S B S KOTAMRAJU
17 March 2015 at 19:02
Dear Sir, We are interested to purchase 5 acres of agriculutural land of Mr. Vijay Reddy. While verifying the documents we observed the following facts.
1. The property was owned under tenancy act by Mr Shivaraj.
2. Later Mr. Shivraj entered into a GPA cum Sale Deed with Mr . Shankar Reddy.
3. MR. Shankar Reddy later sold the property to Mr. Vijay Reddy.
Court also ordered the rexpective revenue department to make the name of Mr. Vijay Reddy mutated , effected in the records and also pass book has been issued by the local panchayat .
WE request your good office to kindly guide us.
saikat
17 March 2015 at 17:24
Hi, I am going to purchase a property from a promoter. The property was sold through auction two years back to the promoter. Bank has issued a sale certificate to the promoter. I have all the document along with the sell certificate, where promoter name mentioned and defaulters name mentioned. Kindly advice me how to proceed with this deal and also suggest me whether sell certificate is sufficient for registration this property under my name.
kindly advice..
saira
17 March 2015 at 16:37
After my husband passed away I have been successful in getting the consent letters from his family members for getting my name on the property records , e.g in the society records and share certificates.
My question is --what about the original sales agreement which has my husbands name on it? Is there any way in which I can get the mutation done either by approaching the registrar with all the documents? Or by way of attachment to the original agreement ? Just as in case of a will where we can attach a codicil !
Raju kumar
17 March 2015 at 10:49
Sir, i got my spinalcord fracturedin an accident 10 years back, and i am a complete paraplegic, strugling to live.. my father wrote a will favoring me. In that he clearly stated that the property belongs to me, and after my life the property belongs to my elder brother's son. But in the will my father clearly stated that i have all the right to sell the property during my life time..
As i am disabled now i decided to sell the property to meet my medical expenses and to go for rehsblitation. Eventhough i have right to sell the property as stated in the will, my elder brother son is refusing to sell the property.. how can i tackle the situation, how can i take action against my elder brother's son, how can i sell the property.. the will is in tamil language as...
"மேலே குறிபஂபிடஂட சொதஂது என் காலதஂதுகஂகுபஂபிறகு என் இளைய மகன் ராஜபாண்டியன் தன்வசம் அடைந்து சரஂவ சுதந்திர பாதஂதியமாயும் தானாதி வினியோக விற்கிறயங்களுகஂகு யோகஂகியமாயும் ஆண்டு அனுபவிதஂது..
அவன் காலதஂதுகஂகுபஂபின் என் இரண்டாவது மகன் பாலஂபாண்டி மகன் ஜெகன் அடைந்து சரஂவ சுதந்திர பாதஂதியமாயும் தானாதி வினியோக விற்கிறயங்களுகஂகு யோகஂகியமாயும் ஆண்டு அனுபவிதஂது..
the wil states that i have right to sell the property during my life time... wats the procedure to sell the property.. can i sell it without the consent of my brothers son.
karthik
16 March 2015 at 19:21
Hi, My Aunt was allotted a BDA site in bangalore (2000/2001) through her earnings. She was then residing in her husbands house which is again a BDA site allotted to uncle in 1992.
Her husband(uncle) expired in 2014 and according to his will the the BDA house will be with Aunt during her lifetime and then to their youger son absolutely.
So technically she now owns 2 BDA sites(1 house + 1 site). Is this illegal according to BDA rules?, Does she have to surrender the site?
She recollets having issues during registration for her site in 2000, as her family member (husband) already had a BDA site. They managed to get the registration done (may be some bribe) and have been regularly paying land tax every year since then.
She has seeked my advice to ensure if she can get into any kind of a legal hassle from BDA in latter date?.
Before getting into trouble , is it a better option to sell the site?, will the party buying the site be in any kind of trouble later?
Viraj
16 March 2015 at 17:12
Hello,
I have purchased stamppaer of Rs. 46,000/- for registration of a property. My builder has purchased it on my behalf through his lawyer. It was purchased on 26.12.2012. After that he has not register it for property registration. Now after constant followup he told me that Stamp papers validity is expired, I have to buy new stamp papers.
I want to ask that the stamp papers are with me & it has not been used till date. Can i use it now for property registration> If registrar deny to register on that stamp papers, what I can do ?
Please suggest and help me.. I am very tensed.
chandrashekhar
16 March 2015 at 12:57
Hello Sir,
My father owns the property in Belgaum measuring 30x45 sqft with two rooms,attached bathroom. It is actually given by corporation of city of belgaum 25years back. My father allowed my grand mother to be there in that house, but my uncle and his family entered and after few years they thrown out my grand mother and started stying with their own family. in the year 2007 my father converted that property from "Lease Cum Sale" to Sale deed from corporation. and then I being his son got transferred to my name(to build that house as my father does not get loan as he is retired. and getting only 900/- pension). I have sale deed copy with me and all property and water tax receipts we are paying till now.
we filed case asking for possession. The case was far to me and junior division court ordered to my uncle to vacate the property within 4 months. My advocate did not take any action on getting execution Petition and we saw after 3 months he appealed to senior division court. and senior division court made the case far to my uncle. we loose that. we now put into highcourt. waiting for this to come to bench.
Questions: My uncle does not have any propery papers(like saledeed, property paid tax etc) he is fighting with electricity bills, election card, one plain paper on which he wrote as he purchased the said property by my father by paying 50000/-. and witness is my aunty(fathers sister). He has made my fathers signature in English, but Father never signed in English. I thin he has made forgery.
Could you please tell me with these merits can he be a owner of our property?
CAn court give such order? Why is that senior division court not considered the saledeed registered copy instead considered the plain paper that too on which my father's invalid signature is there and the witness mention is relative to us. why is that court not considering our documents.
If required I will send the copy of the cases and orders. Please help me.
How can I proceed further?
Shall I go for re-appeal in Sr. Division Court, when there is already a running case in highcourt. Is there any other way to get our property back?
I could see three main +points with him is, My uncle's wife go as home maid to the opposite advocate, opposite advocate is Advocates bar association President and my uncle has big money from his father in law's property sale. I don't know what dealing has been made. I believe in pure uncorrupted law and justice. I think that is the reason my case is prolonging since 2008 to till now.
Rajeev Gosavi
16 March 2015 at 10:04
Our society is registered society. Society has acquired the entire land on Leasehold from Government. Afterward , society has made the plots and through lease deed on 999 years further transferred to individuals. I have one plot around 5800 sq.ft. on my name. Now I have given plot further to builder to construct the building . He has made apartment and sold it to 6 sub owners including me.
As per society by laws. I can either do the apartment / society on my leasehold property.
However, we have such 20-25 apartments/ society on such leasehold individual properties.
Now society has taken stand that, as per rule if the land is on leasehold, then member can construct the building on his own purpose. However he can not make either apartment or society on such leasehold property.
Due to this, since I am the only member of the society since the said plot is on my name. But other 5 flat owners society is not giving co-ownership or making member of the society. Since as per their opinion, such apartment/ society on such leasehold property is illegal.
Can somebody help me to understand the law, under which law/ sections it is applicable or which is not applicable.
Thanks.........Rajeev Gosavi
rethirajulu
15 March 2015 at 21:55
1.My relative had a shop on rental basis since 25 years.
2.The owner offered to sell his shop to my relative on 1989.
3.My relative agreed to purchase the made an agreement to purchase on 1989 & paid 50% out of sale consideration
4.My relative paid Goodwill also.
5.In 1990 my relative wrote a letter to the owner ready to pay balance amount for registration.
6.He replied, after returning from Bombay,he will arrange for registration.
7. Later, letter sent to the owner which is returned stating that he has expired.
8. In 1991 my relative sent a Reg post letter to the owner. No reply.
9.In 1993,the owner sent a notice to my relative to vacate the shop for their own use.
10. Reply was given.
11.1993,the tenant approached the owner(widow) & shown the letter of her late husband & received the balance amount for registration & said after Income tax clearance, registration will be done.
12.Later,the owner sent a letter to the tenant,stating that the property sold to another party.
13.In 1995, the purchaser sent a legal notice to the tenant to pay the rents.
14.The tenant replied suitably stating that she has already paid to the owner full sale consideration,waiting only for registration.
15.In 1996, a suit is filed in B'lore.
16.During pendency of the suit, the purchaser filed under HRC case which was dismissed.
17. Again, the purchaser filed another HRC case,got ex-parte order and got evicted from the shop. The then advocate & and the tenant both have not appeared, due to so many problems.
18. In os 2003
the court gave a judgement and Decree order issued stating that to execute the Sale Deed within 3 months by the owner,leaving the purchasers.
19.The execution filed in 2005,but the Judge gave a judgement on 2009 stating that the it is not executable due to already Sale deed made by the owner.
20.A writ petition is filed in High court in 2009, and the judge gave an opportunity to file R F A and withdraw
this writ petition stating that if your RFA is failed,your are at liberty to file for revival.
21. Now RFA is dismissed during 2014.
22. Now the writ petition is filed and admitted and waiting for regular hearing.
Whether I will get suitable remedies:-
a. from High Court to direct to execute the sale deed by the owners and the purchasers.
b. The lower court passed a Decree order to make a sale deed as per the law and also the same court passed another order it is not executable WHY.
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Gift document
Dear Experts,
My name is Mr Jayarao, I would like represent on behalf of my brothers and sisters for legal opinion and suggestion. We are 6 brothers and 2 sisters. 2 of my brothers who are elder to me have passed away. My father served as a religious priest for 30 years and passed away followed by mother too.
The society in which he served has passed a resolution in their executive council meeting in the year 1997 dated 7th April to give some portion of land the family members of the deceased religious priests recognising their service. Since my father is one among them (PRIEST) we are eligible to receive the gift. This information was communicated to my 5th younger brother (Government Servant) through his brother in law, who is a correspondent in one of their society’s branch which is located in a different place.
Upon receiving the information, my 5th younger brother communicated to all of us . My 5th brother insisted all of us to arrange amount for registration of the said land for which every one unanimously agreed and contributed by borrowing from various sources. On the day of registration the society asked us in whose name the property be registered?. After much discussion among ourselves and moreover my 5th younger brother being in the same state where the property is located, and others dwelling in different parts of the country, we all unanimously in good faith agreed to register the property in our 5th younger brother’s name.
Accordingly, the society has registered the land in our 5th younger brother’s name in July 2014. My brother received the gift document and noticed that there was an error in the document in regard to his name. The error of the same was disclosed to all of us when we enquired about the status of sale possibilities.
From time to time all the brothers and sisters were calling him to know about the rectification of the document and disposal possibilities. Until today, no effort has been made by him for such rectification or sale. He is not entertaining us to visit the society officials for rectification of the document and said he will take care of it. Above all, there is no communication from his side at all, unless we call him.
In spite of several calls we were unsuccessful in reaching him over phone, hence, we decided to visit the allocated site with other brothers and our brother in law (who is a retired police). After reaching the site, we tried calling my 5th brother and he attended our call. We requested him to come and discuss in regard to the land as there is a party who is willing to buy the property. He refused to come to the site and said “I will not come nor sign for sale deed and do whatever you want”. He spoke these words because we visited the site without his notice. However, we tried calling but he did not respond and now he is blaming us.
Off late, it has come to our notice that my brother’s brother in law who assisted us in the initial information is interested in purchasing the land and hence my brother is delaying and not allowing other parties to purchase. Also came to know that the original document is lying with my brother’s brother in law. Therefore we are in a fear if the sale transaction takes place among themselves without our consent and notice. How to go about this issue. Please advise us with your valuable suggestions.
I am pleased to furnish the brief details of the registered document as follows.
1. This land is given as a free gift to the family members of the deceased for recognising the service of my father,
2. According to the consensus of all the brothers and sisters the property is registered in the name of 5th younger brother.
3. This property does not fall under THE A.P. ASSIGNED LANDS (PROHIBITION OF TRANSFER) ACT. 1977 (Act 9 of 1977) nor this property belongs to the Central, State or its subsidiary organisations.
4. This property is ours (Society’s) and according to our will this property is given at free.
5. In case of any disputes except society no other reserves the right