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

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Maseeh azam   30 March 2011 at 07:57

difference in land area in decree and mutation

Sir i got land through court decree through hiba 1956 sq ft,municipal corp also indicating area(rakba) 1956 sq ft, but mutation through anchal showing only 1624 sq ft so they given me land possesion certficate of 1624sqft only,but actually i have possesion of 1956 sq ft as per court decree,the karamchari of anchal told that according to their survey they have given you that are.
now my question is can i mortgage my land(regestered mortage)1624 sq ft as per anchal tax reciept and mutation area.
Bank has objected and send my paper to their lawer for impact of difference of land area on bank.
And panel lawyer are telling me to file in DCLR(comm land and rev).
Is the lawyer is doing right why they are not doing mortgage as per anchal and not according to decree.
3 I have applied housing loan through salary of me and my wife, both in job and also through income tax return.so area is not important as i think. going through DCLR simply delay my loan process.please guide

Anonymous   30 March 2011 at 03:34

How to find out a Court case on a property before buying it?

I bought a piece of residential land in Dec. 2010. Last week I got a legal notice from a lawyer stating that the land I bought is under litigation and the case is pending in high court. He also stated that the sale deed is invalid.

My questions are:

1. Is there a way to find out if the property is having any legal issues before buying?
2. In my case, what are my options I have now?
3. Is the sale deed really invalid?

Any help regarding my issue will be greatly appreciated.

SHIV RATTAN YADAV   29 March 2011 at 22:39

Accounting problem with registery of agricultural land

Hi Experts,
The problem is regarding a sale of land where in the buying party has not made any payment instead the broker made the self arrangement of fund and paid to the selling party and the same has been recorded in Agreement as well( that a certain sum of money has been received by the selling party on a specific date)the amount was 5 lakh.

Now the problem is this that the buying party is unable to understand as how to show the same in its books.As they had not withdrawn from bank any amount approximate to the paid amount please help.Even the registry is done in the name of buying party.

Dr. MPS RAMANI Ph.D.[Tech.]   29 March 2011 at 19:07

How to prove a will?

A person has a will from his mother bequeathing her entire property to him, appointing him as executor and the will was registered. In the place where the property is situated no probate is required. The property is in adverse possession of another person. If no probate is required, how to take legal action to get possession of the property? In other words how to prove a will without a probate?
Is there stamp duty to get a probate?

Anonymous   29 March 2011 at 18:59

transfer of flat to other family member

dear experts,

we have an ownership flat in the joint name of my father and grandmother. my father is paralyzed and my grandmother is about 80 years old. i also have two uncle and both they stay separately since about 10 to 15 years. now i want to transfer my grandmother's share in our flat, in my name without making any gift deed. can it possible? my father and grandmother are ready for that nothing is hide and sick only the question is that how can my grandmother's share can transfer in my name without making any gift deed.(means without paying gift tax or any other tax or transfer fees or stamp duty)Can it possible? HOw?

Thanks in advance.

DINESH CHOPRA   29 March 2011 at 17:16

MCD LAWS ABOUT SANCTION BUILDING MAP

Dear Sir,
I bought a flat last year in Sept. 2010 and after around six months I received a notice from MCD stating that since the building plan was not sanctioned from the MCD therefore, the building has been constructed illegally. Consequently they sealed 4 flats out of total 8 flats of our building which are till date sealed. It is important to mention herein that it was only all the flats were sold out by the property agent, we received the MCD notice. I would also like to inform you that we have proper Registry of the flat. Now MCD people are threatening us that they have got the instructions of demolishing the building. Please advise what should we do now to come out of this problem.

I would be really grateful if you could advise me best solution of the problem.

with best regards

Dinesh Chopra
dineshchopra@gmail.com

Parag Shah   29 March 2011 at 14:12

I Dont hv Previous Chain of AGreements

Dear Sir,

I had recently bought an flat, while applying for Home loan they are asking for Previous Chain of Agreements, But these agreements for lost in 26th July, 2005. So what should i do further pls guide me

Regards'
Parag P Shah

meenakshi nagori   29 March 2011 at 13:48

CANCELLATION OF REGISTERED SALE DEED.

whether registered sale deed can be canceled on the ground that sale consideration (AS MENTIONED IN THE SALE DEED) is less than the registrered value of the property?
Fact of the case: 1)as the consideration mentioned in the sale deed was due to fraud on the part of purchaser, as the seller is illiterate and was told by seller that the value written in the sale deed is correctly written.

zaahir   29 March 2011 at 13:31

property matter

my grandfather and father both have expired.A property is there which is on my grandfathers name and im his grandson so how can i transfer that property to my name.my grandmother is still alive.i have legal papers and the property papers with me.

Anonymous   29 March 2011 at 08:33

gift without original deed

sir
my father has a land from which a part was gifted to me by gift deed.but i have lost the original deed.mutation is completed for that land and i pay tax in local municipality.i tried to get a true copy from BLRO office but the agent got no trace of my deed there.in addition i like to inform you that i have a dispute with one of my brothers for this land and he took my deed but now refuse to return it.
now i want to gift my portion to my cousin sister through gift deed.
i like to know can i gift it without my original deed and can she take possesion of that land.
pls. reply soon