MURLI DHAR ARORA
02 April 2015 at 21:35
Hindu Law - Mother acquired property through will of husband. Property partitioned by mother during her life time – Share falling to each of her sons transferred by way of consent decree. Whether it will be self acquired property?
Son sold the property so acquired during his life time. Wife of a son has filed suit challenging the sale of the said property of father in law. Father in law was made party. Now father in law has expired. Wife of a son has made party to mother in law, brothers and sisters of her husband. PWs closed. She self was PW (only witness) duly cross examined. Now case is fixed for defendants witness. What is the legal position.
Harshit
02 April 2015 at 20:31
Hi,
My Father passed away in 2004 and he had nominated me for the flat. The nomination form was already submitted to the society before he passwed away.Had a word with my society. They just asked me for a NOC from my brother and than they would add my name in the share certificate and add my name in the society registers. I do not want to sell the flat.
1) Do I need to register the flat in my name or its optional?
2) How important is mutation?
I was just planning to get the share certificate on my name by submitting the NOC to the society. Will it create any problems if i dont register the property at this.
Regards,
Khimji Patel
Vijay
02 April 2015 at 17:33
Iam going my friend on my friend place ina room, iam discharging his Advance which he paid to owner, his name and including other Two members are included inthe Agreement.
I want an agreement that he received the advance and should replace my name inthe agreement.
Not modifying the current aggrement but i want to take the signature from him that he doesnt have any right out of the advance.
Plz adivce
REgards
VK
Ritesh Rathod
02 April 2015 at 17:31
Dear sir,
There is a 3 property say A is a vacate plot B and C is a house property. For property A and C I am only a owner. Now owner of property B want to sell his property to other parties not to me. I am ready to purchase that property at market rate. In this case may I have a priority for purchase that property? If yes than how? Give other guidance as you wish. Thanks
RajaRajachozhan
02 April 2015 at 16:00
Sir/Madam
A is the Landowner ; B is the Builder and P is the Purchaser.
A and B enter into a Joint Venture Agreement (JVA) for B to develop the property into multi storeyed apartments. They share the super built up area in the ratio; A 35% and B 65%. Consideration from B to A is that B will hand over to A 35% of allocated flats and B can sell his portion of Flats (including the UDS) to prospective purchasers at his own price and terms.
A, while reiterating that he is the rightful,legal and lawful owner of the property has allowed B to enter the premises, take possession of the property for building activities.
A has given a General Power of Attorney (GPA) to B to execute sale deed with the prospective purchasers relating to his (B's ) share of the UDS and to receive the sale price. Other powers relating to construction activities have also been given
The questions are:
Is it enough if the sale deed (for the UDS) is executed by the Power Agent on behalf of the Principal.
In the sale deed the aspects relating to JVA and the GPA should also be brought in.
or
in the contract of Sale Deed relating to UDS of B's share, the parties are A and P - and B (the power Agent) signs the Deed on behalf of the Principal (A).
kINDLY CLARIFY
dilsingh
02 April 2015 at 14:26
a person has brought upon me a breach of contract suit. The person charges that i was not able to produce the real owner of the property to get the sale deed executed in favour of plaintiff. My point is that i was present at the registrar's office on specified date (and i have proof of that in attendance). I dont have the attendance marked of the real owner at the registrar's office, but he is ready to depose before the court that he was present with me. So will the court take note of my defence?
Abhinav
02 April 2015 at 13:26
Hello Experts,
Please confirm if there is a provision in Law to push a developer to deliver the Housing projects on time. The Penalty clause in the builder buyer agreements is just a formality to satisfy the Law. Ideally the developers commit a time line of 3 years in all the cases which is acceptable in case of a new launch / soft launch. However in case of Resale also they commit the timeline of 3 years which doesn’t seem logical as the structure was already under construction for last 3 years, then why they need 3 years to hand over the possession.
Along with that in case of resale the builders are asking the buyers to sign a waiver stating that as they are buying the flat in resale they are not elegible for the penalty clause by the builder hence depriving them of the bare minimum relief on the delay (Is this practice legal?)
I was just curious to know if there is a PIL to check this as a normal salaried person is crushed between paying the EMIs & the House Rent till the time he / she gets the house to finally live in. Thus affecting their social and economic situation along with the future of their children as they suffer the same pain.
Thanks
anilkumar
02 April 2015 at 12:10
My mother' parents have expired and they did not leave any will and all the agriculture land has been transferred in the name of my mother and her 2 sisters and 1 brother as per jamabandi details available on haryana land record website.
My mother want her but her brother has objection on the ground that daughter should not take share in property as per customs and my mother's other 2 sisters are also not cooperating with us.My mother had filed partition case in the tehsil 1.5 yrs back.I think tehsildar,SDO and my lawyer all are harassing us by delaying the matter as it is a very small town and my mama has good relations with tehsil people.They are saying that my mother's share in coming in 4 khewats and there are total 70 people doing cultivation in those khewats apart from my mother,her sister and brother so unless those 70 people also give their consent,partition can not happen.
When tehsil proceedings were about to finish after 1year of filling the case,6 people out of those 70 have filed appeal in upper court.
I had sent rti to tehsil to know the till date proceedings but they have replied me that your lawyer is appearing on your behalf and as per RTI rule,information can not be provided of running case and case is already in appeal so if you have any further query,contact tehsil.
Pl. confirm me what can i do in this case.
Sumit
02 April 2015 at 09:53
Dear Sir,
My father being member of a housing co-op socy under the West Bengal Co-operative Socy Act had obtained a sub-lease on a plot of land via a deed of conveyance in the year 1978, the sub-lease was for a period of 99 years.
In 2003, my father wanted to sell his house and applied for permission for transfer of lease-hold rights and membership to his tenant.
Socy took my fathers letter as resignation(even though he never used that word) and took resolution to transfer his sub-lease plot with constructed house in favour of tenant.
Socy got permission from registrar and gave membership to our tenant. My father had entered into an agreement for sale to his tenant, however the property was never sold and the transfer also could not be completed. The tenant never paid money to buy the property. The tenant is in possession of the property.
Now, Father died in 2009 and present situation is that we have inherited the property and the co-op claims that our tenant is the member.
It is a strange situation.
My question is:- Can a Co-operative Housing Socy. in West Bengal transfer the Sub-lease to our tenant when the sub-lease has already been conveyed to my late father for 99 years(as per earlier deed)? Particularly when the property has not been sold yet and the original member has not transferred his property.
Regards
Sumit Basu
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Stamp duty waived off on transfer of property to blood relatives
Dear Learned Experts,
Background of the query:
On March 25, 2015, revenue minister have waived off stamp duty on transfer of immovable property to blood relatives which was earlier 5% or 2% depending on whether it is ancestral property or not. The query is as follows:
1) From when will this amendment come into existence?
2) Is it enough to do so just by making a gift deed & registering it on a Rs.500 non judicial stamp paper?
3) Is it applicable for Commercial Property also? Or only to land & residential property?
4) Is the registration as per Registration Act still required? (I think it is)
The link of the news flow is as follows (from where I came to know this): http://indianexpress.com/article/cities/mumbai/now-no-stamp-duty-in-state-on-gifting-property-to-heir/