises via registered post. I have clearly mentioned in my notice that my 3.5 years kid joined to the school in the different locality of the city and I am no longer able to stay in the current house after 06th of June 2015. (As per agreement this date is lease end date). My kid has to start his school from 03/06/2015 onwards.
Still the landlord not acknowledged anything, when I approached them they are very irresponsible about it and all they saying is still someone has to occupy the property to release my deposit of 7.25 lakhs.
I have to repay my personal loans to the bank using this deposit and important fact that I have to move to different locality immediately due to my kid’s school. I need to end this lease on 06/06/2015 at any cost.
Landlord also stating that I have not paid 7 lakhs at one shot, I have paid everything using bank cheques and I have all legal proofs of payment.
Your prompt advise much appreciated in this matter as what next step I can do to vocate the place immediately and help my kid to not to suffer without school.
Kind regards
Babu
professional
29 May 2015 at 17:54
A died leaving his widow and a son as his only legal heirs. A was the owner of a house the ground floor whereof was commercial and occupied by various tenants and one portion of the ground floor was in use of the son for his business. The widow and the son were residing on the upper floor. The widow filed a suit against her son claiming that upon the demise of A, under his Will she had become the absolute owner of the house; that the son was merely a licensee in a portion of the ground floor and which license came to an end on the demise of A; that the son had however failed to vacate the said portion of the ground floor. The widow sought a decree for injunction restraining the son from selling transferring or parting with possession of the portion of the ground floor in his occupation. The son after some contest gave a statement stating that he will not sell, transfer or part with possession of the said portion of the ground floor and the suit was disposed off. On the demise of the widow, her brother filed a second suit against the son claiming that the widow under her Will bequeathed the house to him and claiming possession not only of the portion of the ground floor in which the son was had been running a shop but also of the upper floor. The defendant contended that the suit was barred Order 2, rule 2 of the CPC.Is the suit barred by order 2 rule 2 ?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Mortgage of property exceeded more than 30 years
Dear Sirs
A has mortgaged 2 plus acres of land for ten thousand rupees to B ,in Tamil Nadu on 30th May 1985 , (and 30 years completed) which is not redeemed till date and no money or payments are received either as interest or the amount taken.
Please advice which rules are applicable and which magistrate court the complaint has to be lodged in order to get the eligible money back or Property mortgaged can be taken over by B from A.
thanking you
raj