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Anonymous   30 October 2024 at 18:08

Reccovry of advance amount of agreement of villa

Sir,
1.I had entered an agreement for purchase of villa and paid 5L. as advance and it was drafted by seller.
2. If seller is defaulter then seller has to pay 5L as penalty in addition with advance amount.
3. Sale deed was not successful and I had filed the case at Trail Court.
4.The trail court decree and ordered to pay 5L advance and 5L penalty amount with 12% compound interest till realisation.
5.Seller was stayed at HC. that villa was sold out at lower than my agreement consideration value and why Penalty shall pay.
6.Now almost 10years lapsed. and it's now Final hearing stage. Only Advance amount and court fees has been deposited as per directions.
7.Whether this kind of agreement is no consequences in Indian Law.? Is it true.
since rupee value is almost 3.05 times more based on gold price as standard calculations. And there is no LD clause mentioned and Penalty amount is fixed.
As per SC guidance if penalty amount is fixed than not more than penaltie. Agreement is verified by notary and Trial court admitted and also Judgement order issued.
Regards.

Pinky Shah   28 October 2024 at 20:09

Re: transfer of share in chs property

Existing flat owned by
1. Mother -Aged 80 years +
2. Unmarried daughter aged approx. 54 years.

Other Existing living family members
1. Step son
2. 2 daughters ( One married & another Jain priest/ sadhviji)

The unmarried daughter died instate on June 23, 2024 ( without making will / nomination)
Now, they want to delete the name of deceased unmarried daughter.

The society is asking for release deed by the existing daughter ( married & another jain sadhviji) & step son to mother.

The question is whether society is right is asking such release deed.
Alternatively what would be procedure for transferring the deceased daughters share to her mother.

Vicky Rathee   26 October 2024 at 22:23

Property sold using gpa(gpa was done fraudulently)

I purchased a plot (100 guj) in December 2017, for which I have the sale deed and other documentation, in an unregistered colony outside Gurgaon. I did not occupy the plot or establish any boundaries, and during this time, an individual (let's call him Guy B) took possession of my plot along with three adjacent plots (totaling 436 guj). Guy B has a sale deed for this same agricultural land (605 guj).

Upon speaking with the landowner who sold me the plot, I learned that another individual (Guy A) fraudulently created a General Power of Attorney (GPA) to sell the land, deceiving the landowner during a visit to the tehsil for another sale deed. The GPA was canceled on April 22, 2016, but Guy A sold the property to Guy B on April 5, 2016, while the GPA was still in effect.

The owner is willing to file a case under Section 420 against Guy A, but we are unsure how to proceed with Guy B to reclaim my plot.

Could you advise us on the next steps we should take and our chances of recovering the property?

H Singh   25 October 2024 at 14:55

Mutation process or dakhil kharij or enthkaal or virasth

In 1997 I purchased half of the land share from my Uncle(Dad’s real brother), however the deal and paper show the sale and purchase between me and my grandfather. And the other half was sold to some other party.


But I forgot to do the Mutation process (In Other Languages Dakhil Kharij or Enthkaal or virasth) at that moment.


In 2014 my other uncle died and has no kid and family. So in order the donate his share to some he knows, my uncle register my grandfather WILL with the local tehsil which was actually written in 1992( I am not clear why it was necessary)


Now the Tehsil people are not moving forward with the Mutation process (In Other Languages Dakhil Kharij or Enthkaal or virasth) as the WILL was register in 2014.


Tehsil people want NOC from my uncle or from their kids.

2 of my uncles died and I have no where about their kids. Last time we met was some 30 years ago.


Now how can i do the Mutation process (In Other Languages Dakhil Kharij or Enthkaal or virasth)

Please advice

Pushpalatha H   25 October 2024 at 13:36

Procedure for getting copy of the lost title deed

Original title deed is lost. Original document is damaged beyond recognition in Registry office so certified copy cannot be granted by Registry office. How to get certified copy of the title deed? What is the procedure for getting the title deed?

Sanji-paul Arvind   22 October 2024 at 13:36

Mother deed

Hi,

My friend received a gift deed from her mother with khatha certificate and extract, and the same is registered in sub registrar office, later khtaha has been transferred on my friends name few years ago, now he property has all necessary documents i.e. original khatha, khtatha transfer, e-khtatha, tax receipts, gift deed, EC, however the property doesn't have a mother deed done by the BBMP but the property details are available in the BBMP system and manual register.

Kindly help to understand if this will cause any trouble in future if she wants to sell or take loan to build.

Thanks in advance for your valuable time and suggestion.

prasad   21 October 2024 at 11:48

Daughter's share in the property of mother

My cousin's has two sisters and one brother. His father bought 200 sq. yards residential land in my cousin's mother's name in the year 1995 and since then the property is lying only in the name of my cousin's mother.

Recently my cousin's mother passed away.

Now, the query is : "Whether my cousin's father alone will become leagal hier of my cousin's mother's property or all the family member of my cousin i.e. my cousin's father, two sisters and one brother". If so, what would be the share of each member of the family?

Awaiting your valuable reply in this regard.

Thanking you

Shivakrishna Pabba   21 October 2024 at 11:24

Lacks brs (building regularization scheme) approval.

"I am considering purchasing a commercial flat on the fifth floor that currently lacks BRS (Building Regularization Scheme) approval. The owner had applied for the BRS, but it was halted due to a stay order. The owner has the challans as proof of payment for the BRS application. Due to his son living in the USA, he wants to sell the property. He is providing me with the deed copy, UDS (Undivided Share of Land), and all relevant link documents from the builder. Is it advisable to purchase this property without BRS approval? Could there be a risk of demolition or other legal issues in the future?"

Anonymous   20 October 2024 at 19:46

Neighbor done excess door panneling capturing corridoor

Hi my neighbor has created door pannels by capturing corridoor common wall adjusent to their door. It has also lighting which may cause short circuit and may lead to a fire event. How can i take a legal actions as per bye laws. I requested him to reduce and limit around his door area but he refuse to do any changes

Anonymous   20 October 2024 at 18:01

Pathway issue

The land owner decides to sell his land. The land is in single survey number before its sales and a single land without any common path before sales. My father(First buyer) bought a some amount of the land(with house) and in that registration 10ft common path has been included but the 10ft path was never there before the seller decides to leave a 10 ft common path for the buyers but the second buyer bought a remaining land which includes the path beside my father's land. Is it legal to do that ? but we needed the common path to maintain the back side of our land. What should we have to do legally to use that common path ?