Hetul
08 June 2011 at 18:36
I am trying to purchase a plot of land from a lady whose husband passed away 6 years back in a road accident without leaving behind a will. She has a son who is 16 years old now. The plot of land was solely in the name of the decreased husband, who has undergone a change of name (many years) after he bought this property. When I went to get a legal opinion about purchasing this property, I am getting contradictory opinions.
First legal expert whom I contacted in my town said that we need a succession certificate to establish that the lady is the sole owner and there are no other claimants for this. But I came to know that succession certificate is not applicable for immovable properties.
The second legal opinion I got said that since a minor is involved and there is no will, the minor has an interest in the property and the property can not be sold till he reaches the age of 18.
Please guide me what can be done in this case.
Kuldeep
08 June 2011 at 10:58
We are going to purchase a falt in a building in progress. We understand from some source that the developer has taken loan from a bank against the registered mortgage of the property. The mortgage deed is registered but the developer has managed with bank officials that the mortgage is notnoted on the property card of the property.
If we see the property card / search report of the property, it does not show any charge noted.
What if we purchase now and subsequently the developer fails in bank loan repayment. Can bank enforce its mortgage? Because mortgage is duly registered. the only thing pending is noting of charge on property card. In that case can we (the buyer) stop the bank from selling the property?
Anonymous
08 June 2011 at 10:44
dear Sir/Madam,
we have purchased flat in Jan 1985, and v are living there till date,however v have not registered the agreement,In the mean time v lost both the first and second party agreement (v are the third party).we want to get the room transferred in our name. we have got the ration card,telephone bill,bank book,society maintainence bills on our name. Plsssssssss let us know how can v proceed in the above matter so as to no one can object regarding the same.
Yours sincerely,
rani
08 June 2011 at 08:52
pls answer my query that can one GPA holder execute another GPA.If the answer to the first is yes then what is the effect on the validity of the second GPA IN THE EVENT OF DEMISE OF THE FIRST GPA HOLDER.
Anonymous
08 June 2011 at 00:46
in 2001 i purchased a two plots, from differnt persons. these plots are attached to each other front and back. front plot i purchased from a person A who has a notry document with him along with stamp paper duly signed by B, previous owners of the plot saying that they dont have any objection for selling this plot. after i purchased it i got registry and mutation done on my name. back side plot i purchased from a person who has already having registered deed done on his name.
now after 10 years, grandson of owner B, made gift deed to his daughter and daughter has made gift deed to her son. now her son has booked a criminal case aganist me saying that i have illegally taken his land. how i should approach this matter. what i did was not applied for change in name in the pahani records. but by way of gift deed he could able to put his name in the pahani records and booked the case aganist me.
Anonymous
07 June 2011 at 20:10
my father had purchased through a GPA during april 2004, a landed property in bangalore for Rs.5,95,000/- and the same has been sold during feb, 2011 for Rs.19,00,000. now to avoid capital gains tax he is planning to go for construction of a house(not interested in purchase of a ready house) under sec.54F of IT act. He does not posess any site for construction. my wife (that means my father's daughter-in-law) has a site and she is ready to transfer/gift 50% of the site to his name for construction by my father.
here for gifting the site, it is understood that, the gift deed should be subjected to stamp duty of 6% of the value which becomes very huge and not afordable by my father. another way out is to gift to me by my wife and inturn me gifting to my father, so that the gift deeds should be subjected to only Rs.1000/- stamp duty+ Rs.500/- regn. fee as learnt from some sources. kindly confirm my view.
secondly, instead of the above procedure, please clarify whether my wife and my father can enter into a joint vernture agreement/joint development agreement so that on the site my wife is posessing, my father can go for construction? if so what are the legal procedure to go for joint development deed?
since my father has to open a capital gains account before 31 july (date for filing IT return, i request to please clarify me on the above aspects.
Anonymous
07 June 2011 at 20:01
I signed an agreement on plain paper to buy a property in Delhi and the time period in the agreement was 6 months, which is about to finish. Now the seller is not willing to sell it and instead wants to refund my money. Is there any provision by which I can force him to sell the property to me? We might come to an amicable solution later on, but I would like to make sure that the property is not sold to anyone else till then. Is there anyway I can get a stay on the sale of the property without going to Court?
Someone told me that I can go to the registrar office and deposit the entire consideration money there and this way, they will not allow anyone else to buy the property. Is this true? Or is Court the only way to stop the sale of this property till we reach a settlement?
saraswatik
07 June 2011 at 17:45
1.1. If anybody is living in a room that is on pagadi system and wants to rent it to other person, is it necessary to give money to building owner and how much money should be given to him...Should we ask of receipt of that particular amount from building owner..
2. While selling room, how much % should be given to building owner in pagadi system.
3. If suppose there is ceiling collapse in room and how percentage of expenses should room owner ask from building owner...
4. We are paying our rent to building owner.. but on rent receipt..the name of original owner is there , but signature is done by his son above ---vasool karnaryachi sahi... .So is it legal to accept such type of rent receipt.
Dhananjay
07 June 2011 at 17:29
I am dealing with a property in Maharashtra, wherein on the revenue record of the said property name of Police Station is reflected.
From the Revenue Record it appears that the said land was acquired by the Govt (Police) in the year 1955 without following the due process of Law. Further it appears that, name of Govet is recorded in record of right vide a Kam Jast Patrak.
I have gathered information from various Revenue Depts under Right To Information Act.
From the said information it appears that the said Land was not Acquired as per the provisions of Land Acquisition act nor same was acquired by the Govt by other modes i.e. Sale Deed, Gift Deed etc.
As the said land was not maintained and looked after by Govt., same has been encroached by slum.
Further I made an application to S.P office Rural Dept under RTI Act, where by asking for the information about how the said land was acquired by them. I received an reply from them which mentioned that they do not know how the said land was acquired by the them nor they have any document to show there title.
I would like to know, whether in this case the Original owners will get their land back from the Govt?
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