pooja dedhia
22 May 2012 at 18:36
Mr x wants to purchase the property from the Mr.Y which is mortgaged with the bank.
His bank has issued the NOC:--
We would like to state that the original doc namely title deeds and charge on the said property will be released in favour of Mr Y subject to
1) Clearance of over dues in bill discounting & term loan
2) Offer of security worth rs 2 lacs to bank by june 2011
And the consideration amount of rs 15 lacs received for the part closure of term loan.
Query:
# Please what it indicate abone para in simple language?
# is “charge” mentioned in above para means earlier has anything to do with no liability in future
# has bank has to mentioned the name of Mr y or mr x(who is given the earnest money to mr Y)
# is word id require to mention the “free from all encumbrance “?
# what is more weightage between following two words
1) Release
2) Free from all encumbrance
# when earnest money as a part payment given by the Mr X TO bank of Mr y,WHOSE NAME should be mentioned in the NOC ?
# what is the care should prospective buyer has to take?
# how can he secure his interest?
# what help can Mr x take from the Bank of the mr y?
pooja dedhia
22 May 2012 at 17:35
The buider has to get the IOD For going to redevelopment project.
What is the full form of the IOD? WHAT IS STAND FOR?
Who issued this IOD & TO WHOM –Is it issue to the original landlord or the redeveloper?
Is it mandatory to mention the sanction floor?
If IOD do not state the sanctioned the floor,what does it meant?
If on a particular land, if there are 6 landloard are staying there,and 90% of land has been purchased by the builder & 10% of land is possessed by the former land lord,can builder has legally construct the premises on that? 10% holding landlord has entered I to agreement of dev, how it will impact in the future if there will be dispute bet 10% holder & the builder?
Rucha Pawar
22 May 2012 at 13:12
SIR(S)
we have done visar pavati , accordingly on tomarow's date we were suppose to prepare sathe khat but due to some reason we are postponing the same , does it make difference legally as we have not mentioned in visar pavati the consequenses of the same if not done in time what option we have , shall we give in written to owner of the same. or this visar pavati stands invalid if sathe khat not done in time .
please guide
thanks
vijayshree
07 May 2012 at 15:56
pls inform how long can i keep the flat in pagdi sysytem as it belong to my father whom i have lost n i do not stay in that flat nor utilise for any other purpose since 8 yeras , no electric consumtion ,only ration card of tt address , nor paid rent for last 6 years nor demamnded by the owner. pls advice . regards vijay
vijays
01 May 2012 at 13:02
hello i fld.a case to registered and possession of flat where no socciety formed but court not ordered as such .refunded money on agreement. and suggests for demanding ofsale deed.but as MOFA act if no society or apartment then final conveyance
G Naveen kumar
01 May 2012 at 12:44
Sir/Madam, It would be help full if any one
Help me regarding the Property(House)at
Balapur Village in the Venture of Nakhathra
Gated Community Survey No:32 Village:
Kothapet Mandal: Saroornagar Dist:RangaReddy
where I am Interested to Purchase, I came to know that 75 acres of land is being
Acquired for the DRDL RESEARCH FACILIRIES & SECURITY STRIP ARROUND THE BOUNDARIES OF
DRDL UNDER Notice Under Section 9(1) & (10) of the Land Acquisition Act-1 1894 &
NO:D/1055/2004
DATED: 06-07-2007 & any Stay order was taken by whole Village of Kothapet & Balapur as I was told By the Biulder/developer, Please any legal Expert to advise me regarding this matter. thank you.
Anand Shah
14 April 2012 at 11:48
WE ARE THREE BLOOD BROTHERS; LEGAL HEIRS OF A LATE FATHER WHO DIED IN 1996 AND MOTHER PREDECEASED HIM IN 1987. OUR FATHER HAS OBTAINED ROOM ABOUT 400 SQ FT. IN MATUNGA, MUMBAI ON PAGADI TENANCY ON MONTHLY RENT BASIS SINCE 1940.
WE HAVE STAYED ALL TOGETHER IN THAT ROOMS FOR A VERY LONG PERIOD OF TIME AND FATHER WAS A TENANT TILL 2007.THE LANDLORDS CHANGES FOR FIVE TO SIX IN MEANTIME BUT THE TENANCY OF THE ROOMS WAS NOT CHANGED TILL 2007, EVEN AFTER OUR FATHER'S DEATH IN 1996.
ONE OF THE BLOOD BROTHER IS STAYING IN ABOVE ROOM AND WE TWO BROTHERS SHIFTED ELSEWHERE DUE TO MARRIAGE AND EXPANSION OF FAMILIES DURING THE PASSAGE OF TIME WITH OUR OWN RESOURCES.
DURING 2005 OLD LANDLORD SOLD THE PROPERTY TO NEW LANDLORD WHO IS BUILDER & DEVELOPER WITHOUT CHANGING THE TENANCY IN OUR BROTHER'S NAME AND CONTINUED IN FATHER'S NAME TILL 2007.
IN 2007 NEW LANDLORD STARTED TO REDEVELOP THE PROPERTY BY ENTERING INTO AGREEMENT WITH OUR BROTHER WHO WAS STAYING IN THE ABOVE ROOM, TO HANDOVER THE FLAT IN A REDEVELOPED BUILDING WITHOUT TAKING OUR NOC. IN AGREEMENT OUR BROTHER HAD MENTIONED ABOUT INDEMNITY BOND SAYING THAT ANY CLAIM FROM ANYBODY FOR ANY LEGAL RIGHTS IN FUTURE, HE WILL TAKE RESPONSIBLITY IN CASE OF ANY DAMAGES OR CHARGES.
DURING 2007 WE SENT LEGAL NOTICE TO THE NEW LANDLORD OF THE PROPERTY AND BROTHER FOR OUR RIGHTS, CLAIMS AND INTEREST IN RESPECT OF THE ABOVE TENANCY ROOM AND ASKED NOT TO TRANSFER THE RIGHTS TO THE BROTHER WITHOUT OUR CONFIRMATION IN WRITING.
DURING MARCH 2012, NEW LANDLORD OF THE PROPERTY HAS MADE THE FINAL AGREEMENT WITH OUR BROTHER'S NAME WITHOUT CONSIDERING OUR RIGHTS, CLAIMS AND INTEREST IN RESPECT OF THE ABOVE TENANT ROOM.
PLEASE ADVICE AND SUGGEST PROPER LEGAL COURSE OF ACTION TO BE TAKEN FOR OUR RIGHTS, CLAIMS AND INTEREST IN RESPECT OF THE ABOVE TENANT ROOM.
Samarth
12 April 2012 at 18:15
Dear Sirs,
I am the landlord of 1938 built chawl in SOBO. There are acually 3 buildings in the plot but in 1960 due to partition petween the brothers the buildings have been subdivided along with the plots. This is recorded in the Land Rev office and each now pays a seperate bill for the corresponding areas.
There are few common passages between the buildings which on the records of the Land Revenue is shown as jointly owned by the three parties and also the land revenues are paid in 1/3rd proportion on these common passages
I would like to clarify if the 2.5 FSI that is granted in case of old cessed buildings would be based on the total plot area or on individual plots. What is the defination of plot?
Also is the FSI calculated on the basis of the built areas or built + passage areas?
Thanks.
akash
09 April 2012 at 17:41
Hello Experts,
I entered into an unregistered agreement to sell with a buyer. Due to a dispute, I wasn't able to fulfill my obligation and was ready to refund double the advance, as is the norm, but the buyer refused to accept. After the expiry of the agreement period, I sold the flat to a distant relative for 30% less than the agreement value from the first agreement.
Its been an year since then. The original buyer is threatening to file a complaint to the IT department and the registrar saying that I undervalued to the property which amounts to evading stamp duty. He says he wants 3 times the advance money instead of double (which was written in the agreement).
1. Is it not my prerogative to sell the property at whatever rate I choose, as long as its above the notified circle rate (which is the case here)?
2. The original buyer is not ready to accept double the advance payment, and has lodged a police complaint. The consideration value of the property is over 1 crore. The advance was Rs 9 lacs. If a case is lodged, shouldn't it be filed in HC and be civil in nature? The police is saying it would be a criminal case in a lower court. I have already given in writing to the police station that I have always been ready to refund the money. Can the other party still lodge a cheating case saying I am not paying the money (just to harass me), when in reality they are not accepting the amount to extort more money from me?
3. The property dealer is also asking for 4 times the brokerage, even though the transaction did not go through. Its worth mentioning that the unregistered agreement on a plain paper did not mention any brokerage rate. Is ANY brokerage payable at all?
Thanks You All
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Land acquistion under national highway act
1.NH ACT DOES NOT MENTION ANY PROCEDURE OF ISSUE OF AWARD BY COMPENTANT AUTHORITY FOR COMPENSATION AS IN CASE OF LAND ACQUISTION ACT 1894. CAN AWARD ISSUE BE COMPULSARY IN NH ACT 1956??
2.AWARD WHEN MADE BY COMPENTANT AUTHORITY CAN IT BE MANDATARY FOR COMPETANT AUTHORITY TO SEND THE AWARD INTIMATION TO LAND OWNER IN WRITING TO ACCEPT THE COMPENSATION UNDER ACT
3.CAN AWARD AMOUNT BE CHALLANGED TO NEXT HIGHER AUTHORITY
4 CAN COMPETANT AUTHORITY CAN MAKE AWARD WITHOUT RECEIVING AMOUNT FROM CENTRAL GOVT FOR LAND AND STRUCTURE ACQUIRED
5 SEC 3J WHICH STATES THAT LAND ACQUISTION ACT DOES NOT APPLY DECLARED UNCONSTITUTIONAL BY MADRAS HIGH COURT SO CAN LAND ACQUISTION ACT 1894 BE APPLIED IN CASE OF COMPENSATION