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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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jayesh sinha   21 August 2011 at 20:46

Flat purchased on resale

i have purchased flat on resale from original owner who had purchased from builder and builder had given no dues certificate to orginal owner i want to know from legal points whether all the rights of orginal owner is passed on to me after resale and can the builder can demand any money from me(resale owner)kindly guide me
jayesh sinha
jayesh_95@rediffmail.com

Anonymous   21 August 2011 at 16:09

Legal heirs & successors of property.

We are Two brothers and Three sisters (married).By religion we all are Hindu. My father was Three brother- sister (one younger brother and one younger sister).My father, his sister (aunty) and my mother have been died long days ago. My aunty was married and she has Two daughter (married) and one son(married).My father’s younger brother (uncle) was unmarried and he was staying with us till his death(died on 1992). The property where we are now staying was purchased by my said uncle.
Now my queries are:
1. Who are the legal heirs & successors of my said uncle’s property?
2. That my said auntie’s Tow married daughter and one son can claim any thing or not?
3. and my two married sisters are can clam or not ?

Please advice me ….

Anonymous   21 August 2011 at 15:16

Entry in revenue record hakkpatrak namuna 6

I am in Gujarat. I have applied for change of name as owner of the land in namuna 6 and kachi entry is made. It is not made paki for which they are giving reason that in past there was charge on this land by sales tax dept. There is no court case or dispute against sale deed which is made by bank and sale deed is registered. No objection is raised against sale by sales tax department. whether Revenue dept. can refuse to make entry pramanit (paki)only on the ground that letter of putting charge on property was there in past when property is sold and deed is registered? which are the sections to quote in reply?

Anonymous   21 August 2011 at 12:13

Include one of the share holder in residential property

Dear Sir,

We have a Property @ Chennai- 7 wells, My Father has 3 Sons & 2 Daughters, Iam being the Last Son, My Father bought this property before my Birth. He forgot to add my name on to the Equal share holder list of the property.

Please advice a Template Agreement, which i can use for getting sign off from the other Share Holders who are willing to do so.

Thanks in advance

Viral   21 August 2011 at 10:58

Rent act - execution of tenanted premises

Hi, We as landlords have won in SC against tenant on arrears of rent. ( gujarat state). on execution tenants brother filed objection stating that my brother & landlord have collusion & try to take away the possesion from me. he has not filed any documents in the ex court, appelate court also both these courts have dismissed his appeal. in HC Obst has filed CRA against the Appellate court order.both the courts below observed that he has no locus standi also no jurisdiction to file objection u o21 r97 as it is the decree holder exclusive priviledge. This obst had also filed a suit by impleading nagarpalika, collector,state govt which the court dismissed the suit. even appeal dismissed. pls. advice what could HC take a stand in the Civil Revision Application.
Regards, Viral

Anonymous   21 August 2011 at 10:43

Bl&ro lr record problem

Dear Sir,
I am from West Bengal. On 1960 My Father had purchased a land. He has not done BL&RO Mutation & has not paid any Tax in favor of his name. And my father expired on last year. As a result the PLOT (RS.porcha) was recorded in BL&RO as seller (form whom my father was purchased the land) name till year 1970. Suddenly on 1971 at the time of LR. PLOT record, that my Father purchased land was recorded (mistakenly done by BL&RO officer) by that seller’s nephew’s name (that seller was bachelor).
Till now the aforesaid deed with us but the property is recorded with their (nephews of seller) name. We have already visited BL&RO office to resolve that problem but they are passing the ball.
Please advice me….
One of my friend advised me to make paper public publication by any advocate regarding the matter and after that all related documents should be sent by post with registered AD. to BL&RO office to rectify that problem.
Do you think this way this problem can be solve?
Please advice


Thanking you

Anonymous   21 August 2011 at 09:31

Civil

which is easier and inexpensive ,1.to transfer immovable property to an existing educational trust ,or 2.by constituting new trust and settling land/property in favour of trust.

Anonymous   21 August 2011 at 00:23

Dismissal of plaint

Sir,
In a property dispute case in Delhi, initially the plaintiff has filed a suit for possession and damages against her elder married daughter on the basis of a Will typed on a plain paper, but never produced the Will in original despite several orders. Now the plaintiff has filed a another suit for granting probate in her favour. The suit property is basically allotted to displaced persons of East Pakistan who had forced to come in India leaving behind their ancestral properties there. Please clarify the following points:-

1. Before filing the probate case the plaintiff had all the opportunity to file initially the original will in any of the courts including Delhi High Court and prove the Will. Since the plaintiff has failed to submit the original will during this years, can I move an application for dismissal of plaint mentioning various grounds including ancestral clause.

2. If my above said point No.1 is not so valid, then in that case, can I move an application for stay of proceedings. Kindly advise me appropriately. Thanks

Anonymous   20 August 2011 at 22:28

Agreement of understanding.

One Mr.A has sold his land to Mr.B in the year 1979 and the same is registered in the name of Mr.B. Mr.B died in the year 1985 and Mr.C (son of Mr.B) got inherited property. Mr.C is now surviving and he has one son viz Mr.D. Mr.C made a layout in the land and the layout is approved by the gram panchayat in the year 1990. Mr.C and his son Mr.D sold this land (layout made for housing plots) to Mr.E in the year 2011 and the land is registered on 9-8-2011. Now Mr.E is selling these plots to the public with an understanding of constructing a house thereon.

I want to purchase the plot from Mr.E and enter into a contract for construction of house by taking a loan from LIC. The cost of the plot (222 sq.yds) is Rs.13.50 lakhs and the cost of construction is for 1000 sft is Rs.10.00 lakhs. I want to enter into an Agreement of Understanding for purchase of plot and construction thereon by giving an advance of Rs.5.00 lakhs by way of cheque. Mr.E (the builder) is saying that the agreement going to be entered into is only for the purpose of understanding (NOT REGISTERED) and for the purpose of getting loan from the LIC by me by submitting this agreement. MY REQUEST TO YOU ALL IS THAT CAN I GO AHEAD WITH THE ENTERING INTO AN AGREEMENT WITH THE BUILDER (the agreement which not going to be registered)AND THE BUILDER IS SAYING THAT SEMI FINISHED HOUSE WILL BE REGISTERED IN MY NAME AFTER GETTING LOAN FROM THE LIC.

PLEASE SUGGEST ME WHAT CAN I DO?

Anonymous   20 August 2011 at 22:24

Compulsory registration

Dear Sir,
I am a investor and has invested in a property in Kolkata. I have maded full payment as and when the installment became due and took posession of the property. I have received lettr from a builder to get a registration done but as a investor I am scouting for a buyer in whose name I can nominate the property by giving the requisite transfer charges and the buyer could then get the property registered in his name so that I do not spend unnecesay registration charges and stamp duty. My query is that is thare a law that I have to get the property registered within a time limit from the date of possession ?