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

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C.A Alok Mukherjee   16 June 2011 at 12:06

Can a token advance say Rs 5000 is to be paid to seller even in a non judicial stamp paper

Sir,

I am going to buy a residential unit. The seller had given the photocopy of the title deed, sanctioned plan, municipal tax receipt and he wants to assure for a token advance of Rs 5000/- say for safeguard for the property deal which is adjustable against subsequent final payment. I have no objection also for making the payment but i want to make sure what should be the form of payment.

a. Definitely through cheque
b. Whether for this a non judicial stamp detailing such advance would be required?

Anonymous   16 June 2011 at 10:34

power of attorney

Can Residential property (LAND) be mortgaged on the basis of power of attorny ?

KARAN BHATIA   16 June 2011 at 09:06

Registry of Property

Plz help sir!
I have a property here in Jalandhar(Punjab) against which i want to take loan from bank as mortgage. There has been no registry of the property and i have TS1 certificate issued by the Municipal Corporation as the only document showing my ownership on the property.
Plz tell me is the TS1 certificate sufficient document for getting loan from bank?

NIRMALA DEVI.C   15 June 2011 at 21:45

cellar and terrace rights of apartments

I heard that the Hon'ble Supreme Court gave decision that there are no rights on cellar parking or terrace usage by the builder for giving lease/sale. If it is there pl give the SC ruling No. & date. Pl clarify. Thank you.

Anonymous   15 June 2011 at 21:44

cellar and terrace rights of apartments

I heard that the Hon'ble Supreme Court gave decision that there are no rights on cellar parking or terrace usage by the builder for giving lease/sale. If it is there pl give the SC ruling No. & date. Pl clarify. Thank you.

Anonymous   15 June 2011 at 17:55

Daughter (D) being denied property money by brother and mother

My Father died when I (daughter) was around 15 years old. Mother raised both me (D) and my brother and now we are aged 34 and 32 years respectively. I was married once around 26 years which did not work out, got divorced within 4 years with first husband. Later, I loved and married a gentleman of my choice for the second time and is now living happily and have 4-years old kid too. Father's property (father died due to cancer without doing any will) was sold in Karnataka state few years back (around 36 lakhs) and both my mother and brother asked me for no objection for selling and I signed as they blackmailed me that they will “not” get me married with my second husband with whom I was in love. Now from that money of 36 lakhs, my mother invested 24 lakhs and my brother took a home loan of 15 lakhs and they purchased a home for themselves for nearly 40 lakhs, in their own name, i.e. my mother and brother's name. For the remaining 12 lakhs, they just verbally told that they shall give it to me but did not do. In that amount, they just spent around 2 lakhs for my second wedding and they did not even bother to take care of me/my kid after delivery and I was thrown out of the house. Now, I wish to claim my right in the property they have bought selling my father's property. Since past 6 years, they are telling that they shall give me my money but my mother has invested the remaining cash in shares, etc. and are enjoying their lives earning interests from banks with that (my) money. Now when it is necessary for me to buy a home, they are not agreeing to pay/settle me my share and saying I should take care of my mother during her dying age and then they shall decide. Today, they both are blackmailing if I ask money that they will tell to my in-laws (about my first marriage as my second husband insisted that they should not know for a better relation with my in-laws). They are denying to give any amount when I am in need of it and for tomorrow I cannot trust them at all. Now,
1) Please suggest what legal action for my rights can I take for this.
2) Can I legally claim my share of right now when my mother is alive (as right now they are enjoying the benefits of that money) or I have to wait and claim for half of it later fighting with my brother.
3) Is there any trick in the home loan taken by my brother for legal acts later?
4) Am I rightful owner for at least 33% of the property's money or what shall be my actual share according to this current status.
Kindly suggest and please guide further action for this.

Anonymous   15 June 2011 at 17:36

gift deed

Is it legally possible for a person to transfer his property in the name of his daughter in law as a gift? Will someone have to pay a tax on this gift?

Anonymous   15 June 2011 at 15:34

Non Existance of House & Well on Paper

Dear Sir,
I have sold an agricultural land alongwith a house and well.
But the said house and well were not recorded on the 7-12 of thac land.
and accordingly less stamp duty etc were paid.
i.e. the land was shown as "jirayati" though in reality it was "bagayati"

what are the legal implecations of this?

is the sale of land valid?

and now the said land is a subject matter of one of my family disputes and a court case is pending so the government officials i.e. "talathi" has refused to update the entries of house and well on the 7-12.

how can the buyer of the land get that house and well registered on 7-12?

please answer all aspects.
Thank you.







sandeep Upadhyay   15 June 2011 at 14:13

Tenant land loard act in gujarat

Dear all experts

I have a property(House) in a gujarat.The house has a ground floor and first floor. I want to give on a rent both part of my house.

Last time I have given on a rent this property but tenant was very rough person.He had not any ohter shelter(No own house)First he was decline to eviction of my house. He told me that you have given my name as a tenat for police verfication so I have proof that I am tenant.You cant do anything.After lot off hardship he vacant my house and not paid three months rent,Gas bill ect.

This is my addition house and need to give on a rent for loan payment purpose.Now again I dont want to put in trouble myself.
Now my question is that
(1)What is safe way to give my property on a rent?
(2)Is it necessary/mandatory registration of tenat in rent controller.If yes, where I can register?Is it benficial or not advisable?Where I can found laws regarding this in gujarat?
(3)Is it advisable to prepare a lease agreement?It is legan documents? It is usefull for me?

Request to all experts to give best guideline to me in this matter.Your help in this matter will give light to all landloard who is not ready to give rent his property due to avoide legal grip and choose suffering financal crisis rather than property loss threat.

Thanks
sandip

B.M.NAGARAJ   15 June 2011 at 13:58

about EC

sir, we had a property of grandmother which was sold in 1978,by my father and his sister and was regiserted.Till today the name of purchaser is not transfered to the RTC.And has not paid the tax.now can we suit a case aganist the purchaser, has he, they had not taken the childerns signature while regisetring the land.if yes. what should be done.