Arati Gawde
30 July 2012 at 22:17
We have with us government records which show that we are staying in our village’s house which is situated in Sindhurga Dist. from 1959 – 60. Therefore, we are intending to file case to insert our name on 7/12 extract as Kul. And one of the requirement / annexure before submitting case to Tehsildar is “Grampanchyat’s Certificate”, which shall must be passé in General meeting. Due to some local pressure Grmpanchyat are giving some irrelevant excuse and not inserting this point in agenda in their meeting, & therefore we are not getting Grampanchyat’s Certificate. (We were furnished with our application all the relevant proofs in Grampanchyat which we have with us till date)
Kindly tell what is the solution available for us? (I have read somewhere that there are some different rules / regulation especially for the Ratanagiri & Sindhurdhuga Dist.)
Mousumi
30 July 2012 at 09:28
My father is 72 years and have received property from his Brothers and Sisters on 29th Jan 12 by way of gift deed. He paid the stamp duty for the same.Now, he is selling the property. On Jan 12 price as per govt was INR 1 Cr and now he might get INR 2.3 Cr . He would buy another property as this was the sole propoerty in his name which he is selling. What is the tax implication for him . Please guide us.
Regards
Mousumi
Sadanand B. Panchal
29 July 2012 at 23:22
Respected Sir,
I am residing at Karle Chawl constructed in 1933. The Chawl situated at a plot for which Property Register Card shows Original Occupant as one Alloyisiues Rodrigues. In 1973 the said owner had transferred the plot to the Co-operative Housing Society by a Deed of Conveyance under which the owner shown his property as “ The vender being absolutely siezed and possessed or or otherwise well and sufficiently entitled to the land hereditaments and premises together with the several structures standing thereon save and excepting those belonging to Shantaram Laxman Karle situate lying and being at Survey no. 316...... and more particularly described in the 1st Schedule-I herein after written (hereinafter referred to as “the said property”) has by agreement by sell dated 17th day of April 1972 agreed with the confirming party at or for the price of Rs. 3,25,000/- calculated for area of 2470 square yards....”
The said deed of conveyance was signed on 28-02-1973 and Registered at the office of the Sub-registrar on 1-03-1973 and the schedule-I of the properties was shown as “ All that piece and parcel of the land hereditaments and premises together with the several structures standing thereon save and excepting those belonging to Shantaram Laxman Karle situate lying and being at Survey no. 316......”
Here “those belonging to Shantaram Laxman Karle” includes our Karle Chawl and its appurtenances and right of access.
Would you please to explain me that whether this deed of transfer is valid or complete even if there was no transfer occurred in respect of “those belonging to Shantaram Laxman Karle”. What is the legal meaning of “ Save and excepting those” in the Agreements, Deeds or covenants?
By obtaining the above referred deed of conveyance the said Co-operative Housing Society is claiming to be the absolute owner of the entire plot and also constructed a 16 storied building by fraudulently utilizing a quantum of T.D.R. of our Chawl without consent of the owner and occupiers of the Karle Chawl. Please explain me whether the building permit granted to the said society is null and void or not?
Thanking You
Sadanand B.Panchal
Dinesh Sharma
28 July 2012 at 18:14
I gave some money to a Farmer but he could not repay the amount and agreed to transfer 1.5 acre of land (out of 5 acre) in to my name to settle the account.
But registrar denied to register as there was lease pendency mark on 7/12 abstract because there was a family dispute among brothers in relation to unregistered Vatap Patra (division of property made by their mother who is alive also). Case is pending in the court.
He execute a Notarised Sathekhat Agreement & POA in my name.
How can I got register that portion of land in to my name ?
krishna
26 July 2012 at 23:07
Dear All,
My friend has purchased an apartment with 650 Sqft area,but the same has been mentioned as 700 Sqft in the sale deed, is it possible to rectify the sale deed,what will be the problems if he doesnt change that mistake
Amit
26 July 2012 at 19:33
Hi,
I purchased property (before marriage) but I am undergoing divorce proceedings. Property is on my name.
How can I prove that the property is jointly owned by my family?
Thanks
sham arora
26 July 2012 at 13:57
sir,
this is regarding a flat in mumbai,which is owned by my late Maasi. The flat was purchased by her in 1970, She has no children from her marriage and she died abt 10 yrs ago. and,she gave a poa to my mother to maintain and lease the flat, Her will probate application was dismissed by the court as my mother was unwell and unable to attend the procedings.She(my mother) died in 2010 and the flat was vacated by the tenant in nov 2011. She had written to the society that I will be paying the maintaining and leaseing the property after her death. The soc is not allowing me to enter the flat and asking for the probate of the will which will take a long time . I have been adviced to apply to the deputy registrar and ask for entry as a "legal representative" of the deceaed and also as the only living hier ,to apply to the deputy registrar to admit me as a member and transfer the share certificate in my name under sec 23 c ! Is this a correct way of doing this ! As there are no other legal claimants of the property,can the deputy registrar pass such an order ? if yes then what is the next step ? will the soc disallow the order ? or go for appeal then what is the procedure to be followed ?
Syed
26 July 2012 at 11:48
Dear Sir,
My father was purchased a land 20 years back, after his retirement we plan to Construct a house there and we started construction last year oct. 2011 Our land had three side compound wall and the front(West) side having road. The south side compound wall was already constructed by our neighbour 15 to 20 years back. we leave a gap of two and half foot from house wall to that compound wall, Initially they started quarreling with us that they have land of half foot, then after they started quarreling what ever land we left b/w there compound to home wall is there's only. we went to revenue office and lodged the compliant, a Government surveyor had came to measure the land, he also declared as per our land patta, we have land. But the neighbour started quarreling with him also. they even would not allow us to work in that area, we stop the work last 2 to 3 months, when ever we go construction area they start quarreling with us and using louse word and scolding what ever they want. The surveyor also afraid about them and he gave a report "we have land as per Patta but this dispute b/w us resolve by mutual understand". They are not ready to lesson a single word and they strictly stand to fight with us. They want to sell our property to us.
Could any body kindly show a proper way to resolve this issue (want to construct our own compound).
Thanks in advance
Nidhi
26 July 2012 at 09:46
Dear Sir,
One of my client is shopping Mall, who has given shops on rent to retailers for which they have entered ito an leave & licence agreeement with them. In agreemnet they have also inserted a cluase of having minimum Rs. 1 cr. as paid up capital of retailers. In few cases they have not inserted such clause. If paid up capital is below Rs. 1 Cr. then Maharastra Rent Control Act will be applicable. I want to know what are the provisions of MRCA which will not be favourable to Mall owners & hence they have to ensure minimum paid up capital clause in their agreements.
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Partition act
single dwelling house whree familymembers ar coowners. one of thefamily membes has soldhis share to a person who is not a memebr of the family, a stranger totally., the family membes have availe a stay and has prevented thestranger/transferee in getting possession/entry into the property. he has now filed a suit for partition. the family membes are clear that the property should be retained as asingle swelling house in memory of the "grandfather" and where teh famly memebrs could meet periodically. The stranger has purchased his hsre for 9 lakhs as per the document. In case of the court decrees the sale of his portion to any of the famly member indivudually or severally, what could be the upset pricew that the courtr could decide. AFter the stranger transferee has investsed in this share knowing fully well the facts and the provisions of the law. Should the other co-owners have to pay the price for a bad investment or the stranger transferee pay for the loss in hi sinvestsment ?