Anonymous
29 September 2010 at 10:50
My father along with his brothers and his father(i.e. my grandfather) have undergone partition of the ancestral property through an unregistered partition deed in the year 1986. I and my sister were minors at that time. Now, my sister (more particularly her husband) who is a major now wants to challenge that unregistered partition deed. Is this possible? If possible then on what lines is this possible?
vetrivelan.s
29 September 2010 at 06:35
WE ARE FOUR SISTERS LOST OUR FATHER LAST MONTH WHO LEFT AN HOUSE FROM HIS SOLE EARNINGS, NO WILL MADE BY HIM BUT HE HAD TOLD US HIS DESIRE THAT WE HAVE TO BE TOGETHER AS THE HOUSE GOT 4 PORTIONS AND HE WANTS US TO LIVE ONLY NOT TO SELL OR ENTER INTO ANY SORT OF ENCUMBRANCE IN THE PROPERTY BUT TO PASS ON TO 5 FIVE GRAND CHILDREN INTACT. HIS WISH IS THAT THE YOUNGEST GRAND CHILDREN SHOULD ATTAIN AGE OF 18 YEARS THAT TIME THE 5 GR CHILDREN CAN EITHER COLLECTIVELY CONSTRUCT A NEW HOUSE BY DEMOLISHING THIS HOUSE OR SELL THIS AND SHARE EQUALLY. KINDLY ADVICE US UNDER THIS CIRCUMSTANCES SHALL WE GET INTO AN REGISTERED DEED OF AGREEMENT OR WHAT DOCUMENT SHOULD WE REGISTER. PLEASE HELP US.
kunal
29 September 2010 at 01:06
there is a property whose bhumi dhari rights were hold by person 'A '
after the death of this person 'A' all the legal heirs execute a relinquishment registered deed in favor of their family member 'B' ,
'B' tranfers his rights to another family member 'C' by virtue of registered GPA, agreement to sell, money receipt and will in 2005 .
'C' sell this property by virtue of registered sale deed to 'D' in 2007 and in 2008 'D' sell this property to me by virtue of reggisted sale deed.
now the dispute is that one person 'X' is in possesion of some of the area of said property and claimed to be owner on the behalf of registered sale deed executed by 'B' in 2008.but the 'B' said he had got this deed fraudently he has no title chain except of that registered sale deed he got from 'B'. now what is the releif for me? I am in big trouble plz help me out
Anonymous
28 September 2010 at 21:23
In rent case, High court in CRP has granted two months time to vacate the premsies. Since tenant not vacated. After filing EP, how much time will the court grant for delivery of possession. Is it possible for the tenant to get some more time or can they approach other courts and stall the proceedings
Vivek
28 September 2010 at 15:57
Hi,
I want to check whether an LLP / Pvt limited company can do the business of buying & selling residential property in India.
Whether it makes the difference if the company has NRI / foreign directors or partners.
Thanks
Vivek
Ravindra Joshi
28 September 2010 at 13:56
I am NRI from Gulf and am buying a flat in Ahmedabad. When I visited Ahmedabad last month, since I was to obtain a loan from HDFC, I have executed POA in favor of my brother who stays in Gujarat, which inter alia, authorizes him to excute sale deed and submit the same before the Sub-Registrar for registration. The said POA was duly notarized with photographs. However, the POA is not registered with the Sub-Registrar.
Execution of sale deed and registration is due to take place next week. Due to work pressure, I am not in position to visit.
My question is
(i) Can my brother / POA holder execute the sale deed and present it before sub-registrar for registration, based on the notazrized POA?
(ii) As the POA was already notarized, still is it complusory to register the POA with the Sub-registrar, in order for registration of the sale deed to take place;
(iii) If the answer to (ii) is yes, whether it is possible to register the POA by the POA holder now without my visiting there and thereafter, executing and registering the sale deed?
(iv) Can NRI execute POA while in India on a social visit, without involving the Indian Consulate of the country where he is currently working / residing?
Thanks and regards
Aftab Bharmal
28 September 2010 at 13:13
We had given a open land for doing some business to a neighbor around in 1970's the business went well and they started paying a monthly rent and took signatures of my grandmom,
Now as time passed they have constructed walls, even taken electricity and other constructions without our concern,
The rent is mere 15/mnth. and they are paying it in court as we do not want them as tenant at all.
1) What can be done to the construction they have made without our concern.
2) Important one!! How can we vacate such tenants. . ? how long would it take as they are not ready to vacate it at any cost.
Thanks
Aftab
Mukul
28 September 2010 at 08:34
I have buught a resale flat in Chikali ,Pune which falls under Pradhikaran area.(Near PCMC Pune)
This is from a reputed builder in PUNE.
The first owner of the flat when approached builder for NOC to sell the flat they demended INR 25000 for the PCNTDA tax.Bulder informed that the tax will be paid to PCNTDA only after completion of the society which is still under construction.Owner paid INR 25000 and got the NOC.Now builder has approached me who has bought the flat and again demanding INR 25000.as per builder the previous amount was paid by the forst owner and in order to get the flat rejistered on the 2nd ower we need to pay INR 25000 again.
Please advice
Sanjay Sehgal
27 September 2010 at 18:46
If a person purchase a house and in this house there is a tenant on some space. Whether a new rent deed agreement is required with the new purchaser of property. If purchaser is not ready to go into rent deed agreement. how a landlod could get vacant the space for tenant.
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SALE AGREEMENT NO SALE DEED COMPANY WOUND UP
The first sale transaction is by the owner Mr. RAMASWANY, confirmed by M/s. Irvin developers as developer selling the property SITE NO. 9005 in a GRAMAPANCHAYAT in favour of M/s. ABC INDUSTRIES LTD., on 27/04/1997.
Second sale by M/S ABC INDUSTRIES LTD TO GOVINDAPPa.
Third sale by Sri.Govindappa to SRI.Narayana munshi on 20.08.2009.
M/s.ABC INDUSTRIES Limited appointed Sri GOVINDAPPA as G.P.A holder in respect of the site property No.9005 . Further, M/S ABC industries has entered into an agreement of sale with Sri GOVINDAPPA for selling the aforesaid site property on 20/11/1999. copy of the Board Resolution extract for sale of the property of the company IS NOT AVAILABLE TO NEW BUYER. NO Board resolution is avaialble for appointing an individual, who is not concerned with the company as GPA holder for selling the immovable property.
M/S ABC INDUSTRIES LITD HAS BEEN WOUND UP BY KARNATAKA HIGH COURT ON 12.7.2004
The Sale Agreement of 20/11/1999 loses its validity after three years. M/s. ABC INDUSTRIES LTD., has stated that they would not terminate this agreement, as the entire consideration is received by them. Whether the SALE agreement is unenforceable after three years???.
In the sale agreement, the company has stated that they are offering to sell the property to meet company commitments and legal necessities. This should have been reflected in the board resolution, which is not available.
If we consider that Sri GOVINDAPPA continues to be the GPA holder of the company, (subject to board resolution), the sale deed is executed in the year 2009. The sale deed does not state that Sri GOVINDAPPA is selling the property in the capacity of GPA holder of M/s. ABC INDUSTRIES LTD., In the Sale Deed, the recitals state that Sri GOVINDAPPA has derived title by way of Sale Agreement dated 20/11/1999. Whether Sale Agreements would confer title on the agreement holder.? OR WHETHER A A specific sale deed should have been registered in favour OF GOVINDAPPA by the company.
(How this can be rectified now??? Especially when the company has been wound up)
The sale made by Sri GOVINDAPPA is in his individual capacity, wherein he is claiming the ownership. Whether, Sri GOVINDAPPA has derived any title, in the absence of registered sale deed in his favour BY m/s ABC INDUSTRIES LTD., . whether the sale made by Sri GOVINDAPPA to SRI. NARAYANA MUNSHI is in order.
I SEEK YOUR CONSIDERED OPINION AS TO WHETHER I SUGUMA CAN BUY THIS PROPERTY FROM SRI. NARAYANA MUNSHI and whether Sri.Narayana Munshi is having clear marketable title.???.
WHAT STEPS TO BE TAKEN BY GOVINDAPPA OR NARAYANA MUNSHI TO RECTIFY THE DEFECTS IN THE DOCUMENTS REFERRED ABOVE.??? OR DO YOU THINK THE PROPERTY BELONGS TO OFFICIAL LIQUIDATOR OF THE WOUND UP COMPANY M/S ABC INDUSTRIES LTD., and narayana munshiCannot sell and in that event what course of action has against MR. GOVINDAPPA???