Anonymous
07 April 2011 at 10:39
Self & spouse are the joint owners in a residential property. The entire cost of the property has been funded / paid by self & without any amount paid from the spouse. The property is in the state of Maharashtra & is registered with the relevan statutory authorities & the stamp duty & registration fee paid at the time of buying the property, about 5 years ago.
My query is: i would like the spouse to be the sole owner of the property & i will not seek any consideration for relinquishing my right as the co-owner. Are therea any tax implications. what document requires to be executed. As the name will be changed in the government records, does the stamp duty & registration fee required to be paid. I shall appreciate to receive valuable reply. Thanks in anticipation!!
Anonymous
06 April 2011 at 23:05
Dear sir ,
I stay in mumbai in pagadi system bldg from 1977 on rent .Land owner has 4 son and 1 son was nt interested in property and taken his part long before. after death of three brother , son of three brother sold property to builder in 2006 and after that 1 son who has taken his part long berfore filed a case for right in property . As an tenent we paid rent to landlord and after 2006 we are paying rent to builder . we has recd letter from landlord son stateing we have sold property to builder and futher all rent he will be collected . we have paid rent all by cheque and from april 2010 he is nt collected rent and called him several time and gone to his office to meet him but he is nt ready to meet and talk on any problem or recive rent . Sir kindly let me know what should i do ? will any problem can create to me due to there internal fight as an tenant in pagadi ? what right i have ?
If building goes for redevelopment what right i should i get (area + corpus fund + rent etc) .
Kindly guide me and clear all douts .
Expecting your true and early reply
Thanking you,
Anonymous
06 April 2011 at 16:03
Dear Sir,
My uncle Living in Jogeshwari where he lives in light bill & ration card is on his name but pagadi system rent receipt in his father name so there property gone for SRA Scheme so his father is in native place he can not come every time .& my uncle have one brother also
so brother can give no objection certificate & transfer room to my uncle name for Good for SRA scheme & uncle making Declaration that this room may be in future 50% on his & 50% on his brother name so brother can demand for the rights for the rooms
Anonymous
06 April 2011 at 15:54
Hi,
please furnish standard documentation for pledge of shares of listed & unlisted companies
Anonymous
06 April 2011 at 15:51
A was allotted a residential plot by State Urban Development Authority in 1986, by a letter of allotment. The Authority has set a time schedule to construct the house on this plot or pay Non Construction charges but A did not construct the house on this plot, and died. His wife B by a transfer letter got the plot was transferred in the name of B and her two sons, but till date B has not got the registry of the plot done in the name of allot tees from authority. The Authority has been extending the time limit for the construction, and as per the last letter the allottees were advised to complete the construction by 31st, Dec2009. For the registry the alotteess were to pay all the accumulated Non Construction Charges, then obtain NDC ( No Dues certificate) from Authority, and then only the Authority would have allowed the registry of the plot in the name of allottees.
After the registry the aloottes could have become the owner of the plot, and could either complete the construction by 31st, Dec2009, or could sell the plot after obtaining NOC from the authority.
As on date the Authority has not received any policy from their Head Office clarifying whether any further extension has to be given to the allottees for completing the construction, after 31st, Dec2009 or these plots are to be resumed, and therefore are not accepting any payment of Non Construction charges and hence are not issuing any NOC, NDC, and registry.
As per the locally available feedback the State Urban Development Authority, usually does not resume the plots and gives the extension.
B states she does not have enough money to pay the Non Construction Charges and for Obtaining NOC, and cost of registry, B wants the interested buyer to first give her some token money (Sain) and then enter into a purchase agreement with her (Biana), and pay her 20% (Rs.2 lac) of the agreed cost of Rs.10 Lac, after which she will get the registry in her name, and after the registry she will sell the plot.
Kindly advice on queries:
It is not known two sons of B are major or minor. What Legal formalities B has to complete to sell the plot.
Untill the Authority gets a clear policy to allow further extension or resume plot, should any buyer enter into Biana. What precautions Buyer should take. What should be the legal language of the Sain and Biana in this case? How much time for the registry and payment should be fixed?
The Biana should be written on ordinary paper or stamp paper. If it should be written on stamp paper, who should purchase it, buyer or seller or both jointly, and should this Biana be registered in the Suvidha Centre and how many witness from the side of seller and buyer should sign.
The interested buyer has seen the photocopy of the allotment letter, through the property dealer, in the name of B and her two sons, in which it is written that construction should be completed by 31st, Dec2009 , but it is not written that if not completed the plot shall be resumed, and it is not known to him the two sons are major or minor, and he is interested to buy this property, and is being advised by the dealer and others that right now B is need of money and cost of plot is Rs. 2 Lac less than market price, and he should enter into Sain and Biana so that he gets the first right to buy this property, as and when Authority gets a clear policy to allow further extension.
In case the authority decides to resume the plot, can the buyer claim that he was not aware of the fact that this plot can be resumed? And how can he get double the amount of Biana from the allottees.
Can the buyer be cheated in this case?
Kindly advise.
Anonymous
06 April 2011 at 15:18
HI experts,
We have a small farm 4 acre of mango plantations in andrapradesh in my fathers name.
The same has been given to my cousin to look on yearly basis on payment of money. we bought the plantation in year 2002.
Now cousing is not ready to leave the plantation and is saying he wants to cultivate or buy at the basic cost of purchase. He had assisted ( not financially) in buying the farm as we live in the city.
We do not want to give the same, as it my father hard earned money. Now there is a dispute and not allowing any other tenant to cultivate the same.
Suppose he is of the intention that after 10 years of cultivation the farm becomes his. Is there any law of protection for landowners.
Please help, on how to proceed
Anonymous
06 April 2011 at 15:14
sir, please tell me that what is the stamp duty under Bombay stamp act leaved on gift deed if gift deed made in favour of nepwee by his real uncle
Anonymous
06 April 2011 at 15:00
Dear Expert
Thing is that our building contractor make a contract with mobile company to keep their network tower on our bulding terrace without our resident prior permission & the rent coming from this company is going into his pocket moreover building work is underprocess likely to be finish within one month we have not start to reside yet only one or two flat holder start to reside in this condition what step we can take against contractor however we have not yet discussed together with contractor about tower rent. if he deny to remove tower from our building as well as not share rent portion with our residents please let me know how we can claim against him.
i am from gujarat state
Anonymous
06 April 2011 at 14:29
WE ARE LANDLORDS OF A BUILDING WHERIN A TENANCY AGREEMENT WAS SIGNED IN 1998.THE MAIN TENANT HAS ON HIS FRONT PORTION OF SHOP TWO SMALL BAKDAS AND THE SAME WAS MENTIONED IN THE AGREEMENT(OF 1998).BOTH THIS BAKDAWALLAS PAY HIM RENT DIRECTLY.NOW THE MAIN TENANT WANTS TO SELL THE PREMISES,AND HE SAYS THAT LET THIS 2 BAKDAS REMAIN AND THAT I SHOULD TRANSFER TENANCY TO THIRD PARTY AND TAKE THE CONSIDERATION.IS THIS LEGALLY VIABLE?OR IF SURRENDER LETTERS ARE TO BE TAKEN WHAT CONTENTS SHOULD BE THERE AND WHETHER IT IS ADVISABLE TO REMOVE THE 2 BAKDAS AND THEN DO THE TRANSFER.PLS.ADVISE
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Requirement of Transfer NOC / Mortgage NOC from CIDCO
Hi,
1. I had purchased a flat in Koperkhairane (Navi Mumbai) in 2009, directly from builder (Plot is CIDCO Tender plot).
2. Now, I wish to sell the flat and take another flat.
3. However, the banker (Punjab National Bank) of the new buyer is asking for CIDCO NOC.
4. However, our society is not yet formed and is still under the builder.
5. Builder says that no CIDCO NOC is required and that builder NOC is sufficient.
6. CIDCO official say that no NOC is provided by CIDCO when society is not formed.
7. Our part-payment registration is already done but, the new buyer's loan is not getting processed due to need of CIDCO NOC.
8. Please help as to how this issue can be resolved.
Thank you.