Vivek
14 January 2011 at 18:18
Hi,
I have come to UK for work for 3 years (out of which 6 months has been completed)
I am not sure whether this makes my status as NRI or not.
I want to buy a property in Gurgaon and need to understand the legal aspects of power of attorney.
Can I
1) execute a Power of attorney in favour of my In-laws ( as they are in Gurgaon) or other relatives (not blood relation) to buy / invest in a new project in Gurgaon on my behalf.
2) Which one is better - to do this POA from outside India or within India ( I am coming to india in 2 weeks time)
3) What is the process of execute this POA. On stamp paper of how many Rupees ?
4) If it needs to be registered, what are the charges involved.
5) If I need to revoke this POA< how should I do this.
Thanks for your help.
Vivek
Ajay Kumar Reddy
14 January 2011 at 12:01
Sir,
I won the case of my divorse on the Crulty Basis from Durg (C.G.). Then she applied to the HC, Bilaspur, again i won that case. But before filling the case of divorce one day i was not in home at that time my ex-wife entered my house by breaking the lock, At that time i have given coplaint to the Police also at that she entered in my house she kept my allitems & my valuable docments also. But Police has just given me 155 letter then i put complaint on the sec.200 to the court then that case was registered against my ex- wife & my in laws also. That case is going on.
Nw, when i won the case of divorce she is not ready to give me my purchased house nor she is ready to give my valuable items, I got divorced decrre from April.
So please suggest me how can i get my house & she is residing in my house & i am paying the EMI for that house so can i get any legal help for getting the money as rent from April & she can vaccate my house easily & i get my house easily.
Plz reply soon, i am very much in problem.
Anonymous
14 January 2011 at 11:57
In 1950 my Grand father gifted the land to an organition for the development the college.in agrement it was mentioned that if the college will not built then the gifted land will get back to us.but till now there is not any development.Also the organition head to whom my grandfather gifted the land is passed away.
now the other Govt. oragnisation want to acquire that land.So please send the legal procdure how to save my land????
Anonymous
14 January 2011 at 07:53
What should be the minimum & maximum period for Leave & License for Resident Property.
binukokkad
13 January 2011 at 21:46
A,B,C are brothers. A got PATTA for and on behalf of others in the year 1974. he wrote a partnership agreement (unregistered)agreed to divide property with B and C and given separate posession. whether the agreement for partition is a valid document.
Anonymous
13 January 2011 at 20:06
the wife in question is 51% shareholder of property and the husband is 50% share holder.
husband is a retired teacher wants to sell the property or wants to claim his share in terms of money. wife does not want to sell the property nor is she capable of providing the funds as requested by the husband.
can she ask for a stay order on the selling of the property?
what all does she need to do for acquiring the stay order ?
Is the wife liable to pay the amount to husband?
i need some expert advice over this case.
Please let me know if more details are required.
Anonymous
13 January 2011 at 17:03
Dear Experts,
Is allodial title/ownership of property allowed anywhere in India? Or any property can be taken by government under eminent domain?
Anonymous
13 January 2011 at 12:20
my uncle and my dad wants to amicably partition my grandfather's agricultural land.do we need to file a partition suit or can we simply get a partition deed registered? kindly advice.
Anonymous
13 January 2011 at 11:34
Respected Sirs,
My Grandfather ‘X’ in 1950 acquired Property No.: 1 & 2, by a REGISTERED SALE DEED(Self earned). Later, Property No.: 1 & 2,were given new Nos. viz.: 11 & 22, and later in 1969 1st Floor of 11 was given the No.: 11/1 and in 1973 northern portion of 22 was given the No.: 22/1.
In 1971, ‘X’ thru an AFFIDAVIT before the Second Magistrate, brought the Property Nos.: 11, 11/1 & 22 under Hindu Joint Family Property, he being the Karta of the HUF and the members were his wife ‘Y’, 2 Sons – ‘A’, ‘B’, and 2 Daughters – ‘C’ & ‘D’.
In 1972 ‘X” sold the northern portion of Property No.: 22 to his wife ‘Y’ through a REGISTERED SALE DEED which came to be known as No.: 22/1 after bifurcation of Khata from Property No.: 22. This Portion was sold before the bifurcation of Khata from Property No.: 22.
In 1977, the 2 daughters – ‘C’ & ‘D’ through individual UNREGISTERED DEED OF RELEASE in respect of HUF Property Nos.: 11,11/1 & 22 released their rights from the HUF Property for consideration.
In 1982, through an UNREGISTERED DEED OF RELINQUISHMENT, Son ‘B’ relinquished his rights on HUF Property Nos.: 11, 11/1 & 22 in favour of ‘X’, ‘Y’ and ‘A’ who now became the only members of the HUF Property Nos.: 11, 11/1 & 22
In 1982, ‘X’made a REGISTERED WILL through which he bequeathed his Share in Property Nos.: 11, 11/1 & 22 to his son ‘A’ and by another REGISTERED WILL ‘Y’ bequeathed her rights of the Property No.: 22/1 in favour of ‘D’.
In 1986, a UNREGISTERED DEED OF PARTITION was executed between ‘X’ , ‘Y’ as First Party and ‘A’ with his Family as Second Party, through which Property Nos.: 11 and 11/1 were retained with First Party and Property No.: 22 was given to Second Party and the khata for Property 22 was transferred in second Party’s name.
In 1992, ‘Y’ made a REGISTERED CODICIL through which after her demise, ‘X’ was made the owner of her share in Property Nos.: 11 & 11/1 and after his demise the entire Property of 11 & 11/1 will go to ‘A’. Also after her demise, ‘X’ would be the owner of Property No.: 22/1 and after his demise it would go to ‘B’.
In 1992, ‘X’ made a REGISTERED CODICIL through which after his demise, ‘Y’ was made the owner of his share in Property Nos.: 11 & 11/1 and after her demise ‘A’ would be the absolute owner of the same. Also the relinquishment over this property by 'B' is mentioned in this Codicil. Further 'B' was given the whole Business developed by 'X'.
In 1995, ‘X’ expired.
In 2003, ‘Y’ made a REGISTERED GIFT DEED revoking her earlier Will and Codicils in respect to Property No.: 22/1 and through which ‘B’ was gifted the Property No.: 22/1
In June 2003, ‘Y’ expired, hence ‘A’ acquired rights of the entire Property of 11 and 11/1.
In 2006, through a REGISTERED GIFT DEED, ‘A’ gifted this Property 11 & 11/1 to his son - that is me.
Now, the problem is – ‘B’ is denying the Will of ‘X’ and ‘Y’ and his relinquishment over 11, 11/1 and 22. He has taken his share of 22/1 and also the Business of 'X' and now is asking for more in this 11, 11/1 & 22. Moreover, he is in possession of a floor in 11 and 22. By his misvirtues he’s got the khata cancelled in name of ‘A’ for 11 & 11/1 . There is a writ petition pending against this revoking of khata which has been revoked back to 'X' name. Both my aunties ‘C’ and ‘D’ are not interested.
My question is –
1] Can my uncle 'B' or Aunties 'C' & 'D' deny the relinquishment and release deeds they made in 1982 & 1977 respt.
2] The originals of release Deed by aunties 'C' & 'D' and the relinquishment deed by my uncle 'B' are with me. Have they any importance as they are unregistered ?
3] Does the Hindu Succession Rights (Amendment) Act 2005 hold for my both aunties 'C' & 'D'
4]Does the unregistered Partition Deed of 1986 between 'X', 'Y' and 'A' hold good ?
5] Can my uncle 'B' contest the will favouring 'A' (my father) and subsequently the Gift Deed by 'A' to me
6] Does Limitation Act stand here for such contest ?
7] Can my uncle 'B' challenge the Will or Codicils made by 'X' as he is also given the Business in this Codicil?
8] After the Gift Deed of 2006 by my father 'A', I became the owner of the property 11, 11/1 and 22 Now, what is my stand on this property after all these documentations ?
9] can I file a Possession suit against my uncle ‘B’ who is occupying a floor in the said property based on the Gift Deed of 2006 ?
10] how do i get the khata changed in my name when there is a writ petition pending ?
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Notarisation of POA used in surrender deed and suseqent lease-deed of the immovable property.
Case is ...."A" has given POA to "B" on 21/7/2003.. At the time of signing it,in her residence,in sick and bedridden condition..This was done to make her surrender,her sole right in plot of land and ,to create equal share of "A" and "B" by a fresh lease-deed....At the time of "A" signing this POA at her residence,only the family doctor and an advocate were present....Nobody from either (this two) witnessed this POA or gave a medical certificate...From there they went to registration office,where the POA was noted by "B", attested,by a Notary sitting in Sub-Reg,'s office and was attached to surrender-deed and instantly ,was registerd and then, the next document(Lease-deed) was made and signed by "B" as an attorney and got registerd....
( Later "A" expired on 6/6/2004)
..Later when signature of "A" was challanged on forgery charge in 2005 to Society + in 2009 to IG Registration and in 2010 to Maharashtra CID Police enquiry,.. this whole process exactly as happened ,was confirmed by "B" ,`in written statement to Police in presence of Senior PI ranked CID police officer(Senior PI endorsed it and signed it) on 25/10/2010....READERS ,PLEASE KEEP ASIDE THE FORGERY CASE,BUT....
My querry... "WAS THE REGISTRATION of the above POA,Surrender-deed and Lease-Deed, LEGAL, in 2003" ?.... and if yes "HOW"?
( Pl see Signatures are attached)