queryforme
04 May 2011 at 16:38
Dear Sir,
"
M/S. __________________ a Company Incorporated under the Indian Companies Act 1956, having its Registered Office at ___________________________ Represented by its DIRECTOR _____________ W/o. _______________ Hindu, aged about 49 years hereinafter called the term “VENDOR-COMPANY”, On the “ONE PART”
TO AND IN FAVOUR OF
Mr. ______________ S/o _______ aged about __ years, residing at __________ hereinafter called the term “PURCHASER” on the other part.
The terms “VENDOR” and “PURCHASER” shall always mean and include her/his respective legal heirs, executors, and administrators, successors in office, agents and assigns.
......
THE VENDOR covenants with the purchaser that the purchaser shall peacefully and quietly use and enjoy the schedule mentioned property as his own property without any let, hindrance, obstruction, claims of demand by or on behalf of any person lawfully claiming through or in trust for the VENDOR or otherwise and the schedule mentioned property is not subject to any charge, lien, mortgage, lis pendens, litigation, acquisition proceedings order of attachment passed or effected in any court pertaining thereto etc.
In the event of any loss or damage, the VENDOR shall at his own cost indemnify the purchaser in respect of the schedule mentioned property.
THE VENDOR hereby covenants with the purchaser that all the statutory dues payable to the local body or revenue authorities in respect of schedule mentioned property have been fully paid up to the date of registration of this Deed of Sale and if anything remains unpaid or claimed in future for the dues if any, the VENDOR shall discharge the same from and out of his own funds to the concerned authorities.
"
My Query: In first paragraph its shown as “VENDOR-COMPANY” and last two paragraphs used the term VENDOR. Can we mention "VENDOR-COMPANY" as "VENDOR"?
jolly
04 May 2011 at 13:37
Dear Experts,
My Taya ji made a forged WIll of my grandmother by endorse her forged signature and date of WILL was executed after her death in the year of 1979 (residential house in Chandigarh) and NOC's has been already taken from all legal heirs in the year of 1983. In the year of 2010 he sold the house to some property dealer where we were residing since 1969 along with my parents and my family in the possession of ground floor. Property dealer has filed a litigation of mandatory Injunction against us.
Pls suggest me, what legal action should l take against the forged WILL and real uncle in the path of justice.
Eagerly waiting for kind reply.
nishant gahlawat
04 May 2011 at 13:05
dear friends....in property matters A trasfers his plot to B by way of license.now here what sort of rights B attains? can B sell it further?DOES SUCH TRANSFER by license is barred by any time limit.
vipul
04 May 2011 at 12:54
Hi All,
I have a query regarding dependts rights on a property. I have purchased a property in hyderabad and got it registered by paying atamp duties. my query is that i have purchases from a person who has a wife, a physically handicapped son, 2 daughetrs which are married. His wife and son (physically handicapped & not married) is not staying with the person. he has not given divorce to his wife.
My query is that in future do his wife or son or his married daughter can claim any interest in the sold property. In all the registered documents he has , he is the owner and now we purchased from him so from now onwards we are the owner.
Can his dependents have any claim on the sold property.
Anonymous
04 May 2011 at 11:50
An agreement to sale (ATS) was executed in Tamil Nadu by six legal heirs of the property (Located in Chennai) on a stamp paper of Rs. 20, purchased by our father on 18th May 2010, after six years of his death with two prospective buyers. Our mother died before my father died.
A Token amount was given to all the legal heirs and it was stated in the ATS. It was further stated that the purchaser has to pay the balance amount in equal share to all the vendors and get it registered with in 90 days from the date the last vendor signing the ATS as the vendors are signing the ATS on the different date due to the fact some of them are residing out side the state of Tamil Nadu but with in India. The last vendor signed the ATS on 12-06-2010. Accordingly the performance should have taken place on 12-09-2010.
On the due date in spite of various assurance given by the buyers the sale could not be done even today ie 04-05-2011. Buyers are giving lame excuses and trying to delay the issue. Recently they had told that instead of sale deed they prefer to go on power of Attorney basis to avoid stamp duty etc., followed by sale deed and to show less amount of sale consideration. From this it is clear they are the genuine buyers instead brokers looking for a hike in the price and to sell later.
Since the forfeiture clause was not mentioned , they had not come forward to take back the advance money. On our enquiry, they insisted that they are interested in purchase and as per the law of land (TN) the ATS is valid for three years though for specific 90 days is mentioned. Neither he is allowing for a new buyers to come.
Shall be grateful if the clarification is provided on the following quarries which is roaming in my mind.
1. Is the ATS is still valid even after the expiry of 90 days.
2. Under which Law the indirect assumption of validity of three years of ATS is applicable as conveyed by the buyer.
3. Can they prevent the new buyers and create problem at the time of registration
4. Are we bound to return the Advance money though the forfeiture clause is not there. We are interested for the specific performance even today as per the ATS. Can we take legal action against the buyers on specific performance.
5. Since they are not demanding the advance money how to pay them. Is it to thro court or any other alternative is available.
chandra1
03 May 2011 at 22:23
I am the only child of my parents. My mother was gifted a property by her mother in law i.e. grandmother by virtue of registered gift deed. That as an eldest member of the family rent was being accepted by my grand mother. My grandmother was died in 1996.Thereafter the rent was being accepted by my father for few years being as eldest member of the family, and receipts used to be given either by my sign or by my fathers, but due to some unavoidable habits of my father, my mother has appointed me her attorney to collect the rent by virtue of registered power of attorney. Thereafter demand notice was sent to the tenants to pay the rent giving the details of attorney. But the rent was sent through the money order in the name of my father and my father had refused to receive the rent. An application was moved before the court of law under section 30(1) of the said act by the tenants. My father stated in his written statement that he was no more land lord and had no objection if the rent was paid to my only son. The matter has been disposed off in LOK ADALAT with the direction since no title has been shown and tenants can deposit rent on their risk.
In protest of aforesaid judgment, review application has been filed. In the mean time my father was suffering from lung Cancer subsequently died on 6 Jan 2011 due to long illness review application under section 30(1) have been dismissed in default.
It is pertinent to mention here that I am unemployed and have become over aged and my mother has filed suit for eviction under section 21(1) of the said act in the year 2005 which is still pending in the court.
Now my queries are as follows:
1) Whether the court is empowered to test the ownership under section 30(1)?
2) Whether my mother should serve a fresh demand notice to the tenants giving all details for making the payment of rent.?
3) What I should do for taking the rent which was deposited in the court in favour of my father under section30(1)?
Kindly help me on this forum.
Thanks.
Anonymous
03 May 2011 at 20:27
Dear Sirs,
Here is a peculiar case, wherin a 80 years old father of a HUF family is trying to cheat his 4 daughters/lone son of their due share in their mother's self-earned property.
The Father is aged bout 80 years and his wife died in the year 2005 leaving behind 4 married daughters, 1 married Son, Grand Sons & Grand Daughters.
The Mother of these 5 persons was having self-earned agricultural land of 5 acres near Chennai in her name and the present market value is around 1.2 crores.
She did not leave behind any will on her property. Hence the Father of this family wants, the entire property should go to him.
Hence he hatched a wicked plan and staged a drama in the year 2007, as if he would end his life, if his son or 4 daughters doesn't sign a deed prepared by him.
Out of fear and emotional pressure, his only son and 4 daughters were forced to sign/register a document, even without questioning him about the contents of it.
He did not gave a copy of the document to any of his daughters/son, as he doesn't want any one to know the contents of the document.
Hence one of his daughter questioned him about his crooked act, in a family gathering last week. As his conspiracy was exposed, once again he played a emotional
drama and got support from 2 daughters. Hence 2 daughters want to have equal share in the foresaid property and other 2 doesn't want any share.
One of his daughter had managed to get a copy of the document and shocked to know it is DEED OF PARTITION WITH A CASH PAYMENT FOR EQUALISATION.
A gist of this partition deed is given below:
Partys to the deed: (1) Father, (2) to (5) Daughters and (6) Son.
Total area of the property : 5 Acres and was divided into "A", "B", "C", "D", "E", "F"schedules.
Declared Value of the total property: 75 Lacs.
Value of the schedule "A" property was declared as Rs. 74,50,000/- and this goes to part No. (1)
Value of the schedule "B", "C", "D", "E", "F" was declared as Rs. 10,000/- each and goes to partys (2) to (6).
As Party Nos. (2), (3), (4), (5), (6) doesn't have a need for this property, they have handed over their shares to party No.(1) for a sum of Rs. 10,000/- only.
A Total sum of Rs. 50000/- was paid to them from the family income.
This partition was done for the comfort and development of individual families.
Whether this partition can be challenged for depriving equal shares to the daughters of the family?
Can one or two daughter alone fight for equal property share now?
Please provide your valueable suggestions and advice.
Thanking you inadvance.
Prakash.
Anonymous
03 May 2011 at 17:46
Hi, I have given my flat in Delhi to my nephew in 2006 since he was in bad financial condition and didnot have a place/money to stay. As a caution, I insisted on preparing & jointly signing a lease agreement (11 months) for rent @ 3500 (but this was not registered, and has not been renewed since). From 2006 till date, I have not taken/recd any rent/money. Now, the person is not vacating despite several requests. I am retired and require this flat so as to get regular income. Can you please suggest:
1. Should I file a case, if so, how much time it may take in this scenario, and what are your siggestions....I am in deep mental agony, PLEASE HELP
Anonymous
03 May 2011 at 17:13
Dear Sir,
I ve been staying in a pagdi system flat for last 40 years. There was no agreement to begin with though I have the rent receipts, electricity bills and other address proofs with me. A public notice has appeared in a news paper asking for declaration of any interest in the land as the landlord wants to sell his rights to a developer.
What are we as tenants suppoed to do? should we inform the developer that we are the tenants there?
In general, what are the rules guiding such transactions? What right do we have in deciding the corpus fund, rent, extra space etc. as the agreement would eventually occur between the land lord and the builder?
if we have to seek legal help, who should we approach?
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landlord not giving agreement
Dear forum,
I have been staying on rent from 01 may 2009 with rent of 4500 PM. next year i was forced to pay 5600 PM and now 6200 PM wef 01 may 2011. after giving the half rent of year in advance as no deposit was given eventhough he do not treat well or talks properly.
Can
1) i ask for the registered rent agreement without giving the remaining rent amount?
2) court / licensee / licensor decide the standard rent?
3) i recover the excess rent paid by me above the standard rent?