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Baskaran Kanakasabai   21 May 2010 at 12:12

Registration Act 1908

I gather from the answers of the experts and texts of Regn Act 1908 that:
1. the sale deed entered in to between buyer and seller of a land above the value of RS.100 is a compulsorily registrable non-testamentary instrument.
2.the notification under 4(1) of LAACT1894 is a non-testamentary instrument.
In the event of both the instruments being related to the one and the same land and the first instrument being registered and the second being unregistered which one of the two will take effect against the other under sec 50 of the Registration Act which is as follows:
"50. Certain registered documents relating to land to take effect against unregistered documents
(1) Every document of the kinds mentioned in clauses (a), (b), (c) and (d) of section 17, sub-section (1), and clauses (a) and (b) of section 18, shall, if duly registered, take effect as regards the property comprised therein, against every unregistered document relating to the same property, and not being a decree or order, whether such unregistered document be of the same nature as the registered document or not.
(2) Nothing in sub-section (1) applies to leases exempted under the proviso to sub-section (1) of section 17 or to any document mentioned in sub-section (2) of the same section, or to any registered document which had not priority under the law in force at the commencement of this Act.
Explanation : In cases where Act No. XVI of 1864 or the Indian Registration Act, 1866, was in force in the place and at the time in and at which such unregistered document was executed, "unregistered" means not registered according to such Act, and, where the document is executed after the first day of July, 1871, not registered under the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act."

Praful Dani   20 May 2010 at 10:35

Land under the ULC Act

Under the ULC (Urban Land Ceiling) repeal act, 1999, if the possession of the land has not been taken by the govt. before the law was repealed then does the land become free of the ULC act and can it be sold to anybody else ?

Deepak   19 May 2010 at 15:11

ancestors property

Sirs, our grand father (retired central govt employee have for daughters and one son who is elder to three daughters. All are married and having children.The son is a central govt employee and going to retire shortly. he is owning a good house. Grand father owns a own house and land worth 8 lacs. Grand mother died long back and grand father is being taken care by the youngest sister. Mean time she constructed a small room for safe staying. she is having a son of age 16. Her husband is temporarily employed. SInce the grand father is more than 90 he prefers to settle the property equally. But the son claims that grand father cant take any decision regarding this property and it solely belongs to him since he is having a son of age 28. Fortunately two sisters are well settled and other two are below the average. Please suggest me how to handle the situation to get the property shared equally. Do any women act attract this issue.

M S Prabhakar   18 May 2010 at 15:17

Basis for Maintenance Charges-Row Houses in a CHS in Mumbai

I live in a Society which has 267 flats and 4 Row Houses (RH). Each RH has been sold by the builder/developer through two sale agreement units (101 and 201) and registered seperately. The municipality (Municipal Corporation of Greater Mumbai) has issued a single property tax bill to each of these RHs (considering the total area of units 101 and 201 together). Units 101 and 201 are connected through an internal staircase.

What should be the basis for charging Society maintenance bills? Should each RH (101 & 201) be considered as one unit (as has been done by MCGM) and be issued a single maintenance bill or should seperate bills be issued for units 101 and 201?

Each RH (101 and 201 together) is occupied by one family per RH. In case of two of the RHs, the sale units 101 and 201 are registered in different members of the same family, while in case of two other RHs, both 101 and 201 are registered in the names of same family members.

Please advise.

kumar   18 May 2010 at 10:19

Reagarding gift deed

Dear sir,
i have many doubts in gift deed.

1. if in gift deed , donor mentioned that, you taken care of me nicely so i am gifting my property to you.
whether it is conditional gift?

2.in current situation there is some problem between donoe and donee, whether it can be revoke or cancel by donor by saying that u not taken care of me [ but in gift deed donor mentioned that,you taken care of me nicely so i am gifting my property to you] .

3. in above cases , donor discussed with lawer and lawer also said that we can able to cancel the gift deed and make a new gift deed in register office itself.
How it is possible?

gopinath.K   17 May 2010 at 01:15

property can be given to anyone refusing dauhgter

received the reply to above subject in addition to which further clarification is being sought.
Pl. clarify thatthe was taken from some poor family on the third day of born and head of the family those did not have child since married gave record in his company purely central Govt as his daughter and provided the facilities of govt till his retiredment.presently the man says that she is not my daughter and the house she is living with her husband and chindren is being given to the boy related to his wife side and the is having father and property and maternal uncles.
legally valid and purely now orphaned should be given up.

rathindra das   15 May 2010 at 10:53

land matters pune

Dear Sir,

very good morning,

with reference Notification bearing no TPS 1899/290/CR-56/99/UD-13 dated 22/09/1999 issued by govt of maharashtra declaring villages situated in Taluka Mulshi, District Pune as "Hill Station", I have the following query which I would highly appreciate if you may confirm the follwoing|:

1. My employer company has purchased land admeasuring 1 acre in the said designated area and wishes to construct building on the said land. In this connection, I would like know,

what is the permitted area range with respect to the following:

a) BUILT UP AREA
b) FSI
c) ground coverage area


I would remain highly obliged and benefited if you may kindly clarify the above queries or in alternative direct me to the concerned person delaing with the aforesaid issues.

pratik   11 May 2010 at 13:21

Partner

1) What is ostensible partner ? It advantages and dis - advantages ? Right & Laibilities of ostensible partner.

Case laws on ostensible partner.

2) what do u mean by property card it uses with the advantages and dis - advantages ? Under which section property card is define.

3)Difference between apparent authority and implied authority.

4)Counterfeit claim & damages means what?

5) Exemplary dmages & vindictive damages explain in detail withthe examples as per indian contract act, 1872.

Thanking u all experts in advance.

Bhavin   11 May 2010 at 10:52

VAT on property before April 2010

I have registered my house before 1st April 2010. My builder has charged me 5% VAT on the flat value. According to what I have read and found out from friends, there is a bombay high court stay on 5% VAT charged before april 2010. Is there any notification that we have to pay this VAT ? Is there any law protecting the consumers in such a case ? I need help urgently. Thanks.

vineet advocate   08 May 2010 at 13:03

agreement

can any one provide a draft of REITERATE AGREEMENT ?
REGARDS
VINEET KUMAR SRIVASTAVA
09968742373