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

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Anonymous   10 May 2011 at 12:26

selling terrace

dear sirs
i have a house in my name with 2 floors built.can i sell the roof?also will the buyer get the right to add another floor as i dont want him to construct a third floor.

Anonymous   10 May 2011 at 12:13

"Completion Certificate"

Promoter is neither giving the "Completion Certificate" obtaining from BMC, nor he is forming a Owner's Association and handing over the legal ownership of the building after a long times. Fire Fighting Arrangement, Generator & other commitments as per Deed of Conveyance have not been done.

Anonymous   10 May 2011 at 09:55

Family Settlement Deed Registration compulsory ?

Kindly advise whether the Family Settlement Deed (which happened over a property) written on a Rs 100 stamp paper is compulsory to register ?

Anonymous   10 May 2011 at 00:34

Eviction and rights as a tenant

Sir,
We are tenants of a premises in Kolkata since 1972. We have been paying rent to the original landlord who expired and we continued paying rent to his widow who became our landlady. In 2002 the said landlady refused to accept rent even when we sent the rents through Postal Money Order. As per advise of our lawyer, we started depositing our rent with the Rent Control Department and are doing so till this date without break.
Unknowing to us, the landlady had in the meantime mortgaged the property with a nationalised bank. She also sold parts of the mortgaged building to different unsuspecting people by using fake deeds and to avoid litigaton is currently absconding.She could not repay the loan and very recently the Bank has put up a Possession Notice at the premises and published the fact in newspapers.
My query is:
1. Does it mean that the Bank is the owner of the house?
2. Can the bank or any one who purchases the house evict us, who are paying rent regularly with the Rent Control Deptt?If there is that risk, will we be given proper notice before such eviction?
3. If there is any auction by the Bank, are we as bonafide tenants eligible to be offered first preference to purchase our part (the rented property)?

Please provide your valuable opinion in this regard.

Thanks.

akash   09 May 2011 at 23:12

Unregistered agreement to sell on a plain paper

Hello all,

I executed an unregistered agreement to sell my property in New Delhi. The agreement was done on the broker's letterhead and was not registered. Due to some dispute between the buyer and myself after execution, I would not like to go ahead with this transaction and am ready to refund the entire advance (bayana) with an interest if required. The agreement states that I need to refund double the amount of the advance. My question is- is this agreement enforceable in the court, given that its on the broker's letterhead and is unregistered? Other similar questions that I've seen have mixed replies regarding the legal validity of such an agreement.

Thanks in advance for all your help

Ravi kumar Pokala   09 May 2011 at 23:06

My father's property not divinded physically but divided on paper equall

Dear Sir,

My Father is expired 5 years back and we have transferred property on our names(my self, 2 brothers and my mother). But the physical partition is not done and the whole land is cultivated by one of my brother.

Now we would like to divide the land in equal shares but my brother is not willing to do that and he wants to cultivate the land in the future as well. He also applied for the perpetual injunction on the share of his land though there is no physical division exist in reality, he created boundaries him self and sent us lawyer notice which prays "Perpetual Injunction" to the court.

then rest of us filed a partition suite in the same court.

my question is will the court sanction "perpetual injunction" on the land for my brother.

Is there any way to check whether injunction is granted or not?

Please provide me the information

Samazdar Babu   09 May 2011 at 20:58

Best way to transfer share of mother in joint property

My father died 2 years ago and my 2 sisters and mother got the farm land on his name transferred to all four of us. Now the land record shows all 4 as joint owners of this farm land (outside municipal limit).
My mother need some money and can’t find a buyer for her share in the property. We have mutually agreed to transfer her share of land to my name as per the market price of the land. My sisters have no objection on this transfer.
My questions is, what is the best way to get the share of my mother in the land transferred in my name with no or minimal cost? (Gift deed?)
Also, is it possible to do this transaction along with the partition deed where my sister can get their equal share of the land in their name and I get mine and my mother’s share in my name?
We have good mutual understanding and all of us have no objection for the best legally safe solution.
Experts, please advice.



madhukar   09 May 2011 at 20:18

Flat purchase & stamp duty payment

i have booked the flat at vichumbe village in panvel navi mumbai on nov 2010. agreement was of Rs.2300 & Rs 500 black porion. flat is within a complex.area of flat is 665 sq.ft build up & is under construction now. builder has told for registration. as per him i have to pay stam duty 5 % ( 2300x665= 1530000 x5%)= 74000 & 1% TDS on agreement value i.g 15300. now again 1 % vat on agrremnet value i.e 15300 & 2.6 % service tax on agreemnet vale i.e onther 39000. so total comes to 74000+15300+15300+39000=144000. is this all correct & what care is hould take towards registartion & paying stamp duty & vat. pl suggest.

Anonymous   09 May 2011 at 18:59

Relinquishment of Title

I am one of the legal heir to my family consisiting of my younger brother.Our parents died in 2009 without leaving a will.I understand that according to Hindu Succession Act 2005, I am entitled for a share of the property.I love my brother & donot want to strain relations with him.

Can I relinquish my rights on the property by issuing a NOC favouring him. Pl advice with quotes of relevant rule or sub rule or any HC/SC Judgements purpoting my stance. This step is taken to avoid any litigation problems in future from my family members or children.

Regards,

Chandinibibi
Trichur,Kerala
chandini353@gmail.com

Anonymous   09 May 2011 at 18:42

Agreement to sell

An agreement to sell a plot in Haryana is written between two parties . The agreement is written merely on Rs. 10/- stamp paper and not registered and also not attested by notary or any licensed document writer.The value of the property is 50 lac. But later on the dispute arises as the price of the plot rises all of a sudden and the vendor refuses to execute the sale deed and demands more money.But the vendee has sufficient proof to prove that earnest money(byana)of Rs. 10 lac has been paid. Although the vendor is ready to return the byana amount but not ready for executing the registry.Can the suit for specific performance be filed? Is the agreement to sell valid on Rs. 10/- stamp paper?