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

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Anonymous   03 December 2010 at 21:03

cancellation / modification of sale deed

I purchased a flat in Karnataka & executed a sale dee.Erroneously, the amount was wrongly mentioned.Whether the sale deed can be modified with the consent of builder else what is the remedy

kiran 11111   03 December 2010 at 19:18

Registration

I had purchased a small house of 200 sq feet in a village by way of unregistered document.The said document was impounded by stamp authority when i produced the document to trasfer the assessment in my favour.Stamp authorities imposed a panalty on me. After few hearing ,i was ordered to pay deficit stamp duty chargeable. Acccordingly i paid the same. There after i made a declaration to the effect that i have purchased the property. The seller objected to making my declaration.
Now Muncipal authorities are refusing to transfer assessment in my name on the ground that unregistered document along with declaration has no legal value ?
What is remedy available to protect my right?

Anonymous   03 December 2010 at 12:55

Right of Pre-emption

Can right of pre-emption claimed in self acquired property? Or it can only claim in ancestral property or property which is comes by inheritance in maharashra?

Anonymous   03 December 2010 at 11:38

joint development agreement

can a two land owner(borthers)with equal land can enter with joint develop agreement or MOU for the constrution of commercial complex ( with equil share of investment and profit). what are the legality in it. whether it can be registered

girish   02 December 2010 at 23:40

karab land

my father has purchased a site in 1987 in mysore outskirt, and he is paying the tax regularly, a week back he thought of construct a house,when he went to gram pachayat office he was told that the sites is not allignned and site is karab land. 1. he has all documents relating to site. 2. site has no servy number. 3. some third party is troubling saying that this property is a karab land which registered in his name, he has gone to court

Anonymous   02 December 2010 at 22:51

sale deed

Dear all,
The land is situated in Maharashtra. The land record shows under class 3 & devstan trust in other rights . The owner was applied in 1972 against the case against trustee towards charity commissioner for finding the fact. After verification it was unregistered trust and given award accordingly. After it was registered on ferfar document i.e. 6 A in Tahsil but remain unchanged on 7/12 EXTRACT IN 1976.Present 7/12 shows DEVSTAN & 5 owners names class III.
Now the land owner sold their land to X person & did sale deed agreement and enjoying physical possession. After registration tahsil dept. refused to record X name on 7/12 stating that land belongs to Devstan(HINDU) & comes under CLASS 3 category. Now X sold their land to Y on by reg.NOTARY mentioning condition that all documents to be cleared by the seller. Y has also purchased some new land existing this land so he is very much interested to purchase this land but having following doubts:
1. Can Y do sale deed based on X’s sale deed without 7/12 extract? If yes this a valid document in law?
2.How valid document of NOTARY in law& how much period if period not mentioned in while doing Notary?
3. What is the procedure to fight against tahsil dept, if Y done sale deed with X?
4.What is LEGAL document to prevent Y to sale this land to third party?
5.Is their any legal complication will arise in future?
Please advise,
Thanks.



RAM 11111111   02 December 2010 at 22:40

sale deed

1

ravi   02 December 2010 at 20:54

buying of agricultural land in karnataka- Section 79B 1(b)(iii) of Karnataka Land reforms Act 1961

Sir,

I am planning to buy a agricultural property from the people who are joint owners. Section 79B(1)(b)(iii) of Karnataka Land Reforms Act 1961 stipulates that it is unlawful to hold land by an association or body of individuals not being a joint family. This agriculatural land is jointly owned by friends and not by Joint family. Therefore technically under Karnataka Land Reforms Act, it is illegal possession by them.

If I buy a agricultural land from them, will it create a problem for me? Is there any court ruling over ruling the above section?

Is there any way out to resolve the technicality of Section 79B(1)(b)(iii) of Karnataka Land reforms Act 1961?

Regards

Ravi P

Anonymous   02 December 2010 at 19:28

Please help me

Dear Sir /Madam,
To begin with the situation, I am the only son of my parents with three sisters among which two of them are elder to me.My eldest sister got married 13 years back and since when all the episode started.Throughout these 13 years of marriage my Brother in law and my elder sister had been constantly pressurizing my parents to sign some papers which suggests to have part in the small property of my father that he had been able to build up throughout his lifetime.Now since i am working in Mumbai for a firm and is staying far away from my parents (staying in Assam),their level of pressure has gone up to even man handling of my growing old parents and my younger sister who stays with my parents causing a terrorizing situation for them.Keeping in view the tortures that they had been doing with my parents,my Father had decided not to share any sort of property with them.However,as far as my knowledge is concerned i think all the children have equal rights on there fathers property and i do not have a problem with that.But looking at the hardships that these people had brought to my old parents and my younger sister i too is not in favour of giving out anything.So my question is,is there any way to stop this from happening and guard my fathers decision.
Sir/Madam,

please help me in knowing the steps or the approach that neeed to be taken in this scenario.

Appreciate your help

Kushal

Anonymous   02 December 2010 at 17:52

Family Partition.

Sir / Madam,

This is a case pertaining to HUF flat of my late father which was under litigation in City Civil Court, Mumbai, after his death between his wife [my mother] and son [myself]. There are 4 legal heirs of my father - my mother, myself and 2 married daughters. An amicable settlement was arrived at between my mother and myself wherein both the daughters had relinquished their share in favour of mother as a result of which the flay is to be divided betwee mother and son on more or less 50% basis.
A decree had been obtained from the court after filing Cosent Terms and MOU - both between Mother and Son and Indemnity cum Declaration by both the daughters.
My query relating to the above is:
- Is it necessary to register the Deed of Release which is yet to be prepared.
- Will registration amount be paid on the whole flat or on half flat and what is the maximum limit of registration fees.
- Will the Deed of Release have to be Stamped? Stamp duty had already been paid on the Agreement of Flat during the Amnesty scheme.
- How will the stamp duty be calculated. On the whole flat or on 50% of the flat.
- What type of document should be prepared so as to attract least duty but be fool-prrof - a Deed of Partition OR a Deed of Family Arrangement OR any other document that you may feel proper.
- any other point that may be relevant in connection to the above.
Thanks in advance.
Regards,
Anand