Niraj Kumar Mishra
20 November 2014 at 19:38
I want to know the legal aspect of CNT covered land,can i acquired land which is not CNT FREE for any purpose, i am planning to open Engineering institute/ Schools
Dnyanesh
20 November 2014 at 16:11
Dear Sir / Madam,
I would require an advise on filing a "caveat" for a friend's case for a property in Mumbai which is in a litigation.
One person has advised him to file a caveat in the hon. Bombay HC. after the judgment was passed in the trial and magistrate court,Bandra after approximately 32 years.
the hon. court has clearly stated that the case is not maintainable and this court does not have the jurisdiction.
Caveat is a document which can in action for 90 days, so what after the said time limit?
So is it advisable to file a caveat in the HC and what shall be the approx. fee to do so.
pallavi
20 November 2014 at 15:22
Dear Sir/s
Request your views and opinion to take the case forward
There is ancestral land approx 20 acres of land in a remote village of sindhudurg district left behind by Mr. X.
Apprx 5 acres is come from his father and remaining 15 acres was purchased by him
“Mr. X” & his wife passed away before 1940
“Mr. X” left behind 4 Sons and 3 daughters. Son A, Son B, Son C & Son D. Daughter
“Son A”: 2 sons & 6 daughters
“Son B”: 2 sons & 8 daughters
“Son C”: 2 sons & 2 daughters
“Son D”: 1 son & 4 daughters
All children of “Mr. X” ie 3 daughters and 4 sons along with respective spouses are passed away. Wife of “Son D” died in April’13 @ 94.
One sons of “Son A” is resident of the same village and leaves in ancestral house. Other son is a residing in nearby village and works in a state government office. But he will be able to produce residential proof of ancestral village. (will call this son of “Son A” “Mr.E”)
Both sons of “Son B” are residing in the same ancestral village. One son works in state run school in the village.
“Mr. E” has served a notice to 5 children of “Son D” and “Son C”, etc thru Tehsildar u/s 70b to declare him a “Tenant” or “Kul” as per Bombay tenancy & agricultural act 1948.
People staying in ancestral village are cultivating the land and taking care there off.
Children on “Son C” & “Son D” occasionally visit the village
Request you on
1. Can “Mr. E” can become a “tenant” at all being a owner of the land & should he issue such notice
2. “Mr. E” is a family of children of D being a first cousin
regards,
Pallavi
sumanto samaddar
20 November 2014 at 14:29
Dear Sir,
I have 200 gaj plot. The plot is already Freehold. Now I have newly constructed first floor without passing any Building map. Earlier the map of ground floor is already passed (sanctioned)by KDA. Now please suggest is it necessary to sanction any building map after complting the whole construction?
KISHORE
20 November 2014 at 14:07
Dear Sir, I would like to purchase a open plot whose owner is died on 18-11-1998. The deceased plot owner is survived by his mother, wife, two married daughters and one married son and the deceased plot owner’s father is expired. On 16-06-2012, the said plot was registered by way of Gift Settlement Deed in favour of said deceased plot owner’s two married daughters by his wife and one married son by producing the death certificate of the deceased plot owner (his mother is not involved in the registration and as I already said father is expired). The two married daughters and one married son are having minor children now (all are about having below 8 years old). The deceased plot owner’s mother is living separately and is not having good relations with the deceased plot owner’s other family members i.e. his wife, daughters and son. Can I purchase the said plot. Are there any legal problems in future from the deceased plot owner’s mother or from her grand children or from any other angle? If the deceased plot owner’s mother also signs at the time of registration to me as witness is it ok. Please advise.
When I put the above query in Lawyers Club India, I was informed that the deceased plot owner’s mother is also having share in the said property. But by the time I have seen the reply in Lawyers forum, I paid Rs.15000/- in cash to the deceased plot owner’s two daughters (who are presently the owners of the plot) and got an agreement paper signed by them. In the agreement it was written that they will receive Rs.1,56,875/- on 19/10/2014 and remaining balance on 5,15,625/- on 27/11/2014 and got the registration done in favour of me on 27/11/2014. But as I said after payment of Rs.15000/- I came to know through Lawyers Club India that they are not absolute owners of the plot, so, I requested them to get the signature of their father’s mother also at the time of registration. But they have not agreed for that Then I have not paid the amount of Rs.156,875/- on 19/10/2014 and alo requested them to refund already paid amount of Rs.15000/- then I will return the agreement paper signed by them. Number of times I called them over phone and also asked in person to do it. They are saying that they will refund my money and take the agreement paper back, but they are not telling the date on which they will refund my money and take paper back. Now the date of registration which is on 27/11/2014 is near. Now what I have to do ? Either I should issue a notice to them before 27/11/2014. I am ready to loose my Rs.15000/- but if they issue a notice after 27/11/2014 that I have not paid the balance amount and got registration done can I tell them since they are not having full ownership over the plot that’s why I have not paid the balance amount and got registration done. Waiting for their notice is also legally binding me ? Or As per law I should issue a notice to them before date of registration ? But if I keep quite till their notice is there any problem. Please advise.
dinesh
20 November 2014 at 09:09
My application for the joining as party in the suit as landlord/owner was rejected by the court. So I filed WP in the high court for the direction and stay. The WP is on admission. Meanwhile how should I inform court about my WP for not to continue hearing till the order of High Court?
Shailesh Thete
20 November 2014 at 06:11
My father purchased some land around 35 years before which is a Devasthan Inams land. My father himself was a advocate. The land is under agriculture for the last 35 years and no one has ever brought any objection of whatsoever kind on our land.
My father told me that as we had been the owner of the land for more than 30 years & no one had ever objected on it, once we file a civil suite in the court of law, the Devasthan land will be transferred to us.
Hence, after the 30 years were over, my father filed a civil suite in the court through some other lawyer as he himself was legally not allowed to defend his case.
Now my father has passed away and the lawyer says such cases are not won and there is no chance we can win this case which is contrary to what my father had told me.
I would like to know what are the chances of ours to win the cases & if you could provide me with some examples where in such cases have been won by people against the Devasthan so that showing those cases we will be able to win our case.
Please advise
Sunil Kumar
19 November 2014 at 18:15
Respected Sir,
Kindly send me any link or intimate what is the full procedure of registration of plots or built up home in haryana and also intimate
how much money / percentage money have to paid as stamp duty for 100 acre home or land in any city.
BEENA SINGH
19 November 2014 at 13:38
Case is as under:
A Flat was acquired by Mr. A in consideration of Rs. 36,00,000/- individually on his name.
However, a 50% investment was contributed by Mr. B, who is cousin of Mr. A.
18,00,000/- they had paid in cash and balance amount paid by loan. Loan was taken on the documents of Mr. A only.
The reason that bank did not consider Mr. B as a co-applicant as he is 60 years old and does not had any income proof.
They were supposed to register the flat on joint name but someone misguided them that a flat can be register on joint name only in case of blood relation.
Now B is worried that he had contributed the amount but his name is not appears anywhere in the flat documents.
Gift deed and release deed is also not possible.
However, A is saying that he is ready to sign any documents whatever required to give 50% share of Mr. B.
Now what action Mr. B can take to secure his interest and share in the flat ?
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oral agrement
dear sir, person A sold the land to B in 1988. B paid amount and took possesson.there is no agreement or any document except A gave original document to B while left the land. B devleped the land and built kacha house in that by paying house, water tap taxes to panchayat on B name. Now B wanted to sell the land. We paid ten thousand(total 1lakh 30k) as advance and took possesion balance to paid in 4 months and register. We and B asks A to register the land to us and he agrees. After 4 months we ready to pay balance amount. A and B refused to rigister and asks us take back our advance and vacate the land. What should we do. We have any legal right to rigister the land by paying balance amount or vacate the land.