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

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Anonymous   02 December 2010 at 17:24

agreement of sale/irrevocable gpa

Market value paid. An agreement of sale cum irrevocable gpa was obtained.Buyer signed in the agreement of sale to represent the seller in all legal matters.The agreement of sale also has indemnity clause.
The said property has gone into litigation.The person who paid the market value and got a gpa is unable to use or sell the property
Now the person who has the GPA is threatening to take criminal action against the seller. after all he is a gpa holder. can he take criminal action against the person who gave the gpa.

Anonymous   02 December 2010 at 16:38

Harassment by tenant

I have given my flat on rent in Gurgaon from 15th May'10. The tanent gave me two months rent as advance in cash. He did not ask for any receipt. For 15 days in May he paid the brokerage on my behalf to dealer. For June'10 he paid the rent late to me in cash so I asked him for post dated cheques. He gave me 11 post dated cheques. The cheque for July got bounced and he gave me cash on informing him. In Aug he told me not to deposit the cheque and he will give me cash along with the rent of sept. as he is out of job for the time being. In Sept he told me that he will vacate the house and adjusted the rent against two months advance. In the meantime in Sept I left India to meet my son in Singapore. I am still in Singapore. He did not vacate the house and gave the rent for Oct on 22nd or 23rd Oct to my daughter living nearby my flat. All his post dated cheques are with me. Neither he is vacating the house nor he is paying the rent as I am out of India. I will be back on 10th of Dec and want to know what action should I take. Should I get his cheques bounced and send notice for vacation on grounds of non payment of rent and also file a case for bouncing of cheques. Kindly advice.

Anonymous   02 December 2010 at 14:27

Name enter in revenue record

I purchse a office in commercial complex at Gujarat. Sale deed made between land owners, Developer (Partnership firm) Both are called Vendor in sale deed and Purchaser. The land owner name In revenue record and land owners are also partner in partnership firm now i puuchase a office in this complex. My Question is
(1) I Enter my name in revenue record?
(2) In partnership firm land owners and others are partner and make a partnership firm and in partnership document mention that the land owners give a land for developed commercial scheme and partnership firm developed the scheme / do construction work on the land. It's necessary the name of Partnership firm name enter in revenue records?

Anonymous   02 December 2010 at 07:58

WHETHER PROPERTY INHERITED THROUGH MOTHER SELF ACWQUIRED PROPERTY

sir, Please tell me if x has inherited property from his mother y by means of settlement deed has mortgaged the same in favour of z, subsequently by means of reconveyance deed the title has been reconveyed in favour of x. My question can x deny property rights to his legal heirs claiming it to be his self earned property?

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Anonymous   02 December 2010 at 07:52

QUERY ON PUBLIC TRUST

mygrand father donated about 5.5 acres to a devastanam during 1921-22 and 1922-23. According to the gift deed during the annual kalyana ustavam of the diety the authorities should perform Rathotsavam in the name of donor on permenant places forever. It seems they discontinued it from 1992. As a hier I tried to seak the factual position since May 2003. But no response donors list is also not place in their Website please advise what we should do?

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Anonymous   02 December 2010 at 07:42

HOW TO SOLVE THIS LAND DISPUTE

Dear Sir,

My grand father was renting the land in 1945 and rent receipt available with us. My father built a house initially and running a shop and at the same time back side of our house about 90 cents land my father developed and was cultivating paddy, coconut, banana plant, Mango, Cashew trees and pepper.

My father before his marriage he allowed his sister and her husband to live in our house when they got married. They both were teachers in a primary school nearby. Without my fathers knowledge, the cunning sister and brother-in law purchase the entire land from the land owner in 1952 and constructed their own house to our adjuscent plot. When my father came to know about his purchase of land, he said the land which my father was enjoying to him only and its free to my father but for several instance my father requested him to transfer the land to his name he was giving various reasons like he has loan on the property. At later the year 1982, my fathers brother in law served a lawyer notice to my father that my father is holding 30 cents land as licensee and if interested to purchase then my father has to pay Rs 150/- per cent. My father replied thru a lawyer that my brother in law stated in his notice is FALSE. Later, 3 local member called for a meeting without my fathers consent and come to a conclusion that he will acquire balance land leaving 47 cents land along with the house. As agreed by local member committee, he put the FENCE leaving 47 cents to my father.

But months, year passed, my father requested thru the committee member to resolve the matter but failed to leagalise the matter. My fathers brother-in law had attack of PARALYSIS and died and subsequently other 2 members died. Now only 1 member is alive. My fathers sister is alive and we came to know that she has completed the WILL to her children. My father so innocent, refused to submit DECLARATION during Land REFORM ACT.

We are 7 children 3 Brothers and 4 sisters married and settled now. My father and mother they live in the disputed land. Now I am planing to come and settle with them for my retired life and to look after them becoz my father is now 80 yrs. old and mother is 72. I wanted to build a terrace house since the existing house is infected from termite.

Please advise us how to go legally and get solved the land dispute.

Thanking you,

Walter
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praveen   02 December 2010 at 01:57

help needed

i was a minor when my father expired. I am the only legal heir for my father. my aunt(father’s sister) has my father’s settlement document for a land in Chennai .she also has its patta which is on my name. now she refuses that she doesnot have any of it. a building has been built on this land through joint venture by a promoter when I was a minor.he retained 55% of U.D.S and has sold his portion of building. The promoter has given me a deed of agreement for 45% U.D.S comprising of 2flats as my share.

Now I have planned to sell those 2 flats but I have only the following:-
1) Xerox copy of my fathers original settlement document . Now i have a true copy xerox of my fathers settlement document issued by saidapet sub-registrar with the seal of S.R.O on the last page.
2)Xerox copy of patta(manual hand written) on my name. Now I have attested real duplicate computer patta on my name sealed.
3)original builders agreement on my name
4)clear E.C record for 12 yrs on my name
5)original legal heir certificate of my father
6)Xerox copy of approved building plan.

I begged my aunt to give me my father’s settlement document and my patta but she is adamant and doesn’t have the heart to give it back to me.
My fears are :-
1)if I file a F.I.R then the buyer may bargain the price or think of avoiding complications.
2) The interested buyers lawyer say that the true copy xerox that i have cannot substitute the original settlement document as the original can be misused by the person who has it.As a result he doesn’t want his client to take the risk.

I desperately need money urgently . what is the best way to sell the 2 flats?
pls guide me the best way step by step.

nataraj   02 December 2010 at 00:56

Property Succession

Sir,

1. My great grand mother purchased [self aquired] PROPERTY in her name in bangalore city and GOT transferred to my grandfather's name after her death as per HINDU SUCCESSION [Intestate].

2. Now MY grand father also died in 1970 without making any WILL [intestate].

3. It got transferred My grand mother [intestate] she also died last year.

4. Grand father had 3 sons & 4 daughters, and all alive still.

5. 2nd son that is my father is also alive still.

6. I'am Natarajk [33yrs age] grandson living in my grandfathers property [i.e. above described property] at present, but no other son or daughter or grandson or granddaughter are staying with me.

7. Now im also married, i want to know what rights i have in my grandfathers property, and can i ask my share in the grandfather's property which came to him by my great grand mother. [still my father and there brother & sisters not divided above mentioned property].

8. Please help me out in this regard clearly.

Anonymous   01 December 2010 at 22:14

Sale deed containing part payment clause -sale of Plot

Can we straight away enter into sale agreement, get it stamped for appropriate value for the sale consideration, get it signed by Purchaser and seller but pay 50%
as part payment and stipulate that at the time of registration within 20 days balance will be paid, failing which the balance amount will be remitted to court and steps will be taken to get the property registered
in the name of the purchaser. Can such a sale deed is legally correct/valid as the present case involves paying 50% amount.
Reason for doing this: seller wants urgently money and purchaser requires time. Seller wants firm commitment hence insisting for 50% payment and is not ready to agree for signing AGREEMENT FOR SALE .
WHAT IS THE DIFFERENCE between Agreement for sale and sale deed. Some one says Sale deed means irrevocable sale transaction whereas agreement of sale can be revoked.

Anonymous   01 December 2010 at 20:12

Property

Sir,
My mother had self acquired 2400 sqft of site with built house. one year back she made gift deed for 1600 sqft to me . now she is suffering from cancer, she wants to give the rest of property to me. She cannot go to register office. can she make a WILL even in this medical condition. will it stand if my sisters challenge it.

Pl answer my doubt.