Anonymous
25 May 2011 at 11:13
Sir/Madam,
We are preaparing Stamp Duty ready reckoner for PAN india related property documents like Loan Agreements, Mortgage, Memorendum of Entry, Hypothecation, General Power of Attoreny, Deed of Gaurantee,Indemnity Boand, Affidavit etc.
Can I get any updated stamp duty reckoner for all states wherefrom we can get updated stamp duties of each states,
Thanks & Regards
Anonymous
25 May 2011 at 10:24
I have 2 Qns
1. Whether it is necessary to take permission of the society before selling the property (legally we can fight?)
2. Whether mortgaged property can be sold ?
Anonymous
25 May 2011 at 09:19
Dear sir,
Unmarried and married daughter are qualify for share in the father self and grand father property,but this rules are efect only some states are through out india. and please clarify from which year this rules is effect.
Thank U.
Anonymous
25 May 2011 at 05:50
Hi experts,
Thanks for your advise to my previous query. I need some clarification regarding the property which I have purchased.
The brief history is detailed below:
I have purechased a property of 15*40 out of 30*40 and the other part of 15*40 was sold to X Person.
The property was alloted by society to the allotee in 1976 and the allottee was passed away after that his son got transferred the Khata from his father name to his name and paid taxes also. In 2008 he made a registered GPA to the other party which has the condition of right to sale. we purchased the half(150*40) property from the GPA holder and the GPA holder handed over only original tax paid receipt , Khata extract, EC, No due certificate issued from Society 1986.
When we asked about the mother deed (The first doccument which was given by society to the allottee) he siad that was lost in 1980's and he gave certified copy to us. when we asked about GPA which was made to him by the allottee's son he said that is with the x person who purchased the other half property(15*40). and he is giving the reason that when he sell the half site of 30*40 he cant give the origianls to both so he gave all originals except GPA to us and he gave GPA to X person.
My questions are :
1) Is certified copy of mother deed is enough for future safe.
2) Is GPA cannot be given to both of us as we purchased part of the property.
3) Banks are asking about origianl copy of mother deed and they are not agree with certified copy.
4) The X person who purchased property started construction and completed to some extent they didnt face any problem regarding this. becasue of this I hope I can believe this property is genuine.
A. J. Akbar ( Jaidi Jaffer A.)
25 May 2011 at 01:06
Respected sir ,
In my case, we are having a room in landlord system chawl, even after the death of my father the land lord is not putting my name over the monthly rent bill.the monthly bill is still issued in the name of my father only. the land lord is not ready to transmit the room in my name. Please give so advice and tips to overcome this problem.
Anonymous
24 May 2011 at 23:39
Person X purchased a property from person Y. He availed of a bank loan to do so thus mortgaging the property to the bank. Now, person X gave GPA of the property to person Y ( they are related) after few years while loan repayment was still on and hence the property was not free from hypothecation.Person Y ( the original owner) then uses this GPA to actually sell this property to person Z ( who is related to person Y).
I would like your view on the following :-
1) Firstly, is GPA on a mortgaged property valid ? Does it not violate the bank's rights ?
2) Can sale transactions be done on mortgaged property via a GPA lie this ?
3) Lastly, who will now be liable for repayment of loan - Person X ( orignal debtor), Person Y ( in whose favour GPA was made) or person Z ( the end owner)
Appreciate your view.
Regards
Anonymous
24 May 2011 at 20:17
hindu widow daughter in law(no child) can claim properties from mother in law.
Anonymous
24 May 2011 at 11:43
Supreme Court's model rent agreement assures tenant 5 yrs' stay
Dhananjay Mahapatra, May 15, 2011, 01.57am IST
NEW DELHI: The Supreme Court has drafted a model landlord-tenant agreement promising tenants five years of peaceful stay in the premises if they give rent at market rate, increase it by 10% every three years and pay the property tax for the house.
It asked the tenants to pay up every charge accrued on the house to enable the landlord get the rentals without any deduction.
"If the present and prevalent market rent assessed and fixed between the parties is paid by the tenant, the landlord shall not be entitled to bring any action for his eviction against such a tenant at least for a period of five years.
Thus, for five years the tenant shall enjoy immunity from being evicted from the premises," the court said. The court realized that in most landlord-tenant disputes, there were no written contracts and the tenants took advantage of the situation because of the slow process of rent control laws and the judicial process involved in eviction.
The court said adherence to these guidelines could considerably bring down litigation. This judgment would not affect the tenancy governed by existing lease deeds or specific contracts between the landlord and tenant.
It found tenants occupying the property by paying rent at a rate determined 20-25 years ago, and said half of the landlord-tenant disputes would not have reached the courts if the tenants agreed to pay rent at market rate.
Writing from personal and judicial experience, the court said: "We deem it our duty and obligation to fix some guidelines and norms for such type of litigation, so as to minimize the landlord-tenant litigation at all levels."
It said: "The tenant must enhance the rent according to the terms of the agreement or at least by 10% after every three years. If the rent is too low in comparison to the market rent having been fixed almost 20 to 25 years back, then the present market rate should be worked out."
It should be determined either on the basis of valuation report or reliable estimates of building rentals in surrounding areas let out recently, said Justice Bhandari, who authored the judgment for the bench.
"The rent should be just, proper and adequate and be fixed keeping in mind the location of the property, type of construction, accessibility with the main road, availability of parking space. Care should be taken that it does not end up being a bonanza for the landlord," it said.
"Apart from the rentals, property tax, water tax, maintenance charges, electricity charges for the actual consumption of the tenanted premises and for common area shall be payable by the tenant only so that the landlord gets the actual rent out of which nothing should be deductible," he said.
"In case there is enhancement in property tax, water tax or maintenance charges, electricity charges then the same shall also be borne by the tenant only," the bench said.
Minor repairs of the premises would be carried out by the tenant from his own pocket and he could not undertake any major repairs, requiring reimbursement, without prior permission from the landlord, the bench said.
"If any major repairs are carried out then in that case only after obtaining permission from the landlord in writing, the same shall be carried out and modalities with regard to adjustment of the amount spent thereon, would have to be worked out between the parties," the court said.
Valuable experts please comment upon this latest judgement....
Anonymous
24 May 2011 at 09:50
Dear Experts,
Please express your valuable opinion on the following matter :
'A' had a flat in Cooperative Group Housing Society (CGHS). The same was under construction during his lifetime and hence not under possession. Before allotment could be made, A expired. 'A' had done nomination in favour of 'X' who is not in blood relation. Post A's death, X made the payment for remaining installments to CGHS to which the society never objected and often issued letters/demand notices in his name as well. However, now when X approaches CGHS for allotment, CGHS is saying that nomination is not valid since it is not in blood relation and challenges X as fraud claimant.
Q.1 Is the claim of society valid?
Q.2 What can be done by nominee or the legal heirs to resolve this issue?
Q.3 In case none of the sons & daughters of A are alive, can his grandsons / granddaughters claim their right in property? If yes, how the property can be allotted/transferred in one of their names?
Q.4 Out of a nominee and legal heir, whose rights to property are more powerful?
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Can Society exchange agriculture land with another society?
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