rizwanshaikh
31 January 2015 at 12:25
Dear Sirs/Madam ,
i have a query ,i need your help. i bought a property at Mira Rd (e),Dist :Thane ,Maharastra , i enter into registration march 2014 ,having loan from DHFL.DHFL return my SHARE CERTIFICATE to transfer in my name and later submit the same to DHFL.i went to society but they told since you not completed one year as owner of the flat we can't do .after completion of 1 yrs we will transfer in your name , i just want to know as per Maharstra co op housing society rule is it correct that only after completion of 1 yr share certificate will transfer in the name of buyer is it mandatory .i have no dues also paid transfer fee etc. please guide me, Regds Rizwan
Anandan Rajamanicam
31 January 2015 at 09:05
Dear Experts, Agree Land Sale pre-agreement on Rs.100 stamp paper but without Registration,
Advance Paid X amount and Time for Registration 3 months given, Buyer have to pay remaining amount before 3 months then agreed for Register the Sale agreement, Land will be measured for actual records,
If Buyer don't get Registered with in 3 months then he don't have rights to demand get repayment of Advance amount,
Any pre-cautions to be taken for trouble free end on this agreement.
Advance paid as CASH.. Pl. give your suggestion, Thanks.
Sashi Kumar
31 January 2015 at 04:50
Experts Please Advice:
If the subject immovable property is located in Dehradun & POA holder's residential address is in Delhi.
Can the Adjudication of POA be done in Delhi so it can be used in Dehradun.
B.S.NARAHARI
31 January 2015 at 00:37
Respected Sirs / Madams
The following points explains you the true facts.
1) My father owned 1200sqft vacant site upto year 2005.
2) As iam only son to my retired parents (with No pension ) so my father gifted the said vacant site to me in the year 2005 to avail housing loan. Then i borrowed housing loan in the same year & got commenced the house construction activities & completed by year 2006 feb.
3) Since iam working for Govt PSU at Bangalore & we residing at Company provided quaters with 30% HRA deduction since from our occupation of quaters dated November 2002.
4) after the completion of house construction in feb 2006, I decided to leave the company quaters & move to the new ly builtup house along with my aged parents. But my mother resisted owing to the remote location & lack of houses nearby our newly built house.
5) Then i offered the new house to my friend for a lease period of 3 years just to clear few petty loans.
6) Meanwhile i got married by my parents & as usual misunderstanding in families arised.
7) I sustained all the family pressure's till completion of 3 years lease period of our new house.
8) In year june 2009,Again i decided to quit company quaters & move to our own house & wish to settle. But again my plan failed .
9) My parents agreed to settle in our own house, Provided if i bear their monthly household expenses, For which i committed.
10) I continued to stay in company provided quaters along with my wife & kids.
11) To-day i got circular from our company stating to quit company quaters within 3 months for those who own the house within Bangalore limits.
12) The own house where currently my aged parents are staying is in my name.
13) Due to family problems & to take care of small kids, My mother-in-law(widow) is required to stay with us.
14) our own house is just 3 kms away from my quaters.
Can i again gift deed our own house back to my father or mother or mother-in-law, Because all these three elders are dependant on me.OR ELSE can i enter into GPA or any sale agreement kind of things with my mother-in-law so as to prove that i do not have own house in my name.
15) The own house is only ground floor & i will not get any rent as income despite my 30% HRA deduction from company itself.
If the own house is not in my name & after housing loan clearance then i can continue to live in Company quaters for couple of reasons.
a) School is nearer for kids
b) Iam required to travel for outstation company projects
I request you to advise.
Thanking you Yours faithfully
B.S.NARAHARI
ChandanLawyersclub
30 January 2015 at 22:28
I am buying a property worth 54L in Bangalore. Planned to take loan from SBI/LIC for 45L
SBI says sale agreement with builder to be franked with .1% of loan value. Rs 4500
LIC says only Rs 200 franking is required.
why this much difference may be for two housing companies.
If I pay .1 % franking, can I claim it at the time of sales deed execution in registrar office
Regards
Chandra
sanjay
30 January 2015 at 21:07
Dear seniors,
I am an Advocate practicing in Chennai. I have one doubt. I need clarification from respected seniors like you.
One of my client is a Muslim guy and he married a Hindu girl before 15 years and that girl also converted to Muslim.
That girl’s aunt (sister in law of that girl’s mother) was an Advocate. Recently she died. Before her death her husband also passed away. They have no issues. My client and his wife were only taking care of her till her death.
Before her death she executed a registered WILL. In that WILL she bequeathed her properties to her relatives’. The deceased does not have any direct legal heir. Only her husband’s brother and sister are alive now.In that WILL she bequeathed her Car to my client. But the RTO office is refusing to transfer the car in my client’s name. They need Government Pleader opinion for that. But it is more than one month now and still they have not sent the papers to the Government Pleader.
Please clarify if this can be cleared without any NOC from the Deceased’s husband’s brother & sister or other relatives who has benefited in the WILL.
There is any citation or act in tamilnadu transport act for that.
Thanking all
Nagesh Narayan
30 January 2015 at 19:43
Dear Learned Councils,
Pl help me to take appropriate action against my Mother & Brothers who are planing to sell or Gift the property, a plot ad.measuring 1200 sqft. in prime place in Bangalore, As I am away at Mumbai & visiting Bangalore rarely and they never discuss or inform any matter pertaining to the sale or will etc., say that they do not want to disturb me during my short stay.
Already they have sold a similar size plot way back a decade ago with out my knowledge, even they forged my signature on the agreement. Though I was upset I kept quiet since my father has got the major portion from the proceeding for his retired life expenses. But now he is no more.
pl help. The property is in my mother's name & I do not have any document but I have contributed substantially for the plot where they have built the house & office.
Tx.
Ashraf Ali
30 January 2015 at 18:49
I HAVE PUCHASED A COMMERCIAL SHOP IN SLUM AREA OF VILE PARLE (WEST) NEAR IRLA TANK.
VALUE RS 11,50,000/- AREA 105 SQ FEET
WANT TO KNOW FOLLOWING THINGS:
1) PAYMENT OF STAMP DUTY AND REGISTRATION ONLINE PROCESS
2) WHAT AMOUNT TO BE PAID FOR STAMP DUTY AND REGISTRATION
REPLY AT EARLIEST
MANISH ASARKAR
30 January 2015 at 15:25
Now a day’s lots of developers in Maharashtra are coming out with schemes of sale of agricultural land in small plots say 1500, 2000 or 2500 sq. fts. for residential purpose, under the representation that they have applied for the Resort NA. My questions are:-
1. What is the meaning of Resort NA. Is it different than the regular NA land?
2. Can a person who is not farmer can buy such plots from developers.
3. Do you think the sub registrar of assurances register such deals?
4. Further is such sale is allowed under Maharashtra Gunthewari Development Act, 2001 and Bombay Prevention of Fragmentation and consolidation of Holdings Act.
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Property dispute
I have acquired one property by way of registered gift deed from my mother in year 2000 and she had acquired the property by way of registered relinquishment deed executed by me and my brother in 1991 and that property was acquired by my father from L&Doffc. In year 1960 and he has died intestate in year 1990 and in 1991, 2 brothers and one sister relinquished their right in favour of our mother. however me and my younger brother along with our family are residing the property jointly since long .The elder brother who is not residing in the property has filed suit for partition and possession against me and my younger brother and claiming 1/5 share on the basis of Mutation carried out in the name of him and me in L&D records as property stands 4/5 in my name and 1/5 in name of my elder brother. My younger brother has taken plea of adverse possesion in his defence and also challenge the validity of RD and GD and burden is on me to prove the same. I have already examined witness and Sub registrar in my evidence now when my defence evidence (d-1) is about to close he(def-2) has moved an application for amendment of relief clause of his WS under order 6 rule 16 and prayed that Relinquishment deed and Gift deed is declared void and illegal and he is supposed to be declared as owner of the share in his possession on the basis of adverse possession. Can he amend his pleadings after the commencement of trial and he is claiming declaration of ownership by way of adverse possession and also claimed to declare his share in remaining property as one of the legal heir. what are the prospects that he will succeed in his plea. Would he be succeded to amend the pleadings. As in this way he is trying to change the nature of the suit.and trying to get declaration without filing any suit and My gift deed and Relinquishment deed are registererd docs.he has not filed any suit to challenge my registered docs. Is adverse possession applicable in joint family property I have allowed my brother to live in the property as a licencee after Gift deed also but now i have also filed a separate case for eviction against him from the property but he has taken a plea that he has not executed any relinquishment deed voluntarily and no gift deed is executed and he is residing in the property since 1976 and he is claiming adverse possession in the property as he is having separate meter in his name and possession for so long.
Sir please tell whether Adverse possession is applicable here and whether Def no 2 can crossexamine defendant no 1 witness as defendant no 2 has said that he has not executed any Relinquished deed and no Gift deed has executed thereafter. Defendant no 2 has moved an appliaction to seek permission to cross examine defendant number 1 witness. Is it allowable.
Thanks