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Naveen Kanth Dasari   27 June 2018 at 13:36

Cancellation of agreement of sale cum gpa

Hello Experts,
I have a query regarding AGPA.
My father and two his brothers executed AGPA in 2006 pertaining to a joint property of 2 Acres and it was mentioned in the AGPA that the GPA holder paid an amount of Rs. 60 Lakhs towards total sale consideration, however the amount was never received by my father or my uncles and till now the property is in the possession of my father & his brothers and till now the GPA holder has not approached us for execution of Sale Deed. So, my doubt is whether the GPA is still valid after 12yrs and what is the time limit of AGPA and the whereabouts of the GPA holder is unknown. What is the procedure to cancel the AGPA without the consent of the GPA holder.
Plz need your advice

Thank You.

Gunavant patil   26 June 2018 at 19:29

Second property ... owner

Sir,
I am salaried person and having one property (2 bhk flat). Now all home loan cleared of this property. Presently i have book the another flat (2 Bhk) still registration is pending. I am planning to register the second property on my wife name. can you brief me followings:
1. what is benefit in terms of money ?
2. what is benefit in terms of income tax? and which ITR should i have to filled if second property buy on name of wife ?

Mohammed Rizwan Shaikh   24 June 2018 at 22:32

Section 39 cpc and dec. suit u/s 34 sra

Hi Experts,
An agricultural land 18 acre in Maharashtra was gifted in writing by a muslim MR. X to his muslim wife MRS. Y in the year 2013. The said gift deed was executed in front of bonafide citizens and advocate. The possession of the said land was accepted by MRS. Y. Thereafter, Mr. X expired in the year 2017. The legal heirs from the first wife of Mr. X are claiming rights on the said land being aware that the said land has been already been gifted to Mrs. Y. The legal heirs made an application to incorporate their names on the 7/12 extract. Pursuant to the application and objection of MRS. Y, the Tehsildar and Talathi directed the applicants to get the legal heir certificate from the court. The legal heirs are now trying to create third party rights and trying to encroach and disturb the possession of the said land. The said Gift Deed has not been challenged by the legal heirs.The posession is still with MRS. Y.
Mrs. Y is intending to file for Temporary Injuction under 39 CPC and Declaration Suit under 34 Specific Relief Act.

Should MRS Y go ahead with the filing of the above cases or please advice the better section in which the case can be filed?
What would be the Court Fee for an 18 acre land?
Who should she make party to the suit, the legal heirs and Tehsildar/ Talathi?
Please please cite some judgments

Please Please help.

Mohammed R. Shaikh

RAMBABU   24 June 2018 at 12:59

Substitution of name of husband in place of wife

MY DECEASED WIFE WAS AN APPLICANT IN BPTP ( BUILDER), AFTER PAYING MAJOR INSTALLMENTS SHE DEMISED. NOW WHEN MY ONLY DAUGHTER RELINQUISHED HER RIGHT IN MY FAVOUR THE BUILDER ASKS TO APPLY AFRESH FOR SUBSTITUTION, WHEREAS MY SAY IS WHY A FRESH APPLICATION IS NEEDED WHEN A BOOKING IS EXISTING IN HER NAME AND I WANT MY NAME BE SUBSTITUTED. WHAT IS THE LAW IN SUCH CASES.

Stephen   24 June 2018 at 11:03

Os - plaintiff - evidence related hearing

Dear Respected Sir / Madam, I am standing as GPA for my friend who is plaintiff and living in abroad, who got cheated of plot and have filed OS5854 in 2016... since then the case has progressed back and forth. Specially in the last 2 months over 4 iteration stood for cross examination and has completed. The next hearing has been posted for evidence again.. in this regard kindly give your valuable legal opinion / advice as to who I/will happen at the evidence what is expected of me to produce / defendants are likely to do. Also during the past 4 iteration of cross examination... all question put forth by defendant advo was subverting questions.. and how and when we get to counter those along with their written statement... Appreciate all your help and guidance.

Thanks
Stephen

Shaik   22 June 2018 at 16:57

Land issue

Hi Sir,
My Father has 3 brothers and 1 sister. We have a land of 250 yards which is on the name of my father Mom. Now there is a fight between the brothers that equal share has to be given for every child. As we are muslims. How to solve this, my father say as per muslim law we will give only 35 yards money to her sister by every brother. My father brothers are not accepting and they are following the Hindu Law and asking for equal share. Please let me know how to solve this.

Member (Account Deleted)   21 June 2018 at 10:14

Window safety box grill legal in CIDCO Navi Mumbai?

Hello Sir,

I live in Ulwe ,Navi Mumbai where CIDCO is administrative authority.

I have installed window safety box grill in my balcony.

This grill is extended 18' outside my Window balcony , now society is questioning me about my window grill.


Is it legal to have safety grills installed on balcony ? If yes What is maximum extension is allowed?

Thanks a lot in advance for help !

Anonymous   20 June 2018 at 11:27

Area of land is different in 7/12 and 32 m certificate

On 7/12, we are owners of agricultural land with Tenant. The Tenant has obtained 32 M as per Tenancy Act Maharashtra which shows some excess land in his name than 7/12. Now we want to sell land to Developer. Which area is authentic 7/12 or 32 M?

Aditya   20 June 2018 at 01:28

Whom should i approach co-op. court /city civil /high court

I am resident of Mhada colony vikroli (E). There are total 32 tenants in our society , it’s a ground + 3 floor building. Our Managing Committee decided to go for redevelopment and accordingly a developer was appointed in year 2015 . A Development Agreement was signed between Soc. and Developer in year 2015. There was no moment from the developer side for last 2 years , but 2 months back we got a notice for eviction of the flats for redevelopment process . I am not aware of the details what the developer is going to give carpet area /amenities . So I asked the Secretary about the details (Development Agreement + Power of attorney ) signed and given by the Soc . to the developer .
Managing Committee is not ready to give me the details saying that I am not the member of the soc. After death of my father my mother is the owner of the property and she is the member of soc. As per society Record.

So request letter was send to the soc. to provide all those document on behalf of my mother . But now the Managing Committee has come up with new excuse , we cannot provide you the Development Agreement copy since it is confidential . If I am not wrong Co-op Housing soc. has to provide all the document to the members on his/her demand. But still they are not ready to give us those documents…
Builder has already issued a notice to the society members for eviction of the flats 2 weeks back.

Now my question is where can I get relief, should I go to Mhada or should I go to the court for relief .

And in which court Co-operative court / City Civil Court or High Court .
I have already applied for all those documents from the deputy Registrar (Mhada). Registrar has send a notice to the Soc. for those documents . But still the Managing Committee is not ready to give me those documents .

Please give me some guideline.......
Thanks....

Anonymous   18 June 2018 at 14:38

Long term capital gain

Respected Sir/madam,

We had an ancestral COMMERCIAL property and from there we have received a profit of Rs 4 lakhs only. Can we further reinvest it by purchasing a commercial property again or can we buy a residential property or we need to invest it in NHAI or REC respectively or we need to pay tax on capital gain @20% of Rs 4 lakhs.

Please suggest. It would indeed be of great help.

Thanks & Regards,
Gautam
Mail id : yourjob35@gmail.com