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

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DHARMENDRA   08 February 2011 at 16:24

banakhat

registration of banakhat is compulsury?

Anonymous   08 February 2011 at 15:59

where will the Jurisdiction take place?

Thanks in advance for legal opinion.

The shop/mall is in Gurgaon but builder's registered office is in Delhi.
Various documents from the builder state following:
"subject to jurisdiction Delhi only"

Can I still file a case in Gurgaon court/consumer court?

Anonymous   08 February 2011 at 13:43

Where the brother‘s wife (widow) can claim.

1. Suppose “A”, “B” and “C” is the three brothers they don’t have sister,
2. all three and A’s wife and B’s wife are is died now and C’s wife is alive,
3. The A and C don’t have any issue .
4. B have two son both are alive. “A” have property (flat) in pune. The A and C don’t have any issue.
5. No WILL is created by “A”, but “A” gave power of attorney to B’s son
6. My question is whether C’s wife can clam in that property (flat) or only B’s sons have nominees.

Bhawani Mahapatra   08 February 2011 at 11:52

Regarding Jurisdiction

Dear Experts

A lease agreement is executed between "X and "Y" for certain thing wherein it is specifically mentioned in a clause that any dispute arising out of that agreement will be decided at the competent court where "X" resides.
"Y" resides at a different place. "X" and "Y" resides at different jurisdiction.

Now can "Y" file a suit at the court where he resides against "X" for specific performance of contract ?

Chandrika Subramaniyan   08 February 2011 at 09:07

Guideline on Sale Deed & Lawyer's Fee in Chennai

Dear Lawyers,

I am in the process of selling a 35 Year old Flat in Chennai Mylapore area.The sale is set to conclude at Rs 5200000 (all white)for a UDS of 595 Sq Ft & Flat size inclusive of common area at 825 Sq Ft which is part of 6 flats building. My questions are as follows and would be grateful for a guideline.

1.In the sale deed, the buyer wants to segregate land value,Building value so that he can reduce the registration fee for himself plus value for furnitures built in(part of the flat) all of which will make Rs 5200000 and I expect to collect one DD for this whole amount. Now, will I be breaking the law by signing above deed and showing partial as land and building value towards LTCG computations and the balance as cost towards the furniture.Would this balance be considered as black money ? I want to be transparent law compliant .

2. The lawyer I am dealing with does not give me a an indication for his fee structure. His role in this has been minimal like talking to the buyer ( Initial sale price and agreement has been directly by self and the buyer as buyer is the tenant who resides there) , giving copies of documents (Copies were taken by the buyer paying his own money from the lawyer)for buyer's loan approval, to write the sale deed and register the property etc. I would be grateful for a general and approximate guideline for a Lawyer's fee.

Thanking You
Chandrika Subramaniyan

Anonymous   07 February 2011 at 23:12

Maintenance charges for commercial shop in a new mall in Gurgaon

I booked, 2-3 years ago, a commercial shop in one of the upcoming malls in Gurgaon developed by a known builder.
I have made 100% of the payment. The mall is now almost ready but the registration is not yet done.

The registration has not been done but an invoice/bill has been already sent by the builder/maintenance agency.

• Can builder or the maintenance agency/company already raise the bill/invoice for electricity and maintenance before registration of the property?
• Shouldn’t such a demand be raised only after registration of the shop/property?
• Is it same for residential complexes (society flats, …)?

Thanks for the suggestions and legal opinion.

Anonymous   07 February 2011 at 21:48

Can I approach consumer court?

I booked, 2-3 years ago, a commercial shop in one of the upcoming malls in Gurgaon developed by a known builder.
I have made 100% of the payment. The mall is now ready but the size of my shop is about 5% smaller. I have been asking the builder to refund the excess amount but there is no response from the builder on my emails and registered letters.
* What can/should I do?
* Can I file a case in consumer court for refund of my money? The cost of the shop is about 30L and refund is about 1.5L

Thanks for the suggestions and legal opinion.

Anonymous   07 February 2011 at 21:47

Rectification Deed

Hi,

While registering sale deed in the sub registrar office, I found that there is a mistake in the layout name in the Sale Deed. It should be KPCL Layout but in the sale deed it was KCPL layout, that time our advocate made the correction by applying whitener in the sale deed along with extra signature(both seller and buyer)in the margin of the page. Then it goes for scanning. Next day I realised there is still one appearing KCPL instead of KPCL in the sale deed. In the latest EC it is appearing correctly. Do I need to proceed for rectification deed in this situation or it is ok? Our advocate is saying it is ok nothing to do now.

Anonymous   07 February 2011 at 20:14

tenant act

respected sir,
i have a query aregarding a suit...
sir my friend(my friend is poor and his father became 90 years old) has a property, some persons residing in it filled a case(tenancy act) ten years back but lastly a year ago the case has been dismissed by supreme court..now those persons not leaving the site and again filling the case in lower court(district court)..some peoples telling that supreme court is last then how come they can file a case again and again..
thanking you.

Anonymous   07 February 2011 at 20:09

Succession to Property

Need guidance and help....

We are a brother and sister and belong to Orissa.
Our Parents are no more alive.
We have some property in the name of my mother which we are to inherit.

However, we want to jointly inherit the same, if possible (my sister is single and has chosen to be so for the rest of her life).

I need somebody to advise if joint inherittance is possible and the steps for the same. We have got the legal heir and death certificates.

Secondly, there is one property, which is a two floor house on a singlt plot. Is it possible to inherit the same severaly with each floor inherited by either me or my sster.