jach000019
04 October 2011 at 17:18
IN MUMBAI A OWNERSHIP FLAT IN CO-OP. HSG.SOC. WHICH I INTEND TO SUB-LET ON LEAVE AND LICENCE BASIS
(A) CAN BE SUB-LETTED ON THE LEAVE AND LICENCE FOR THE PERIOD OF SIX MONTH ?
(B) IS REGISTRATION OF THE AGREEMENT IS COMPULSORY AT THE TIME OF EXECUTION OF DEED OR THE REGD. CAN BE DONE ALSO AT THE LATER STAGE ?
(3) WILL IT ATTRACT THE STAMP DUTY FOR THE SIX MONTH'S RENTAL VALUE OF L AND LICENCE THAT IS 125000/- AND STAMP DUTY HAS TO BE PAID AT THE TIME OF EXECUTION OF DEED OR AT THE LATER STAGE ?
(4) IF THE REGD.AND STAMP DUTY IS NOT PAID AT THE TIME OF EXECUTION WILL THE SOCIETY WILL ACCEPT THE DOCUMENTS BECAUSE IN MY CASE SOCIETYY HAS REFUSED TO ACCEPT MY APPLICATION FOR GIVING NOC EVEN THOUGH I AM THE BONIFIDE MEMBER AND PAYING ALL THE OUTGOOINGS REGULARLY SO IF WE SHALL PAY THE ABOVEMENTIONED CHARGES AT THE TIME OF EXECUTION OF DEED AND TOMMORROW SOC. WILL NOT ACCEPT THE DOCUMENTS THAN IT WILL BE WASTE OF MONEY ?
(4) PROCEDURE OF POLICE VERIFICATION ?
Anonymous
04 October 2011 at 15:31
The firm I am employed is into Pharma retailing. We operate in all formats including hospitals where in the hospitals outsource their pharma operations to us under the ambit of a mutually agreed upon business understanding.We execute rental agreements and get them registered as well.In one such agreement made with a hospital in Chennai about a year back we could not start the operations as agreed. The major hitch for not starting operations was from the hospital which did not give us adequate space to house the pharmacy and the Drug controller rejected the application.The hospital authorities are now insisting that we pay rentals for the place occupied(our furniture are there).Whenever we have asked them to increase the space provided so that we can start the operations they are very reluctant to do and give a lot of stupid and unwanted excuses. We have made a deposit of 5 lakhs. What are the legal options to recover the money from them?
Neeraj Sharma
04 October 2011 at 13:03
Hello,
My Name is Neeraj Sharma and my house address is DDA L.I.G. Flats, GH 5/7, Paschim Vihar, New delhi-110087. I want to transfer property papers which were on my father name but he deceased in year of 2000 and my mother was also deceased in 2007, now I and my brother want to transfer this Flat paper on our both Names. So Please help us and suggestion us the hole procedure of DDA Flats paper transfer.
And also I have one other query; My house is in Top floor on DDA L.I.G. flats and I want to make one small room on my roof. So, is it legal or illegal, I just want to know that.
Thank you
Neeraj Sharma
DDA, L.I.G. Flats, GH-5/7, Paschim VIhar
Date: 04-10-2011
Please Reply As Soon As Possible.
Thanks again
Anonymous
04 October 2011 at 13:02
We are Eight sisters and brothers. There is an ancestral property percolated down to my elder sister from great grand parents/aunt. The property is now being disposed off. I am one of the sisters. I am not being consulted in the matter. 6 of sisters and brothers are staying in that property. I apprehend that they are ignoring me. Do I have right in the property and its sale amount? Kindly tell me what options are open for me.
divyesh
04 October 2011 at 12:30
my uncle( mother's brother ) was living in matunga, mumbai, in a old chawl in one room kitchen. it was rented room ( like every where in mumbai on pagadi system ). now he has been expired because of old age , and he was not married. and me and my sisters are the only legal heirs of him. he has made a will also in favour of us . in that will he has mention all his movable and immovable properties including the room in mumbai.so i want to know that how can i transfer this room on my name . as it has a good market value , and in future there be good development there. if the building owner ask money for transfer ? is it required to give it?
Neeraj Sharma
04 October 2011 at 12:23
Hello,
My Name is Neeraj Sharma and my house address is DDA L.I.G. Flats, GH 5/7, Paschim Vihar, New delhi-110087. I want to transfer property papers which were on my father name but he deceased in year of 2000 and my mother was also deceased in 2007, now I and my brother want to transfer this Flat paper on our both Names. So Please help us and suggestion us the hole procedure of DDA Flats paper transfer.
And also I have one other query; My house is in Top floor on DDA L.I.G. flats and I want to make one small room on my roof. So, is it legal or illegal, I just want to know that.
Thank you
Neeraj Sharma
DDA, L.I.G. Flats, GH-5/7, Paschim VIhar
Date: 04-10-2011
Please Reply As Soon As Possible.
Thanks again
Anonymous
04 October 2011 at 01:33
Dear Sir / Madam, let me preface by admitting that this is not the 1st time that i am posting this query, but i seek views for both the defendant and plaintiff side.It may be routine matter for you but to me it means a lot.
"X"-seller "Y"-buyer
on 01.01.11 X entered into an agreement for sale in respect of a flat to Y, for a consideration of 10000/- with a condition to complete the transaction by 31.03.11. Y issued a cheque for rupees 100/- as advance money.X didnt encash the cheque and returned the same on 03.01.2011 to Y and destroyed the agreement made on 50/-stamp paper.
later on 28.02.11, after fresh verbal negotiation, X executed a deed of sale, which carried no reference of any agreement for sale, in favor of Y at an agreed price of 6500/-, but the same could not be registered that day.Later X refused to co-operate for registration.
Y approached court for injunction for sale of said property and specific performance suit, on 118th day from execution of deed fearing that the document may hit limitation under regn act, produced the duly executed sale deed (as document to be relied upon) pending registration and was granted interim injunction.
X then appeared during hearing for extension of injunction, and filed an objection petition stating that agreed price was rupees 10000/- as per agreement dated 01.01.2011 and not 6500/- as in deed.also stated that the agreement for sale had expired on 31.03.2011 and balance of Rs.3500/- was not paid to him.X has craved leave for filing the said agreement, (original destroyed and cheque mentioned therein as advance money has been returned to Y = simply the agreement was never acted upon).
X has not denied or accepted the execution of sale deed dt.28.02.2011 in his objection petition.
X has no other document other than xerox copy of the agreement for sale dt.01.01.2011.
Y has the original executed deed of sale dated 28.02.2011,which carries no reference of the agreement dated 01.01.2011, duly signed and with finger prints and photographs.
what shall be the strategy for X ?
what shall be the strategy for Y ?
shall Y emphasize that the deed of sale is an independent document bearing no reference or obligation of any agreement dated 01.01.2011?
shall Y admit there was an agreement which was cancelled or given a go by with mutual consent ?
what shall be the specific terminology- cancelled / scrapped / given a go by / destroyed ?
Or deny absolutely ?
CAN x ASK FOR AMOUNT NOT EVEN FAINTLY REFERRED IN THE DEED / MEMO OF CONSIDERATION?
CAN JUDICIARY ACCEPT x'S PLEA ON ANY GROUND?
jach000019
03 October 2011 at 19:54
on the basis of the WILL of 1998(non regd.and non probated)and noc executed before the notary with book no.I applied the membership to the society and soc.had not replied me about my membership and after 1 year my brother took the objection in writing with the soc. regarding not to transfer the flat premises in my favour though he had also executed the consent of the will and noc for the transfer of the flat premises in my favour single and joint alongwith other legal heirs.
in the year 2006 i file the application before the dy. registrar u/s 22(2) membership alongwith all the necessary documents including the documents of objection raised by my brother and the deputy registrar gave the order in my favour mentioning about the objection raised by my elder brother. and on the basis of that order soc. transfered the flat premises in my name.
when my brother came to know about this he filed the revisional application at divisional joint registrar u/s 154 and joint registrar ISSUED THE ORDER OF STATUSQUO AGAINSTH MY FLAT PREMISES initially and in the final order JT.REGISTRAR remand back the matter back to the dy.registrar for reconsideration of the matter after making my brother as a party.
AND now d. registrar after scrutinization of all the documents and arguments of all the parties issued the order in my favour declaring me as the member of the society.
now i want to give my flat ob LEAVE AND LICENCE BUT soc. is not allowing me stating that you are not the eligible membaer to give your flat premises on leave and licence.
SO HERE I WNT TO KNOW THAT UNDER WHAT CERCUMTANCES AND REASON SOCIETY CAN STOP ITS MEMBER TO GRANT THEIR FLAT PREMISES ON LEAVE AND LICENCE AND HERE WHAT I CAN DO AGAINST THE SOCIETY TO SUB-LET MY FLAT PREMIES ON THE LEAVE AND LICENSE, ON THE CONTRAY SOCIETY HAS REFUSED TO AACEPT MY APPLICATION FOR GETTING THE PERMMISSION OF SUB-LET.
FUTHER IF MY BROTHER IS GOING AGAIN IN THE APPEAL/REVISION TO THE JOINT REGISTRAR U/S 154 SO WILL HIS APPLICATION SECOND TIME UNDER THE SAME SECTION WILL BE MAINTAINABLE MOREOVER ATTHE PRESENT TIME JUDGE OF THE SAME WHO HAD ISSUED THE REMAND BACK ORDER TOTHE DY. REGISTRAR AND IF JT. REGISTRAR AGAIN ISSUES THE ORDER OF STATUS QUO EVEN THAN WILL I BE THE ELIGIBLE TO SUB-LET MY FLAT PREMISES ON LEAVE END LICENCE.
THANKS IN ADVANCE
Anonymous
03 October 2011 at 19:19
Dear Experts, "X" is having Ancestral property and he has one son,one daughter,one wife.In HSA act 2005 the son & daughter has birth right in the Ancestral property of "X". Can the son & daughter can ask for their share during the lifetime of "X" ? If so what will be their share?
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Stamp duty for transfer deed
Sir,
What value of stamp paper is required for executing the Deed of Transfer.
There are three floor in a building and by executing Deed of Transfer we wish to transfer one floor each to three brothers. Pl advise whether we have to execute three Deeds of Transfer or one Deed of Transfer, photocopies of which can be exchanged
Regards
KL Bhalla