Anonymous
24 February 2011 at 13:43
Market value paid. An agreement of sale cum irrevocable gpa was obtained.Buyer signed in the agreement of sale to represent the seller in all legal matters.The agreement of sale also has indemnity clause.
The said property has gone into litigation as the seller had sold the property to multiple people without intimating the buyer. Now the person who has the GPA is threatening to take criminal action against the seller. can he take criminal action against the person who gave the gpa, after all he is just a gpa holder.
karunaker reddy
Narender Singh
24 February 2011 at 12:32
My mother had purchased a leasehold property in 1980 from a person who had purchased leasehold property in 1950 for Rs. 15000. General power of attorny, sale agreement and will was in my mother's name. We paid the lease till 1989 regularly. But after the death of Shri Ram Krishan (the person who collected lease from us) nobody from his family came to us to collect the lease. In february, 2011 son of Shri Ram Krishan has noticed us to vacate the property and handover the same to him. A notice has been sent through an Advocate. We have no knowledge whether he got any authority over that property or not. Even I also want to know whether in any Hon'ble Supreme Court's judgment, lease has been removed or not.
Please advice.
Ritesh Jain
24 February 2011 at 11:16
the original owner was the owner of a premises (paghdi system). The original owner lived in a joint family since 1987-88 and the premises is presently used and occupied the same joint family. The original owner died 8-10 years back leaving behind his only 2 sons and their family. No will was executed by the original owners. The original owner does not have any daughter and the family is governed by Hindu Law (being Jains). The legal heirs did not transfer the premises in their joint names as the landlord was demanding huge sum for transfer of the premises in their name and the legal heirs being unaware of the law did not accept the request of the landlord. The landlord has died and the property is being conveyed in favour of a Developer by the legal heirs of the Developer. The legal heirs of the original owner have not given their consent for the development due to the developer providing less area of 753 square feet carpet in comparison to the current area of 890 square feet carpet area. The Developer is forcing the legal heirs to give their consent in lieu of the transfer of the new constructed premises in their name, but the legal heirs are against the proposal.
1) Please provide a solution to the same.
2) the premises needs to be transferred in the name of the legal heirs, state the legal process where no fees is to be paid to the Landlord.
3) Do the legal heirs have to pay any transfer charges to the Landlord for transfer of names after the death of the original owner?
4) any other legal way out to get the name transferred?
5) how much is the actual legal fees for transfer of names.
vijay
24 February 2011 at 09:52
I am a Dr MBBS, MD and member of Thane Co-op- Hsg Society. I owned a Ground Floor 3 flats, which are non commercial but 1st I used for Chemist Shop and 2nd for consulting my patient 3rd for Pathology lab
Queries:
1 Can I use non commercial flats for my medical shop, consulting & Pathology?
2 I have packed the extra space provided in front of my door ground floor (which is there in the agreement) with aluminum sheets and placed machineries there? Can I packed that space availed at 1/3rd price?
3 Society has passed a resolution unanimously in AGM to levy Rs 400 per member per month on members who are using non commercial flats for commercial use. Saying that society is at hardship watchmen needs to concentrate? Society is right?
4 I wanted to sell 1 flat, Society is asking to pay me Transfer fees of Rs 25000/- at the time of NOC, But Buyer’s loan application may get cancelled and deal may broke up, Hence is the Society is right in levying Transfer Fees at the time of issuing NOC?
Thanking You!
Regards.
Vijay
9820164964
prasad
23 February 2011 at 20:10
I want to know how can I get the standard rent figures for Flats given on rent on live and license basis in Mumbai. Does the Maharastra Rent Control Act, 1999 define or make the concept of standard rent applicable to flats which have been constructed after 1999. Pls guide me. I need these fig for computation of Income from House property.Thanks
shrinivas
23 February 2011 at 18:48
www.lawyersclubindia.com
Respected Sir/Madam
I had purchased residential Plot (self acquired plot) from one Widow Housewife women in March 1996 jointly with my uncle made sale deed also. Applied entry in revenue Dept, but it not entered. My Uncle was expired in road accident in April-1996; we were shocked & not concentrated on that plot.
The women had obtained NOC to sale the property to us from District collector (DC) before execution of deed.(Unde urben sealing act)
Women was purchased land 1n 1985 directly from third party.
Three sons (major) were witnessed to the sale deed.
But elder son(Now expired)(major)& elder daughter (major) were not witnessed.
In September-2010 we have enquired in revenue department but still the name was not changed in our name.
The sold women was expired in January-2008
Therefore we had once again applied for enter our name in revenue dept.
Revenue dept had asked objection from legal hairs of those deceased women.
Now daughter of women (Plaintiff aged 45 ) was claimed 1/5 share & grandson (Deceased Sons Son)(Women’s elder son was also expired after execution of sale deed) was also claimed 1/5 share & claimed that plot is inherited/ancestral, the women was illiterate, therefore disadvantage had been taken & also claimed that property was purchased by their father in the name of mother & mother was housewife.
Filed a case in civil court & in revenue Dept.
In September-2010 tahsildar/taluka magistrate office changed & entered all the legal hairs names in records without our knowledge. So we had got stay order in Assistant commissioner court & appiled to change the names enter our names.
Sir/madam, I am in tension please advice weather claim is genuine & eligible.
So what to do now. Please guide sir.
Thanks with regards
Shrinivas
spandhari@yahoo.com
Anonymous
23 February 2011 at 17:40
Dear Sirs
I would very much value your expert knowledge and guidance on the following matter:
We are a group of UK investors who trustingly invested in a new property development project in Navi Mumbai in 2009. However, due to irreconceivable differences between the 2 partners in 2010, the project did not go ahead and all investors were told that their monies would be returned in full plus 10% interest by December 2010. This has not happened and we are all having difficulties in reaching either of the partners and getting our monies back.
We want to know where we stand legally and what are out options in getting our money back.
Your advice and guidance is greatly appreciated.
Thanking you in advance.
Anonymous
23 February 2011 at 17:29
my client is a developer, wants to enter unregistered development agreement with land owner by giving some amount as good will. land owner kept land documents in bank and he owes some amount to bank. the land owner says that he will remit the loan amount to bank from the amount received from developer and selling his share in the developed property. can a developer can enter in to such transaction or not , if yes what is the procedure or steps to be followed.
sangram
23 February 2011 at 17:00
A group of friends purchased a agricultural land in the name of one of the agriculturist friend as pruchase of agri. land should be agriculturist. The contribtuion was equal when purchased. Subsequently, the land was converted in to non-agricultrue and they would like to sell it. I have following querry for the above:
1. If land is sold then is it possible for purchaser to give the amount equally to all memebrs by way of cheque. What are the implications on getting the amount. What will be the tax implications.
2. What will be the stamp duty under the Bombay Stamp Act when sold.
3. Any other solution to sell the land.
Regards,
Sangram
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use of yellow zone residential plot for commercial purpose
Dear Friends,
i have a plot in GAOTHAN area and it is notified as a yellow residential zone.
pls. tell me whether i can use it for some commercial purpose or not.
if i can, then pls. tell me the procedure for that.
regards
Sandeep