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

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Anonymous   17 February 2011 at 15:21

Meaning of Solenama & Proforma Respondent

Could you please tell me what is the meaning of

1) Solenama
2) Proforma Respondent?

Thanks.

Anonymous   17 February 2011 at 14:06

Inherited Property

Dear Sir,

Please refer the attachment.

An earliest response will be sincerely appreciated

Thanks & regards,

Anonymous   17 February 2011 at 13:41

Land in Mangalore

My Father had a property in Mysore n we are 2 bros n 1 sis , My father had made a will stating that her daughters have no rights in this property
Accordingly we have done the transfer in the DC office Mysore n have got Survey no & RTC done in our names.
Now my question is whether my sister can still challenge the property in the court
Pls advice
Thanking you

Anonymous   17 February 2011 at 12:32

Request to suggest family property issue.

Dear Sir,

We are seven brothers and sisters (two brothers and five sisters) and are having a property where me and my brother are living along with our familities. My father was missing since two years and a FIR lodged to this effect in the Police Station. This property is freehold but unfortunately nobody is nominee in this case. There are following questions from our part: -

1) Whether both brothers can claim the above property in our name or we have to give each sister their share ?

2) Is our sister's consent is required for giving the property in our names ?

3) Whether we have to wait for another five years to resolve the above isuse ?

4) We are having another flat where the flat is in the name of my father and he made nominee my mother. Can she dispose off the same flat or give this flat to any of her child at her discretion or she has to wait for another five years for disposing off the flat.

Sir, kindly advise at the earliest, please

Shridhar   17 February 2011 at 00:25

Transfer of Joint Property in the name of Father and Son to the daughter

Me and my Honourable father hold a property at Kolhapur. We have decided to transfer the same in to my sister's name ( she is married ). Please let us know :

a.What kind of agreement should we be executing to minimise tax and stamp duty payments
b.What is the stamp duty applicable
c.What are the tax implications if she pays a compensation for transfer of property in both the cases - Gift or normal Transfer to all three of us. I am the first joint holder of the property and my dad is the second joint holder of the property.

sunil nautiyal   16 February 2011 at 22:09

Impleadment Application in the SCI

The Society CGHS constructed 264 flats for its members along with 118 covered car parking spaces (CCPS) in Stilt Area. The members were allotted CCPS through lucky draw on license basis on 24-02-1991. However, by the lapse of time some of the members sold the flats alongwith garages and some of the members sold the flats and garages separately. Knowing this some members who were kept in waiting list of car garages appealed before the Delhi Cooperative Tribunal. The appeal was allowed by the Delhi Cooperative Tribunal vide order dated 08-06-2007 with the direction to the society to take legal action against the original allottees of the parking space on attorney or sale basis and recover the parking space from them and to allot them to the waiting list members on the First Come First Serve Basis. The Society challenged the order and the High Court of Delhi set aside the order passed by Delhi Cooperative Tribunal making the Rule absolute directing that in case of sale of flats, rights in the car parking can also be transferred but the same cannot be transferred to an outsider who is not an owner of the flat. At para 20 of the judgment learned counsel for the contesting respondents sought to contend that there were some transfers made not to the same person who purchased the flat but to another flat owner in the society. Such a course of action could have been doubtful but in view of the resolution passed on 30-09-07 to treat the CCPS on ownership basis with heritable and transferable rights at par with the flats, no grievance even in that behalf can be made. Thus aggrieved my right since seller of my flat sold CCPS on 2002 and I bought the flat in the year 2005 through agreement to sell. My argument is that CCPS is part of stilt area and part of common area and can not be sold separately as held by Apex Court in civil appeal 2544/2010. Now wait listed members filed a SLP in the Supreme Court of India. I was never a party in lower courts, but can I file an impleadment application with above mentioned SLP though relief sought is different?? If not, then what is the procedure of filing a SLP as I was not a party in any court??

Anonymous   16 February 2011 at 18:20

Garage

I'm planning to purchase a shop in the ground floor of a flat being constructed after demolition of a house where I was a tenant for a similar shop room.I want a parking space for my personal four wheeler at least for the time my shop will be open.Promoter is demanding extra money for giving me open parking.My questions are:-
1.As per Supreme Court judgement,do I get automatic parking rights with purchase of shop or flat in same building?
2.Does the promoter have legal rights to sell the garage/open parking separately or as a package alongwith sale of a shop or flat?

Anonymous   16 February 2011 at 17:31

partition

Sir,
Iwould like to know the share of the son in a HUF property being the only son and 5 sisters my father has some own and ancesterol property and he expired in 1991
Please help me

ramesh   16 February 2011 at 17:26

how to find plot no. of ancestral property in kanpur

I have recently come to know that my grand father Mr. chellaram r gajwani was allotted a house property somewhere in chamanganj kanpur after migrating from sindh pakistan in 1947 as claim settlement he has died long back my father has also died my father,s sister told me about this she wants me to find out the plot no. of that house so that we can proceed further to get possession of that house when my grand father was alive he tried alot to get the possession of the house from a muslim who was already occuping it before it was allotted to my grandfather.he didnot succeed , I donot have any document about that property or any case papers. can i get the plot no.through RTI act ? whom should i write for it ? is it possible after somany years to get back the possession pl. advise me what to do . my name Ramesh p gajwani I am from Akola (MS) my mob. no. 9850550597 my email add. rameshgajwani@rediff.com

SUDEESH KUMAR   16 February 2011 at 14:38

validity of agreement

RESPECTED TEAM ,


I AM SERVING IN INDIAN AIR FORCE,I HAVE MADE AN AGREEMENT TO PURCHASE A LAND EARLIER FILLED WHICH WAS ON REVENUE RECORDS AS WET LAND IN PATHANAMTHITTA (DIST) MALLAPPALLY (TALUK) OF KERALA FOR 40,000 A CENT FOR 20 CENT FOR 08 LAKHS,AND PAID 01 LAKH AND AGREED IN 50 RS STAMP PAPER TO MAKE THE DEED IN FOUR MONTHS ON DEC 2009. THE OWNER TOLD TO CONVERT THE LAND AS DRY LAND OR PLOT BY THE TIME OF REGISTRATION. ON APRIL 2010 WHEN WE AGREED FOR DEED THE LAND WAS STILL WET LAND , SO KEEPING ONE LAKH WITH ME I PAID 06 LAKH + 01 LAKH EARLIER =07 LAKH AND MAID THE TITLE DEED ON 28 APRIL. THE OWNER OF THE LAND AND I HAVE MAID AN AGREEMENT IN 50 RS STAMP PAPER THAT THE BALANCE AMOUNT WILL BE PAID BACK WITH INTEREST AT THE TIME THE LAND IS CONVERTED INTO DRY LAND IN REVENUE RECORDS AND PRODUCE THE PROOF, (WITHIN 07 MONTHS WHICH WAS VERBAL, NOT MENTIONED IN THE AGREEMENT WHICH HE FAILED TO DO FROM LAST 10 MONTHS). NOW THE PREVIOUS OWNER CAME TO KNOW FROM SOME SOURCE THAT THE LAND IS BEING CONVERTED INTO DRY LAND AND RETURN HIS 01 LAKH WITH INTEREST OR OTHER WISE HE WILL MOVE TO COURT. WHAT SHOULD I DO PLEASE GUIDE ME.
FURTHER,

, I ASKED MANY TIMES BEFORE COMPLETING 07 MONTHS TO THE OWNER TO CONVERT IT TO DRY LAND BUT HE REPLIED THAT GOVERNMENT IS PROCEEDING AND IT WILL BE SOON DONE. I HAVE PAID THE TAX OF THE LAND AND MADE IT IN MY NAME IN VILLAGE OFFICE RECORDS