Anonymous
02 January 2011 at 09:42
SIR, i HAVE PAID EXCESS STAMP DUTY OF Rs.40/= sq.ft recently i.e. in Nov.2010.i.e. instead of paying 660/= per sq ft I paid 700/= per sq.ft for a plot. What is the procedure to get refund?. Why the sub registrar did not advise me that I have paid excess stamp duty ? What is the procedure for applying for refund??
paki
01 January 2011 at 21:23
We have purchased agriculture land in our partnership firm's name. We are 4 partners and all of us are agriculturist but our sale deed is not given by deputy collector of stamps because oficer says to use stamp duty calculated as developed land.If we use stamp duty as developed land rate, we have to use too much duty, what should we do ?
we are from gujarat
pratyu
01 January 2011 at 18:20
The Gift Deed is already Registered by my father in my favour .
I am not able to visit my native place,to apply for mutation as I am in USA.
I would like to transfer that plot to my mother's name.
Please kindly inform me how to transfer that plot to my mother's name without coming to my native place.
If transfer of plot to my mother's name not possible
please inform me how i should proceed if i want my mother to construct house in that plot as soon as possible.
thankyou.
viswanathan
01 January 2011 at 14:54
Sirs,
Wishing all experts a very happy new year. In my rent dispute case, landlord is filing the notice under Transfer of Property act sent by his lawyer to the tenant as a document in the RCOP case. This notice was actually dated 29.4.2010 , post office registration done on 30.4.2010 . But they have corrected the date of notice as 20.4.2010 darkening the 29 with ball point pen and written as 20 (date), only to suit that the landlord was the first one to send the notice to the tenant. I have sent a DD dated 22.4.2010 along with covering letter dated 22.4.2010 which the landlord refused to accept. It is clear from the date that landlord's notice under T.P. Act is nothing but attack on me for sending the DD by rent and creating a proof of tendering the rent well in before the landlord takes any steps. Will this date correction on notice (information under RTI Act from Post Office obtained that the RPAD was booked on 30.4.2010) will help me in proving the case that I bonafidely tendered the rent which the landlord refused to accept and foisted false case against me on willful default in payment of rent for nearly 19 months from August 2008 to February 2010. (I failed to receive the said notice for circumstances which were beyond my control and came to know about the notice only after a long time). Experts may kindly post their suggestions / view which I will have high regards to them.
Anonymous
01 January 2011 at 12:08
Dear Experts,
I could not add this to my earlier query "Legality of Will", so I am submitting more information regarding the same as a separate query.
My great-grandmother willed her property in 1930s to 1940s in favor of her 2 grandsons (my uncles) without leaving anything in favor of her only child, her daughter (my grandmother)
My grandmother had 4 children:
1. Mother (deceased).
2. First uncle.
3. Second uncle.
4. Third uncle (deceased).
One of her sons (third uncle) was adopted by his paternal uncle who transferred all his property in a village (around 60 acres) to him. This adoption was registered and a document is available for the same.
Also, my grandmother made a patta in favor of my mother in the 1980s. This document was registered and a copy is avaialble.
I hope you will clear my doubts on whether:
1. Since the adoption is legalized, does the will made by my great-grandmother before the adoption still remain valid? If the will is invalid, then does the patta made by my grandmother hold good.
2. Can this adopted son still claim inheritance from his biological parents’ property?
3. The patta has been registered and issued by the concerned authority. Does this hold precedence over the will made by my great-grandmother if will is considered invalid after the adoption process.
4. Also, I believe there was a law in 1930s that the property of a female can only pass on to female heirs. If this law was in existence, does the will made by my great-grandmother become invalid.
Hope you can solve my queries with regard to the above.
Thanks in advance.
TEJ NARAYAN RAO
01 January 2011 at 11:21
Sometime in 1951, my father "B" and his two brothers "A" (elder) & "C" (younger) entered into an agreement with "D" wherein "D" gave a plot of residential land "E" located in village (Deoria, UP) to "A,B&C" jointly in return of another one. The agreement is duly registered in a law court, but the same has been kept by my cousins (C’s sons), who is not showing the same to us or anybodyelse with bad intentions. The residential plot “E” has been divided in three parts and we are occupying two-thirds (A’s and B’s share) since 1985 (after separation). There is still a separation / partition wall inside the house constructed in the year 1965 at a portion of “E” and the remaining area is open, which is also divided into three parts and two-thirds has been in our possession till now.
“A” was unmarried and handicapped. He had made a will in 2003 in favour of B’s sons (who took care of him in his old age from 1985 to 2010). On his death on 25.08.10 at the age of about 95 years at Ghaziabad, my cousins (C’s sons), hiding facts of the will, which was known to them unofficially, gave information to the revenue officials and got the whole of immovable property transferred in favour of both surviving families in revenue records. On submission of will and death certificate issued by Nagar Nigam, Ghaziabad by us, the order of revenue officials was stayed and further proceedings for transfer of properties of “A” in favour of B’s sons (legatees) are going on.
At this point of time, my cousins (C’s sons) have started making efforts to take possession of the open area lying in front of the house possessed by us. It is hearsay that some 10-12 years back, “C” had purchased the whole residential plot “E” from “X” who is related to “D”. We have requested local police to maintain status quo, but SHO is saying that A’s property should either be used by both or by none. On our application made in this regard, SDM has observed that if the applicant had been in possession of the plot earlier, status quo be maintained and action for trespass be taken against the opposite party. Local police has not taken any action so far.
I am trying to get a copy of the agreement executed in 1951 from Govt. records.
My query is:
1. Two-thirds share of “E” has been under our peaceful possession as an ancestral house. House is still under our possession and our household things are kept inside. Open area has been unauthorizedly possessed by my cousins as of now and we are facing difficulty in going inside our house. What is the remedy available to me to ensure that status quo is maintained till final decision on my request already made for transfer of A’s property in favour of legatees.
2. Further, as per Section 104 of Indian Succession Act, 1925, do not we have got our vested interest in the legacy from the day of death of “A” which local police does not understand due to pressure from local people / opposite party.”
3. Cannot we file a case against my cousins for having committed forgery of hiding facts (might be unintentionally on records at the time of applying for succession, which now proves their ill-intention to take possession of A’s property by way of forged documents and / or not allowing us to continue to use the two-thirds share in A’s property.
4. Is there any rule like “adverse possession” applicable in my case and how should I take recourse of that rule, i.e. whether the action should be initiated by us.
5. Should we remove the illegal possession by facing consequences whatsoever since SDM’s order is favourable but police has not taken any action so far.
6. Can my cousin get possession of my house and land now and dispossess me of my house and land.
Please help me out by your expert advice at the earliest convenience. For the sake of brevity I had not mentioned the whole facts earlier in my query dated 30.12.10.
Thanks in advance.
TN Rao
Ghaziabad
A PSU employee
P.Gopinath
01 January 2011 at 09:59
During the course of the financial year 2009-2010 I have sold property worth Rs. 40.00 lakhs. The money has been lent to a educational trust to put up an institutional building.
I understand that the sale now attracts Capital gains tax. I would like to know what are the options to avoid or lessen the burden of such a tax. Is there any time limit to invest in the options available to avoid the tax. Regards. P.Gopinath
Anonymous
31 December 2010 at 16:51
Respected experts, Please let me know the step by step procedures to be followed when a person dies leaving a will of his self earned property. He has left his property in his children's name and they do not know how to register the property in their name now. Please guide us also about when the probate is necessary.
Anonymous
31 December 2010 at 15:32
Dear Sir,
My father has made a gift deed. I have also paid the stamp duty as required, but have not yet registered the document. Please let me know within how much time the gift deed need to be registered. What is the penalty if the deed is registered late.
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gift property
if "A" donate a property in favour of "B" as gift.after that "B" becomes unsound minded,and leave the house.
no complaint file in police station.
what is the procedure to acquire that gift property in favour of "B" son and wife?