sanjaysingh
12 January 2015 at 19:28
Sir, I want to buy a flat worth 18 lacs. But the seller says he will accept only 11 lacs in cheque and the remaining 7 lacs in cash. In the registry he will write only 11 lacs as the cost of the flat. He has agreed to give me receipt on plain paper of both cash and cheque payments. If after receiving the payment he refuses to sell me the flat, will such plain paper receipts help me to recover the entire payment from him (both cash and cheque payments).
I have suggested that we should have a registered agreement but he says even in the registered agreement he will write 11 lacs as the cost of the flat and give plain paper receipts. If after the agreement he refuses to sell the flat or in case of any other fraud, will I be able to recover the entire payment from him on the basis of plain paper receipts. If not, please tell me how to proceed in this matter. Will a registered agreement compel him to sell me the flat?
Mrinal Vashishtha
12 January 2015 at 17:05
In Transfer of property act it is clearly mentioned in section-60 commentary provided by Mulla that
"the Right to redeem follows the interest of the mortgagor, and can be exercised by him and also by those taking the whole of his interest, whether by ASSIGNMENT INTER VIVOS, OR BY DEVOLUTION ON DEATH."
but i am unable to find any case law to support the above clause. Its a request to honorable members to provide help regarding the case law supporting the above sentence in Section 60 of TOPA.
Regards,
Mrinal Vashishtha(Student 2nd Year LLB)
BAIJU KUMAR ROY
12 January 2015 at 16:35
Dear Experts
If a builder has constructed a flat not according to sanction plan of Kolkata Municipal Corporation and has re-applied for revised sanction plan but not yet get the same, can sale the same property ?
Is it illegal buying for the buyer ?
What procedure to get it revised and collect the completion certificate from KMC ?
Please advise.
B.K.Roy
Mohan Talwar
12 January 2015 at 15:25
I had bought a built up house in Punjab with my SIL in 2005. She forcibly (her husband being advocate) occupied the house and made circumstances that I had to sell my 50% share to her at nominal price. She got GPA registered and receipt signed for money given to me for 50% share. In records I am still owner of 50% share. Is there a way that I can now deny the sale and cancel GPA or claim the difference amount from her.
aditya
12 January 2015 at 14:32
I want to transfer my property in Haryana to my mother. as of now she is secondary owner of the property, now I want to make her the sole owner. what I understood is that Gift deed is the best option. May I know the stamp duty charges if any or total charges need to pay.
Robinson Victor
12 January 2015 at 09:16
Hello Sir,
I have a plot and have applied for PATTA but the surveyor who measured is delaying now saying if I keep requesting he will have to cancel it. Now I am worried please guide me. I have applied for Patta few months back yet he is dragging not saying he will cancel if i cant wait.
Rumah
12 January 2015 at 08:16
Our Building is now about 43 years old. The builder has still not convened the property to us. Society is formed since several years. It is on a sub lease land. What is the process to get it convened.
Also has the society to pay for conveyance amount expenses or has the builder to incur all the expenses. Please advise. Many thanks
Siddhi Agarwal
11 January 2015 at 20:11
Our secretary has resigned as he could not spend members money as he willed and asked the chairman for appointing a new secretary.
I think it is for the managing committe to appoint a new secretary. Pl. clarify the correct procedure.
Parikshit
11 January 2015 at 19:54
Person has given his house to a family known to them as they were facing some financial problem....without any rent or any sort of agreement...... Now they want their house but these people are not giving possession....what action can be taken....any suggestions?
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Ownership in case of nomination
person A died last year leaving behind wife B and only daughter C. A is a flat owner in registered society. he has put his wife as nominee. Can daughter C claim lone ownership of the flat. If wife provides NOC then can daughter get ownership?