priya
05 March 2011 at 21:49
We (21 families) have purchased flats in gram panchayat area in hydershakote in hyderabad in 2008. There is total six floors and 21 flats in the apartment. There is stilt (half below road and half above road) parking and six floors above this stilt parking.
We want to regularise our flats now. But are confused as to what are all unauthorised floors ?
Some say that gram panchayat has rigths to give permission for G+2 floors and other say it has rights to give permission for G+3 floors.
Please tell us what is correct - Does gram panchayat have right to permit G+2 or G+3 floors?
What does G mean - stilt parking or the first residential floor of the building ?
Anonymous
05 March 2011 at 20:44
Sir/Madam
I had purchase agriculrural land in 1991 and it was acquired by Delhi Govt. for DDA colony in 1992 and When I applied for alternate plot from govt. they refused/rejected my application for alternate plot saying that the possetion of land is required of minimum five (5) years from the date of acquition.
Can I challange and win it in any court of law or any similar type of case has been finalised/decided by any Hon'ble court of law in Delhi.
Looking for expert views.
Pradeep Kumar Sharma
shah
05 March 2011 at 20:16
dear sir, we are in to a family business from 1965 we set up a factory where the land and the buildings are in pagdi system its on lease. the landlord was ok till date but he suddenly wants his land back with the buildings. we are in to running business and the machines and all is ours , now he wants to buy the full plant of ours the problem is that my grandfather had taken the land on lease but since he passed away,he as also given us the right as per mou and his will .and we recieve the rent reciept in our name .
ours is a partnership firm. so if we at all we sell the plant with land and the buyer is landlord himself than what will be the further procedure? , the capital which i will recieve from land will it come uncer capitalgain tax if yes where should it be invested . and the amount which i shall recieve by selling used machinery what taxes should i have to pay on it . and since its a partnership firm how should we accept the amount on the firm name or the individual partners name as per share . please guide me .
thankyou
shah
girish parmar
03 March 2011 at 11:10
(1) A company wants to equitable mortgage on its immovable assets situated in various States. The Mortgage is to be created in one particular state where registration of equitable mortgage is not compulsorily registrable (say Maharastra). However, the mortgage Document also includes one property of a State where equitable mortgage is compulsorily registrable as per that States registration law (say Gujarat). Whether that equitable mortgage is required to be registered in GUJARAT also. It may be noted that equitable mortgage can be created any where in the Country if that is done in any notified towns. (2) Further what would be the position if the situation is reversed, viz. equitable mortgage is created in Gujarat but the document does not include any Gujarat Property. Whether equitable mortgage is required to be registered since Gujarat registration laws apply to property situated in Gujarat only?
girish parmar
03 March 2011 at 11:03
A company wants to equitable mortgage on its immovable assets situated in various States. The Mortgage is to be created in one particluar state where registration of equitable mortgage is not compulsorily registrable (say Maharastra). However, the mortgage Document also includes one property of a State where equitable mortgage is compulsorily registrable as per that States registation law (say Gujarat). Whether that equitable mortgage is required by be regsitered in GUJARAT also. It may be noted that equitable mortgage can be created any where in the Country if that is done in any notified towns. Further what would be the position if the situation is reversed, viz. equitable mortgage is created in Gujarat but the document does not incliude any Gujarat Property. Whether equitable mortgage is required to be registered since Gujarat registration laws aplly to property situated in Gujarat only?
Anonymous
02 March 2011 at 14:27
A widow owning a residential property purchased during 1980 died 3 months ago. She has 8 daughters and in her final will has nominated 3 daughters name. Now the daughter wanting to sell her mothers flat says that she has no flat purchase agreeement or evidence of Stamp Duty Payment or Registration deed of the flat. The Only document available is a Society Share certificate in the name of her late mother who is no longer alive.
In order to purchase such a flat kindly advice the steps to be taken and the procedures to be followed in order to avoid any future legal complications arising out of this flat purchase.
Have we to obtain the following
a) No objection certificate signed by all the 8 daughters.
b) Indemnity bond against any future claims arising on the said property.
c) No objection certificate from the Housing Society Chairman & Secretary where this residentail flat is located.
d) Advertisement in National Newspaper stating that this property is for sale andd for any claims, it must be made within next 15 days time.
e) If the stamp duty has not been paid by previous owner during flat purhase during 1980 then what is the liability on new purchaser in the absemnce of the purchase agreement.
f) Will the new purchase agreement need to be drawn with all the daughters have been named in the last will of the mother ?
g)Can the payment be made in the name of one daughter who is nominee in the will and allow it for distribution among all the 8 sisters ?
Request for valuable guidance on this subject.
Atish
01 March 2011 at 12:01
I have a flat in a society in Pune which is on leave and license and occupied by students or bachelors. Now at the time of renewal the society is saying that we can keep only families.
As per law is the society allowed to deprive the flat owners from keeping students or bachelors if they are not os nuisance value.
Regards
Yuvak M
28 February 2011 at 20:35
Hi,
My father intends to 'GIFT' a flat/ apartment in Mumbai to his Daughter in law (my wife). Would this attract 2% concessional Stamp Duty?
Also, if the flat is subsequently sold (within say 6-12 months), can the subsequent buyer get any discount/ set off on his liability of Stamp Duty?
Shailendra
28 February 2011 at 20:05
We have purchased an agricultural land for running educational institutions, after seeking permission from the DC as required under the provisions of S.109 of the Karnataka Land Reforms Act. The said land has been earmarked as an industrial land by the Belgaum Urban Development Authority, Belgaum. The DC in the permission has laid down a condition that we should get the land use of the purchased land changed from agricultural to non agricultural purpose. It is learnt that an educational institution need not get the land use changed and that there is a government notification and/or a circular in this behalf. kindly enlighten.
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lEESOR HAS GIVEN ADVANCE BY DEDUTING THE ONE MONTH RENT AS SHORT FALL IN AGREEMENT PERIOD
i HAVE TAKEN A RENTED HOUSE IN CHENNAI AND HAD AGREEMENT FOR 11 MONTHS IN FAVOR OF LESSOR. i.e.. IF U VACATE BEFORE 11 MONTHS LESSE HAVE TO PAY 2 MONTHS RENT AS COMPENSATION. SO THAT I CONTINUED UP TO 10 MONTHS AND I INFORNMED TO OWNER I WILL BE VACATING THE HOUSE AFTER 10 MONTHS 1 MONTH REMAINING AS PER AGREEMENT AND LESSOR SAID THAT NO PROBLEM I WILL NOT DEDUCT THE AMOUNT AS COMPENSATION SO U CAN LEAVE NOW. LIKE THAT RELATION SHIP IS QUIT GOOD. AFTER VACATING THE HOUSE HE SAID THAT PAINTING IN SIDE THE HOSE LITTLE BIT STAINED WITH PENSIL BY NEIGHBORS SON. SO HE ASKED ME TO PAY THE PAINTING COST OF 6000. SO REFUSED TO ACCEPT. SO HE ANGRY ON ME AND HE SAID THAT I WILL DEDUCT THE RENT AS PER AGREEMENT AS YOU REFUSED TO GIVE THE PAINTING COST. SO WHETHER I CAN PROCEED WITH LEGALLY OR NOT. AS HE NOT REGISTERED THE RENTAL AGREEMENT. PLEASE CLARIFY MY QUREY.