Anonymous
29 July 2011 at 14:55
Dear Experts of the Forum,
In a case, land was acquired by state govt.( AP state) in the year 1993.The compensation is also decided, but for want of Urban Land Ceiling clearance;the prepared cheque had not issued to the beneficiaries (*). Now the clearance from ULC authorities is obtained .
My question is (1) The procedure for getting this compensation,(2) Because of for enhancement of compensation?this abnormal delay, can the beneficiaries ask
(*) {The matter was referred to the court along with cheque. But the court send this cheque back to the revenue authorities for revaluation of the Validity of the cheque, which the Revenue authorities didn't do and kept the cheque with them for all these days. this was traced out during our enquiry, recently! }
Please suggest me ,the way out to this problem.
Thanking YOU ALL in advance ; expecting an urgent reply ,PLEASE.
Meghal
28 July 2011 at 16:49
if one of the seller is not present during registration of a agreement what kind of rectification deed is required to re register and what may be the charges
Raghavendra Kumar Dilli
27 July 2011 at 21:25
I am from Visakhapatnam, Andhrapradesh.
I am planning to buy a flat in visakhapatnam. The owner of the property took a loan from a financier and they executed GPA sale by the owner on the name of the financier. Now the owner would like to sell the property and the GPA Holder ready to cancel the GPA Sale execution deed by mutual agreement of cancellation [The owner will repay the loan amount to the GPA holder cum financier]and the same document will be going through the register office and once the GPA cancelled by the registration office then in the next moment the original owner's name will be displayed in the EC and then the owner can register the property on my name.
This is what the plan the owner told me.
Please let me know can this be possible and can I buy that property and will there be any legal problem comes from the GPA holders in future or by the owner?
Anonymous
27 July 2011 at 20:45
Limitation act will not apply to Usufructuary Mortgage. Mortgagor is entitled to redeem the property even after 30 years. Is that correct?
Case name: SUPREME COURT
2005(4) RCR(Civil) 841 Harbans V Om Praksh and Others
Panchanan Sharma v.Basudeo Prasad Jaganani& others JT 1997(10) SC 553
High court of Punjab and Haryana, Chandigara
Karnail Singh & ORS V Dharam Singh
Harbans V Om Prakash
Kirtiman Kohli
27 July 2011 at 16:48
Sir,
I had bought a property in 1995 which later turned out to be disputed. Now, the other party has charged me with section 145 crpc. They have put in a case on 29/4/11 of an incident which occurred on 6/4/11. I received a letter on 23/7/11 about the following and that they SDM had called me on 25/7/11. Now, the SDM has decided the date of hearing to be 25/8/11. So what can be done till then? Is the section 145 valid for over 2 months? Or can I put a civil case so that the case of section 145 can be quashed? Please guide me about the same. I will be highly indebted.
Thanking you
Your's faithfully
Kirtiman Kohli
Anonymous
27 July 2011 at 00:07
My neighbour has a 30yrs old 5000sqft property in Bangalore. It was Litigated for 20+ years. He won the case in Court and Execution Orders are posted to be heard in 08/2011. it is felt that, after the execution, there will be a re-entry by the tenant as she is in 'contact' with a rowdy. What is the protection that one can expect from the Police. In general, is there any relief/provision available for an old(58) person???
Anonymous
26 July 2011 at 14:24
Is 70-30 law applicable in Chawl redevelopment in Mumbai? If yes then how a person who is paying 50% more rent than others will fight legally on this. We were paying this extra rent for more than 100 yrs, because our room was bigger than others. But builder giving us same area what he is giving to others.
And now he has started harrasing us with the help of MHADA with MHADA letters threatening us to evacuate forcefully. He is also not maintaining the property properly like improper water supply, bad savage system, lighting problem in the evening and many more.
Our chawl property were having very huge FSI, because we were having two grounds with 4 store building.
Waiting for your reply...
Thanks in advance
Anonymous
26 July 2011 at 11:09
my father has purchased a room in chawl in 1982 withour executing any document. he has paid 1/3rd of the consideration and remaining is paid by my grand father. however, my father has a paper containing all the details of the transaction and the signature of the Vendor. its not a stamp paper but has a revenue stamp. the ration card and electricity bills stands in my father's name.
it must be noted that the Vendor from whom my father has purchased was not legal owner, in fact no one was the owner of the said property.
We are living in the said property since 1982 without any disturbance and objection. however we received one legal notice from the court stating that we are not legal owner of the same but after that nothing has happened.
now said property is going under development and for that purpose the society has been formed by the members of the area.
Now, because of higher market rate of the property, my grandma and my uncles claiming rights in the property. my grandma says the property belongs to my grandpa as he has paid part consideration. they wanted my father to transfer the property in my grandma's name. they have executed a declarations in that regard and taken signature of my father. they have agreed to give my father 60% and remaining to all other legal heirs. the said declaration further says that my father has no objection in transfering the said property in my grandma's name. the said Declaration is notorized and signed by my father.
Anonymous
25 July 2011 at 19:29
I was going through some case laws it is held that Limitation act will not apply to Usufructuary Mortgage. Mortgagor is entitled to redeem the property even after 30 years. Is that correct?
Case name: SUPREME COURT
2005(4) RCR(Civil) 841 Harbans V Om Praksh and Others
Panchanan Sharma v.Basudeo Prasad Jaganani& others JT 1997(10) SC 553
High court of Punjab and Haryana, Chandigara
Karnail Singh & ORS V Dharam Singh
Harbans V Om Prakash
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Whether oral agreement is enforceable
The question placed here is - Whether oral agreement made between two parties for tranfer of immovable property before 20 years can be enforced. One of the person who agreed to tranfer and complete the registration has died ,after receiving the full sale consideration leaving behind his 2 sons who refuse to complete the registration. The subject property is in possession of the other living person who is paying all the statutory dues and is enjoying the same. Original documents of the property had been handed over to him but pending registration.
The query is
1. What suit should be filed by the person with original docs & who is in possession of the subject property pending registration for completion of sale to enforce his right.
2. Whether oral agreement can be enforceable if so, with SC precedents
3.Can be compel the two sons to complete registration, both have not objected of the oppponent enjoying the said property till date for 20 years.
pls clarify the above issues