Bhawani Mahapatra
23 December 2010 at 18:49
What is the provision of Relinquishment. Who can relinquish his right over certain propery.
Is is mandatory to register a deed of relinquishment to effect relinquish one's right.
P V Jayaprakash
23 December 2010 at 16:08
Ours is a co-op hsg soc registered over 20 yrs We got our building redeveloped recently through a developer. He has obtained a Building completion certificate and says that there is no need for an occupancy certificate when BCC is obtained. Please confirm.
Anonymous
23 December 2010 at 14:56
Sir please help me by giving suitable answer i have purchased a flat in a apartment at the time of registration the builder attached a permission plan by GHMC. now after registering the same when the flat owners went to municipal to pay the property tax, their the officials says the apartment is in unit deviation and we have to a property tax of 200% which we are not even responsible. please answer my query and help me whether i have to pay a property tax of 200% or else any idea to pay the proper property tax.
Anonymous
23 December 2010 at 14:23
Dear Sir / Madam,
‘F’ (Father) is the KARTHA of a Hindu Undivided Family (H.U.F). The other members of the HUF are the ‘S’ (Son) and the ‘D’(Daughter). The H.U.F.has both movable and immovable properties. The Daughter ‘D’ executed a Release Deed relinquishing her rights in the immovable property in favour of her Father ’F’, before her marriage. Now she has got two minor children. At a later date, the Son ‘S’ also executed a Release Deed relinquishing his rights in the immovable property in favour of his Father ’F’. At that time the Son ‘S’ was married and had two minor children.
In the Release Deeds ( Registered) both of them have stated that hence forth the Releasor will not have any claims in the schedule immovable property. But the phrase “…or her / his legal heirs “ is not indicated in either of the documents. Both Daughter ‘D’ and Son ‘S’ have relinquished their rights only in the Immovable Property and continue to have their rights in the HUF movable properties.
The question is - whether the Father ‘F’ has become the sole and absolute owner of the schedule immovable property? and whether Father ‘F’ can bequeath the schedule immovable property to any member(s) of the HUF or even an out sider? Since both the Daughter ‘D’ and the Son ‘S’ have executed Release Deeds, can the Father ‘F’ still bequeath (through a WILL or a CODICIL) part of the schedule immovable property to the Daughter ‘D and the Son ‘S’?
I shall be grateful for your valuable answers.
Anonymous
23 December 2010 at 13:34
what shoul be the difference in the monthly maintainance charged froma tenant? are there fixed laws for it or whatever the co-op decides is final? also what if the owner has a PG (paying guest) can the person be charged differential maintanence.
Sudhanshu..
23 December 2010 at 13:27
Hi, please solve the query given below :
Mr.A has a power of attorney of a house located at Delhi in his name now he wants to apply for flat in DDA Housing Scheme 2010 but Eligibility conditions include:-
"The Applicant must not own any residential plot or flat in his her name/spouse/minor-dependent child located in delhi."
Is Mr. A eligibile to apply for DDA Scheme ?
Arunmanikandan
23 December 2010 at 11:31
Sir,
I am planning to buy a property (constructed house) thro'
home loan. Total area of the constructed house is 943.5 sq.ft.
1. A & B are Real owners of the Property (land).Total area of this property (land) is 1285 Sq ft.
2.C is the person who got Power (to transfer the title to others, to construct buildings, to apply for electricity connection on the property name, to enter into agreement for transferring the title to other parties, to cancel the conveyance or sale deed agreement that he has entered into with other parties, to apply for a water connection, to sign in conveyance documents on behalf of real owners, to register conveyance documents in sub-registrar office, to apply for any maintenance works/other works to any public/private/government organizations, to apply for a plan approval to corporation for the buildings constructed in the property)for the property from A & B.
3. D is C's wife and C entered into a 2 years conveyance or sale deed agreement with D on the property (of area 1285 sq.ft.)& got 50,000 as advance amt and conveyance amount deiced is 4.5 lakhs on 30-06-2008.Also this conveyance or sale deed agreement is registered in competent sub-registrar office and is visible in Encumbrance certificate.
4. On 28-01-2010,C using his power and as a power agent for the property he entered into a sale deed to his wife D for only 265 sq.ft. of the total land area (1285 sq. ft.) along with 295 sq.ft of the near by land.
5. C constructed a house in the remaining area of the land (943.5 sq.ft)
6. Now C says he will cancel the sale deed agreement (registered on 30.06.2008) on the day on which sale deed between me & C will be registered, before which he will not. Also, he says he will cancel the sale deed agreement first and I & he can enter into the sale deed next on the same day and it is for his safety.
Doubts:
Now my doubts are that
1. is it necessary to cancel the conveyance or sale deed agreement registered on 30-6-2008 for me to enter into a sale deed with C(who is power agent for the property) ?
2. If so, Whether C has rights to cancel that sale deed agreement?
3. Can I claim that canceling the sale deed agreement is not necessary, since the time period (2 years) is expired by 30-06-2010 itself?
4. If I apply for a home loan before canceling this sale deed agreement with respective encumbrance certificates, will I get a clearance from verification of bank’s legal panel?
5. Can I go-ahead & enter into a sale deed agreement for the constructed house (943.5 sqft) for which another sale deed agreement is already registered on 30-06-2008?
Anonymous
23 December 2010 at 11:28
daughter in law divorced son.
Son married another woman.
Does children (Currently minors) of first wifes have any property rights on grandfather. say on residential property?
Anonymous
23 December 2010 at 08:24
It is a real case
X is a real estate Public limited company. Y is a consultancy private limited company. Agreement entered for sole selling agency of their housing project authorizing Y for collecting money from the buyers.
Registered office of the both the companies are in Chennai. Z Project is in Coimbatore. Y sold all the housing units. But, none of the units registered to the buyers.
Dispute arised. X cancels the sole selling agency.
Y obtained Exparte orders against X from Madras City Civil Court as follows:-
Order 1:- Mandatory injunction restraining the Defendant or his men from terminating or cause to terminating the contracts entered by the Plaintiff prior to the revocation of authority, with regard to the township Z .
Order 2 :- Consequently directing the Defendant after collecting the balance money from the still interested buyers, to execute the such contracts, entered by the Plaintiff before the withdrawal of the authority.
There are numerous complications arised latter. Now the Queries are:-
1. Whether Chennai court is having territorial jurisdiction to pass these Orders 1 & 2 ?
2. All the agreements were between X & Y. Summons and notices served on X company. The company also filed a vakalath and counter. They said that the company had changed the name as Xx, the case against X is illegal. Latter they withdrawn their vakkalath and had not appeared there after. The court examined the Y Company director and passed orders. Documents marked to prove the claim. The name was changed after the dispute but before filing the case. Whether the order of the court in the old name is valid?
3. Whether Xx the renamed company is bound by the sale bookings?
4. Xx company had not preferred any appeal stating that there is no order against them, the order is against X company. Whether it is right?
5. Whether Order 2 of the Chennai court is executable (property is in Coimbatore)? In whose name the EP has to be filed (X or Xx or Xxx (the company renamed for the 2nd time) )
6. Who is liable to return the money to the buyers in case of refund whether it is the principal or agent (receipts issued in the name of X signed by Y)?
Y is claiming their commission and compensation, so refusing to return money to the buyers. X is not accepting the money from Y which was collected from the buyers. Y is prepared pay to X or to deposit the money before the court for the purpose of executing the sale orders and getting commission.
I request experts to post their reply in the light of Properties law, Contracts Act and Companies Act.
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Re: Stamp Duty payable on Gifted property
hello Xperts!
I have always admired the quality of responses I get. I really appreciate all ur feedback on our queries.
Here's another one...
1. The gift deed of immovable property has been executed and duly registered. Whats comes next?
Stamp Duty or anyother thing?