Ashwin Mehta
25 February 2018 at 16:05
I recently read an article where in it has been suggested to go for 'REVOCABLE TRUST" instead of usual "WILL" for transferring immovable assets to your own children.This type of Trust is considered as an alternate to WILL.These are formulated to avoid "PROBATE" as many a times to obtain a probate from competent court of that jurisdiction is cumbersome, mainly because the "Fees charged by certain advocates gets Proportional to the value of the assets". I overheard that in city like Mumbai and Delhi it goes upto 10% of the Market Value of the Property .!!!!!!!!!! Is this true ?? Please advise.
B Dutta
25 February 2018 at 11:39
Hi,
I am the complainant for a case filed in consumer count. Case is related to builder(OP) delayed delivery by 3.5 years and misused Force Majure clause to give nominal compensation - my petition is for fair compensation.The OP filed the questioner and I am asked to reply notarised. My question is while replying do i need to put the question line (the actual question) and below that the answer ? Any other thing other than verification/affidavit need to include there in reply?
Thanks,
B Dutta
Mehta
25 February 2018 at 10:41
Deed of confirmation along with conveyance deed lodged with sub-registrar for registration in May 1995 is showing pending. Secondly the consideration amount is not paid by purchaser hence the physical possession is not given by the seller, under this circumstances, can seller withdraw the documents filed for registration.
vinod kumar singh
24 February 2018 at 11:31
where to register apartment association
Anonymous
23 February 2018 at 21:05
Dear Experts,
Me and my brother jointly own a flat in mumbai. As he didn't had enough money to buy his 50% share he applied for a home loan with SBI, Our shares are not defined in sale agreement done between us and the builder, but I am the First owner in the sale agreement. I paid my share by selling my under construction house. Even though he has sufficient income to pay the Emi's, Bank asked for co-applicant as per their rule. So I became the co-applicant in the home loan. Since then the EMi's are paid by him only.
Now due to some family disputes I don't wish to stay with him. I offered him his 50% share with the equivalent appreciation on it, but he refuses to leave. The offer he is giving is too low as per market rate of today. I also offered to sell it to third party and share the consideration in return, that too he refused. He said he wont leave the house nor will sell. I am stuck in between as I am not getting my money or property and also have home loan liability on my head. My income is that much, I can't even go new home loan because of the present loan going on.
In the above situation what legal action I can take to come out of it. Is there anyway to come out the home loan burden at least. I can transfer my share to my wife, if required. Kindly help.
Thanks in advance
DATT K
23 February 2018 at 09:17
On the stamp paper names of first party and second party are to be mentioned. Please advise in case there are 4 joint owners purchasing a property, whether names of all joint owners are required to appear on the stamp paper against the column SECOND PARTY or only name of the first joint owner will appear and there will be no problem. that is WHETHER it is mandatory to show names of all 4 joint owners on the Stamp paper to make it a valid sale deed.
Anonymous
22 February 2018 at 20:37
I have a 1.50 acre Land in AP. I got it from My Father (S.Narayana) as legacy. It is an ancestral property. I have pattadhar passbook.
Its Survey number is 335-10.
Due to childrens education, i shifted to City 5 years back. I left the Land vacant.
By taking this advantage My neighbour Farmer took the possession illegally.
They are Not allowing me to Enter Land With Thier local political Power.
I went to Advocate and filed permanent injuction suit and Court sanctioned temporary injuction order. During Court proceedings opposite Party submitted Sale deed claiming this Land.
Facts of Sale deed:
Year:1974
S. No: 335/2
Claimant: D. Devudu
Executant: S. Ramarao
Out of 9 acres in Survey number 335/2,
1.24 acre Sold by S. Ramarao to D. Devudu.
Facts of Survey number :
As per available revenue records,
1958 revenue record Shows as 335 Survey number is sub divided into 335/1 and 335/2.
335/2 is of 9 acres and owned by 6 members namely,
1.S. Rambabu
2.S. Atchanna
3.S. Venkanna
4.S. Apparao
5.S. Lakshmanrao
6.S. Suryarao
Relationship between 1st person S. Rambabu and 3rd person S.venkanna is Elder son and Father.
S. Venkanna has two sons.
S.Venkanna's younger son is S. Venuswami.
S.Venuswami Has one son, His Name is S. Narayana.
S. Rambabu has one son, His name is S.Ramarao (executant in Sale deed).
Remaining 4 are others.
In that Record each one share is Not mentioned.
But off the Record 6 People Partitioned Land. Partition done orally. No written Document is Not available.
In 1967, 335/2 is re-surveyed and sub divide as 335/5 to 335/12. In 1967 revenue Record , 335/10 is of 1.50 acre is in the name of S.Narayana(son of S. Venuswami). Whereas S.Ramarao Name is Not mentioned in 1967 Record.
Sale deed executed by S.Ramarao in 1974.
In that Sale deed new Survey number for 1.24 extent is Not mentioned. Old Survey number 335/2 is mentioned.
I have submitted These Details to My Advocate. He said there is no Problem With that Sale deed. It is thier Problem to prove Sale deed is related to our Land.
It is very clear That Prior to Sale deed(1974), We have revenue record 1967 clearly showing 335/10 is in the Name of S.Narayana. Where as sale deed is executed by S.Ramarao who is Not the Owner of Survey no:335/10.
They might purchased other Land in 335/2 out of 9 acres. They are claiming your Land by showing other Land Sale deed. No Need to worry, WE will get permanent injuction.
I Need experts view on this case. Please Express Ur opininon.
MOHAMED FIROZ
17 February 2018 at 14:13
We are Muslims living in Tamil Nadu. My elder brother has gifted a property owned by him to three of us ( myself, my son and my wife ) under a single hibanama ( Rs. 20/- Stamp paper) ten years back. Based on this Hibanama I have constructed a building on this site and have got the EB connection, Water connection and Drainage connection in the name of the three persons (donees). The property tax receipts are also bear the three names together. The rent accrued from the building is also divided equally and the rent receipts are given individually. The income is also shown in the Income tax returns and since below the tax limit, no tax.is payable.
Since the Hibanama is only on a piece of paper, I now want to register it and get for the property a registered document to facilitate future sale purposes. I heared that a Hiba must be registered within four months. Can this Hibanama be registered now? What is the stamp duty applicable on this registration process in Tamil Nadu?. What is the procedure to be followed? Please give your esteemed advice.
MOHAMED FIROZ
Anonymous
16 February 2018 at 11:00
Hi,
I am referring to below link detail . Construction on guntewari land is legal now? I am planning to construct house ( following FSI and construction guidelines) on 3R land in Jambe,Pune ( PMRDA Area). The current land status is agriculture no development .
http://www.afternoondc.in/city-news/govt-dilutes-gunthewari-act-to-let-common-man-purchase-land/article_153844
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Agriculture land
hi, I am residing in Gujarat and completed my civil engineering degree. Actually I want to buy an agricultural land for the same purpose but nobody in my family is related to agriculture industry (agriculturist). Please let me know is their any way to buy agricultural land?