Anonymous
08 July 2011 at 12:46
I have seen a query anwered by experts which states that special power of attorney for sale of immovable property is compulsorily required to be registered.
Can the experts anwer with reference to the section of the registration act?
According to me if the executor of a document gives power of attorney for presentation of the said document for registration then that power of attorney is required to be authenticated.
But if the document itself is executed by a power of attorney who himself presents it for registration the said power of attorney is not required to be authenticated.
Kindly enlighten with the provision of registration act.
Anonymous
08 July 2011 at 12:12
Hi,
Court auctioned a property of the accused in a recovery suit and a party won the bidding and paid the amount to the court, way back in 1960s. Court passed all the rights to the Party that won the bidding and asked to have the mutation done with the revenue department to get the perfect title. The party approached the government for mutation. Meanwhile there were several cases in both lower and high court contesting the legality of the acution. But all the courts upheld the auction.
Still the mutation is pending. We have the following questions.
1) Is there any time bar on the mutation?
2) Is there any time bar in approching the court on its earlier order?
3) Is there any time bar in asking the court to implement its earlier order and handover the property or equivalent property or any other compensation?
4) If cash compensation is asked , what would be the interest rate and how would be the opportunity cost calculated?
5)Which is the best option, either going to the government and pursue the mutation or going to the court asking to implement its earlier order?
Thanks
amit
07 July 2011 at 17:55
regularisation of unauthorised alteration bmc
which is the year, unauthorised alterations before which is regularised ?? all the details is psbl along with the judgement or circular's link....
thanks
K.K.Ganguly
07 July 2011 at 14:09
Would Ld.Experts kindly enlighten me on thr following?
I am to file caveat for a property against any attempted injunction by one Mr.X in Barasat Court (both Sr. & Jr. Division), Sealdah Court & also at High Court. I want to know
(1) Whom should I file the Caveat petition at High Court? I.E. whom should I address it to? For Barasat Court I address it to " In The 1st Court of Ld. Civil Judge (Jr. Division) at Barasat". For filing Caveat at Calcutta high Court whom should it be addressed to?
(2) Shall I have to file Caveat at City Civil Court also at Calcutta?
Kindly advise me sirs. it is urgent.
C.A Alok Mukherjee
07 July 2011 at 14:09
I cam up a peculiar situation
The property is more than 70 years old and no sanctioned plan of the house is not available to the seller the seller also bought the property in 1982 from the previous owner. The seller is about the age of 80 years now and for him this copy may be with kolkata corporation.
The copy of mutation and Corporation tax receipt are all in the name of owner.
The bank is not agreeing to provide any loan without a valid sanctioned plan copy.
Now my question is
1. Is the copy of sanctioned plan is a must document for the buyer.
2. Without it whether buying of property would be risky? As a buyer if my share of occupation is drawn by a structural architect and registered by a planner would it encompass the purpose?
3. No banks are agreeing with to pursue for a bank loan without the sanctioned plan copy hence to go for it we have to pursue with own finance which is not feasible also.
4. If the seller own copy of mutation and pays corporation tax is that not serve the purpose?
Please advice as a buyer what should i to do? I am in helpless condition.
jach000019
07 July 2011 at 13:21
as a executor i have to apply for the probate of the will in mumbai and make the release deed but
(1) since my sisters are living out of maharasgtra so after tking the power of attorney from them can i or somebody else since i am also the beneficiary sign on behalf of them in the consents which has to be submitted in the court for applying the probate.
(3) can i or some other person can sign in the release deed on behalf of my sisters.
(2) is it compulsory to issue the public notice in the papaer of their states?
(3) i have their old notarized consents about the will i can use those consents or i have to collect the fresh one ?
(4) if consents are not submitted and than court will send them the notice about their objection if any they have and once the notice period is over court will issue the probate, here i would like to know what is the better to sign on behalf of them by taking their POA or wait for the time of the notice period secondly is somebody can onject about the probate once the notice period is over and if yes than objection can be raised in high court of mumbai or at supreme court.
Prashant
06 July 2011 at 17:35
We have purchased a flat in Navi Mumbai of which area are as follows: Carpet Area of flat : 349 sq.ft. Attached Terrace Area: 353 sq.ft. But while agreement builder has mentioned 349 sq.ft. carpet area of flat and terrace area as 87.25 sqft which is 25% of 353 sq.ft. My queries: 1) What terrace area should be mentioned in the agreement? 87.25 or 353. 2) We discussed this with builder and he has agreed for correction deed. but he says that in Index II, in area related details, there is will be mention as "as per the agreement" and not the the carpet area and terrace area(whole). Please advise.
JAYAKUMAR
06 July 2011 at 16:13
SIR, I HAVE AVAILED A HOUISNG LOAN WITH ICICI BANK FEW YEARS BACK, THEREAFTER I SHIFTED THE LOAN TO ANOTHER BANK, BY WAY OF TAKEOVER. ICICI BANK MISPLACED MY ORIGINAL TITLE DEEDS AND I COULD GET ONLY ATTESTED COPY OF THE ORIGINALS, FOR WHICH THE OTHER BANK WANTS INDEMNITY BOND TO BE EXECUTED FOR THE LOST ORIGINAL TITLE DEEDS. CAN ANYONE FURNISH ME THE FORMAT FOR THE BOND TO BE EXECUTED, SO THAT I CAN GET IT EXECUTED.
Uday kumar
06 July 2011 at 15:57
Hi,
In April 2010 we received a notice from bank that my grandmother was guaranter in a loan furnished in 1985.In this loan a paper of sale deed of my grand mother is mortgage in favour of loan and loany becomes defaulter So,bank send this notice for settlement of loan.This is the first notice from bank.After, receiving this notice we enquiry about that property we found that this property was recorded in the name of other person on the basis of fake survey instead of my grandmother according to local Karamchari record and in half portion of that said land a house persent of other person and he shows a fake paper of sale deed of that said property .This was happened after mortgage of that sale deed.Then how this property was recovered to me please help me?Is bank responsible for recovery of this propety because this saledeed is mortgage in the bank?Before recovery we settle loan with bank or not,please help me?If bank is responsible for recovery then what type of action take against bank .If not then what can i do for recovery?
Please, mention appropriate way, laws and acts if possible?
thank's
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Inheritence: Muslim
A widowed muslim women has two children, one male and one female. The daughter is married with one female child. The women has following properties
1) One house in her name which was purchased by her late husband
2) An agricultural land (1acre) in her name, which was purchased using the money she received from her father as her share (father was an agriculurist).
3) An agricultural land ( 1 acre) which was in her husbands' name ( husband had inherited the land from his father who was an agriculturist)
4) one plot of land she purchased using the money she received from insurance companies (form death of her husband).
The women wants to distribute these properties among her two children and the children have agreed for the same. What is the best possible way to do this?. can the women gift individual properties to her children with the other acting as consenting witness, or she has to wrie a will. Do anybody else have claim over the property.The parents of her husband are no more.Also of her parents, the father is no more and mother is alive.Both her husband as well as she have brothers and sisters