Nilesh Vekariya
02 February 2011 at 13:12
Sir, We have purchase agriculture land from my uncle in 1992 through just Rs.10 stamp paper, but till date we have not prepared 7-12 8A documents in my fathers name now my uncles's son demanding that land on his name and he has done 7-12 8A documest in his name,in the documents evidence we have only stamp paper on which sing of my uncle (now he is expired)and witness.what should we do to get this land on our name? pls help me
Vijay Raut
02 February 2011 at 00:12
Can there be a reliquishment of flat without consideration? If yes under what law is it permitted and under waht circumstances? Can a company reliquish a flat in favour of a Director for good services rendered to the company over a period of time? Can you provide a specimen of Deed of reloinquishment?
Vijay Raut.Koregaon Park, Pune.
Vinay
01 February 2011 at 11:36
Hello Sir,
1.I have baught an house in Haryana gurgaon under subvention scheme (menas Loan will be payed by builder till June2013) June 2013 is expected possesion date. buildup area is 1000sft , super area 1209sft. Cast of super area is 1209*2313=27Lac. but total cast ( inclusive of parking charge, club mem charge etc) is 41Lac.
I have few questions here.
1. As per New rules under section 65(105)(zzzzu)Service Tax on will the service tax be charged on total cast ie 41Lac or super area ie 27Lac. Please suggest if any
2. Is the service tax be charged at time of possestion or it can be charged in part of individual payment as well.
3. I feel service tax should be only 2.5% not 2.75%.
4. Builder is also charging the 1.5L for parking. is it ok as per new rule.?
Thnaks
Vinay
Sucharitha
31 January 2011 at 13:26
Can a partnership firm acquire agricultural lands in Tamilnadu? If yes, what is the Land celing applicable to Partnership Firms?
Anonymous
30 January 2011 at 20:08
My friend has a peculiar but grave problem. He had booked a flat in the year 2003 with a politically connected Promoter at Kolkata by paying Rs.1.5 Lakhs. The cost of the flat was Rs.10 lakhs. He had further taken loan of Rs.7.5 Lakhs from the Bank who paid the amount directly to the promoter. Bank did not keep any collateral security nor mortgaged the flat. After some time my friend needed money badly for treatment of his family & told the Promoter that he does not want the flat & want his money back. Then the promoter paid Rs.2.5 lakhs to the Bank against the loan account & Rs.1.5 lakhs to my friend. Then in presence of the Bank Manager, one written document on Rs.50/- stamp paper was made where in it was written by my friend that he is handing over the right of the flat subject to the Promoters paying the balance loaned amount of Rs.5 lakhs to the Bank against his loan. After that the Promoter sold & Registered the sale deed to another person at a much higher rate but did not clear the loan amount to the Bank lying in my friends name. The loan has now become Rs.7.5 lakhs with interest. It has now become NPA. Bank is threatening my friend that they will file FIR or take action. The promoter is still going on giving assurances but stated that if my friend goes to Police or Court then forget the money. My question to the learned experts is :
(1) Since the handing over the right of the flat by my friend was conditional i.e. subject to paying the loaned amount to the Bank, can the promoter sale the flat to any third party with out fulfilling the condition?
(2) If he can not sale then is not the sale invalid & void at Law?
(3) Has not the promoter committed fraud by selling the flat which he can not do?
(4) Some one advised to make FIR immediately. Should we do that? If yes then what sections will be applicable for this case?
(5) What should we do now? If suit to be filed what are the offences we should mention & what are the sections for those offences?
My friend has believed that politician cum promoter & has now become helpless. He is now ruined. Our learned Experts may kindly help by giving elaborate guidance. Thanks sirs.
S Chowgule
27 January 2011 at 23:12
Respected Sirs,
Am from Pune, Maharashtra. Recently came across a very interesting unit of measurement of land area called ARE (or R as pronounced].
Could you please explain me how to convert Are to sq.ft & sq.meters.
Or how many R = sq.ft.
Alternatively 1 guntha = ? sq.ft.
Regards,
anish
27 January 2011 at 15:10
Sir, I intent to give my residential flat on leave & license basis to a family. Agreement would be executed with husband. In my town in Gujarat registration on duty on leave and license agreement is very high as authority charges duty on license fees plus deposit equivalent to that charged on actual sale. Generally people donot get their L & L agreements registered for this reason. My feeling is that there are judgements that since in leave & license no rights are transferred because it only allows licensee to make use of the premises registration is not mendatory. In my case if i get agreement notorised and if in future any litigation happens with licensee in case he does not vacate premises etc. would court reject or consider my agreement not as bonafide because it is not registered? Will this notorised agreement not stand in court of law? In case registration is legally mendatory can i have opinion about non charging of stamp duty because unlike sale or lease no rights are transferred to licensee
Sk.Gulam Gause
26 January 2011 at 22:13
What is green zone.It is advisable to purchase land/plot in green zone area in vasai taluka[dist.Thane State of Maharashtra]
It is possible to convert green zone into non agriculture[NA]zone
Can we get permission to construct gr+1 or grd +4 from muncipal corporation.
If the green zone plot is of any anadivasi and one person purchase and he want to sold it.then it is advisable to purchase the said plot from the said person.adivasi can sold their plot and adivasi plot is transferrable.the person who purchased the said plot and now want to sold told me that adivasi can get sale permission from mantralaya.and then they can sold the plot and it is transferrable also.please guide me
Namitabh Kothari (9930992660)
24 January 2011 at 21:24
Friends,
I have few issues on legal points.
The landlord has filed the suit for eviction.
The trial court dismissed the suit.
The Landlord files Appeal.
During the Appeal, he has made amendments of the plaint and brings new grounds for getting the possession of the premises. Evidence is led by the landlord and he is cross-examined by the tenant on the new grounds.
The Appeal is still pending during all this time.
During this time of the Appeal, the tenant dies.
Though the Legal heirs of the tenant are issued notices and they are served, they appear before the Appeal Court and the Appeal is heard finally after.
however, the Landlord has not amended the Title of the Appeal and it still remains against the dead tenant.
Now, the Appeal has reversed the judgement and decreed the suit.
However, the name in the title of the suit is still not changed and the order of eviction is passed against the dead tenant.
So, can the decree be passed against the dead tenant as his name is still on the title of the plaint and Appeal?
and also, can such a decree be obstructed or executed against the LR of the dead tenant?
Not amending the title of the Plaint and Appeal is just an irregularity which can be corrected or because of this defect, the Appeal should fail?
So, I am just wondering whether the Appeal Court has done injustice to the tenant by such amendment.
Looking forward to your valuable guidance.
regards
Namitabh
9930 992 660
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To Sell the Property
We have Ancestral Property situated at Tal-Devrukh and District-Ratnagiri. Now Seven persons including me are the joint owner of the property and we want to Sell our Ancestral Land. But one of our Grand Father whose name was mutated in 7X12 Extract 35 yrs ago who is no more now and whose name is not now in mutation entry but he was having some childrens. Whose name are also not mutated in Mutation Entry since last 35 yrs and this Grand father and his childrens since last 35 yrs where stay we dont know as he left our Village since last 35 yrs. We tried to find out his and his childrens address but we didnt find it.All the Seven persons including me whose name are now 7X12 Extract are ready to sell the property jointly.
Now as we want to sell the property during Search Report made by our Advocate he pointed out this defect so we dont know what to do.
We are really in need of money and we want to sell the ancestral property but due to this defect we are unable to sell the same. Anyhow we have to sell the property.
Advice