Anonymous
12 August 2011 at 10:47
Dear Sir/Madam,
Myself and my friend jointly bought 0.22acres(10000 sqft)of dry Agricultural land in the year 2004 at Kalapatti, Coimbatore. The property was registered as agricultural land in the sale deed. Now we want to make a partition deed and register it.
1). After partition, each one's share will come 0.11 acre(5000 sqft).Is there any minimum area limit to specify a land as Agricultural land? (This doubt arised to us because, our each shared area is only 0.11acre or 5000 sqft)
2). In the partition deed, can we indicate our individual shares as agricultural land?
If not, how it shall be mentioned?
Thank You!
Anonymous
12 August 2011 at 09:55
Hi Experts,
I entered into an agreement in Jan 2009 to purchase a property & in furtherance cleared bank loan on the same as requested by Seller.I am in possession of all orginal documents of property.
Subsequently on many occasions the seller kept dodging the execution on sale deed even though i have paid 80% on the considerations in Jan 2009(Citing reasons market value has increased).
He tried to sell the property to 3rd party & I moved court vide specific performance suit, was granted injunction against the Seller.
The seller reqeuested for mediation & during the proceedings in threatening to file atrocities case & other false cases if i do not withdraw the case & take back my Advance amount.
Pls advise on what should be my guard & defense against such false cases.
Anonymous
12 August 2011 at 09:40
Hi Experts,
My relatives purchased a site in 1983 vide a registered sale agreement & an notarised affidavit by the sellers confirmed complete receipt of considerations & put them in possession of site.
The seller once again sold the same site in 2004 & that person moved court for declaration & possession.
The court did not consider Sec 53-A (T.P Act) & passed judgement against my relatives to deliver vacant possession despite being in possession since 1983.
We have moved high court which was pleased to grant stay over the lower court order.
Request experts to guide on:
1) Whether we have a good case to take forward?
2) Should we file any other case to defend our rights on property?
3) Is it advisable to go in for out of court settlement?
Anonymous
11 August 2011 at 20:55
1. I PURCHASED A FLAT (RESALE) AT MUMBAI, 1 YEAR BACK THROUGH REGISTERED SALE DEED. IN ACCORDANCE WITH THE SALE DEED, I HAVE MADE ALL THE PAYMENTS. I WAS GIVEN NOC AND NO DUES FROM SOCIETY SECRETARY AT TIME OF PURCHASE.
2. I HAVE ALSO PAID THE SOCIETY TRANSFER CHARGES, MAINTENANCE CHARGES ETC AS APPLICABLE TILL DATE. HOWEVER THE PERSON FROM WHOM I HAD PURCHASED THE FLAT HAS NOT GIVEN ME ANY POSSESSION LETTER.
3. NOW THE SOCIETY (CHS)SECRETARY SAYS THAT THE SHARE CERTIFICATE CAN NOT BE TRANSFERRED ON MY NAME SINCE I DO NOT HAVE THE POSSESSION LETTER FROM ORIGINAL OWNER.
4. PLEASE ADVISE HOW THE SHARE CERTIFICATE CAN BE TRANSFERRED ON MY NAME AND WHAT I SHOULD DO AT THIS STAGE.
5. I HAVE (A) RECEIPTS FOR PAYMENT OF ALL SOCIETY DUES, (B) HAVE REGISTERED SALE DEED ON MY NAME, (C) PAID UP THE TRANSFER CHARGES AND (D) HAVE BEEN GIVEN THE NOC AND NI DUES AT THE TIME OF PURCHASE BY SOCIETY SECRETARY. (SOCIETY SECRETARY ALSO WAS THE BROKER DURING THE FLAT PURCHASE). I SHALL BE OBLIGED.
THANKS
REGARDS
sir,
long KIDB had allotted the land to two persons jointly , for establish a distillary , now that two owners want to sale that granted land , can it possible ?
i want to purchase that land for residential purpose , can it possible ?
owner is saying from industrial purpose it has converted for residential purpose can it possible ?
can i purchase that land ? for construct a house
Mohandoss.R.
11 August 2011 at 14:47
Sir, Gift Deed was cancelled within 8 months and Donor went to court to cancel the Gift. When it was pending in court, Agreement for One piece of Gifted property was signed and Sale Deed for another was registered by Donee. The worth of sold piece was 65000 in 1979 but Buyer cheated 21 year-Lady-Donee by fixing it at 10000 but paid only 5000. Annoyed at this, she gave back the gifted properties in the court. Buyer went to court stating that he was not aware of pending litigation & therefore innocent when he bought. Court believed it and decided in his favour. But, the unregd-Agreement bears the fact of then pending court cases. ONLY When we tried to sell the property in 2005, Buyer came out with a Public Notice that there is an Agreement signed in 1979, meaning that it is still valid even after 26 years and therefore, it can not be bought by anyone-else except he. Despite Lawyer Notice,personal letters, he keeps mum without giving a copy of the Agreement. We want it. If we fear to go to court, as he may say 'it is not now available'. Kindly advise as to how to get the copy or make him produce it in a court. Thanks a LOT Sirs.
Chandrika Subramaniyan
11 August 2011 at 14:42
I am in the process of selling my flat for 60 L IN Chennai . Full Sale amount will be through DD.Buyer wants to proceed with the sale through POA to himself to register the flat in his 3 children’s names for a lower amount of 25 L. I would like to show the full 60 L amount to IT as LTCG…..and invest the calculated LTCG in to NHAI to avoid tax burden. As the title of the property will still be in my name at the time of registration, would IT not question me about the discrepancy in above transaction ? I would be grateful for your guidance so as not to default with the IT and let me know the legal procedure to follow in above case..
Thanking you
Sincerely
Chandrika
Husband & Wife had purchased property jointly. the fisrt name in agreement is of wife & second name of Husband. The Payment is shown from Wife name & Payment amount of Husband is shown in books as Loan to Wife. What if wife dies wether Husband can have rights on the property?
Anonymous
11 August 2011 at 12:25
My Grand Father ( Mother's Father ) died year 1970 without will., My mother got married year 1971, then after passed away in year of 1982,I am only Son, My mother have 4 sisters and one brother,
My Grand father's land transferred to my Grand mother's name in the year of 1972 and Recently last year my Grand mother given a Gift Settlement Deed to his Son. Now all the properties transferred to Son's Name,, Is it I am eligible to get any share on my Grandfather's Land & properties,.. Pl. give your suggestion. Thanks.. Mahandran
Mou - with developer
Investor has signed MOU with Developer on july 2010 on 100 Rs stamp paper. The MOU is not registered.
The MOU is to give advance for Construction of Building as per progress & to hand over entire building by developer to Investor.
Since the Progress is delay & now the investor is becoming partner in place of retiering partner of developer firm.
What are the steps to be taken before becoming partner? wether registration of MOU is required?
After becoming partner he him self will bound his partnership firm where his profit share is 25%.