Anonymous
12 September 2010 at 16:49
sir i want to purchase land in gaothan area near panvel(navi mumbai) where in some portion belonged to between gaothan & arrear portion in near gaothan i want to develop it by making residential flat so how can i manage it?
Anonymous
12 September 2010 at 16:41
IN A PARTITION SUIT, AN EXPARTE DECREE IS PASSED. THE DECREE IS BAD IN LAW. THE COURT HAS NOT APPLIED THE AMENDED ACT OF HINDU SUCESSION ACT. TWO FEMALE CHILDREN GOT 1/20 SHARE IN THE PROPERTY AND MALE CHILDREN GOT 6/20 SHARE.THE PROPERTY BELONGED TO THE FATHER OF THE LITIGANTS. THE FINAL DECREE PROCEEDINGS ARE GOING ON AND IS POSTED TO NEXT DATE.WHETHER THE JUDJEMENT/PRELIMINARY DECREE CAN BE CHALLENGED IN THE FINAL DECREE PROCEEDINGS AND SET ASIDE AS IT IS THE CONTINUATION OF THE SUIT.
2] OUR APPEAL IN THE HIGHER COURT MAY NOT STAND AS IT IS ALREADY DELAYED BY 10 YEARS DUE TO CERTAIN VALID REASONS. ONE OF THE DEFENDANTS LEFT THE PLACE AND NO NOTICE WAS SERVED ON HER. ADVOCATE REPORTED NO INSTRUCTIONS TO THE COURT WITHOUT THE KNOWLEDGE OF THE PARTY. PARTY IS NOT THAT EDUCATED/FAMILIAR IN THE COURT MATTERS.PL.GUIDE US WITH SOME CITATIONS.
viswanathan
12 September 2010 at 08:51
Respected Sirs,
My landlord has filed in this Petition stating that "The Petitioner states that the age of the petition premises is more than 25 years old and is not exempted under Section 30 of the Tamil Nadu Buildings (Lease and Rent) Control Act, 1960". Kindly advise me what this section states and whether it is favourable for the tenant or the landlord.
Thyagarajan
11 September 2010 at 21:21
In our complex of 178 flats declared as residential men/women employed as doctors lawyers and other professions and on a capacity as MP of India are residing. There are many visitors to them to get their services and few of the residents are giving tutorial help to students.
One of the resident owners had complained to the secretary of the Association that a particular owner is attracting more visitors who get tutorial benefit resulting in prolonged usage of lifts and lights in common areas. Summing up the complainant has declared that such activities are of commercial nature and had to be stopped.
Can the places occupied by either lawyers/doctors or those giving tutorial be termed as commercial units?
Anonymous
11 September 2010 at 19:32
I have purchase a flat in Kolhapur city in maharastra, it’s a flat in a cooperative society…registered in 1987.I am the third owner.
First owner was Mr Deo ,who was one of the 42 members when the society was formed.. Mr Shah ,then the promoter was the first chairman and the partner of the construction company which built the society. The society Was registered and the members were given possession on agreement to sale. No sale deeds were executed.
Mr Deo in 1993 sold the flat to Mr Anikhinde, vide a registered sale deed ,and payment of stamp duty and the share certificate was transfer in name of Mr Anikhinde.(but the sale deed doesnot give details of how DEO has become owner like details of sale deed or agreement to sale bet construction company and Deo.)Ankinde had the possession of the flat till 1999.
In between in 1995 some of the members got their sale deed registered.but not the one which I am mentioning here
And in 1999 I took the purchased the flat from Mr anikhide vide a registered sale deed, and payment of stamp duty) and the share certificate was transferred to my name, and municipal taxes are on my name now.
Now in 2010 when I want to sell the flat, I went to the registar office and found that the flat still remains in name of the Construction company, and Mr Deo name and further Mr anikhinde neame is not on record.
Mr Deo when asked for relevant documents, he hand over a agreement to sale bet him and the construction company, that too is unregistered but sign by the partners of the Construction company and Mr deo.But that is not on stamp paper, but has a print format with 10 Rs adhesive stamp.
He says he doesnot remember having executed the sale deed and has no reciept of payment of stamp duty either.
The construction company too is reluctant and says the old records are not with us.
The Registar says that unless there is a sale deed bet the Construction com and Deo is there the further names cannot be entered on the property card.
Now what is the solution to this,how can the property be on my name on record….iis there any provision by law or procedure so that my name is entered ther in records….the society is ready to cooperate and also Mr Anikhinde too…..
Vinay desai ..9371102478
Chandrika Subramaniyan
11 September 2010 at 16:50
My question is should I give the tenant a copy of the sale and settlement Deeds or not ?I do not know the Tenant well….and from below…wonder whether he can be trusted considering he is also in the property field himself.
Brief on effort and action made so far towards selling a property.
1.Decided to sell a flat (1/6th Owner ship of Land/Plot measuring 1 Ground and 1175 Sq Ft and a 2 BR Aptmnt measuring 825Sq Ft in the plot )bought by my Father in 1975 in Desikachary Road Alwarpet and subsequently recieved the property to my name after demise of Father in 1993 under settlement agreement between Mother,Brother and Self.
2. Talked to the Tenant residing there currently on 11 Month contract from year 01 Nov 2004 and informed him on my decision.He was ready to buy the property although his tentative price quote did not match what the Builders (Original Builders of the Property Value it at currently…that is the market and potential sale value). Did not match my expectations or research that gave me a fair price value. I may negotiate to agree to lower price by 3 to 4 Lakhs.
3. Meanwhile Tenant requires copy of the sale deed & settlement deed to take it to the bank to assess his loan possibility and to get the property valued by them and to get the mortgage value of that property before he buys….before he will re consider his offer to buy price.
4. The Original Builder….the senior marketing executive is of the opinion not to give even a copy of the sale and settlement deed without a pre sale agreement and 10 to 20 Lakhs in DD before releasing even the copy. Their opinion is that the Tenant really does not need a copy of the sale deed and settlement deed to assess all of the above he claims he needs the sale deed to assess. Says…..Loan approval really depends on the income potential….the Bank value of the property may not necessarily be the market value…and that by giving the address of where the tenant resides….he can very easily get a mortgage value of the property from the local municipal/corporation office.
Thank you for your guidance and opinions
Rgds
Chandrika
G V SUBBA RAO
11 September 2010 at 12:45
Dear Sir,
I am the branch manager of State Bank of India. We have recently opened a new branch in Pamidipadu in Prakasam District. Please advise us whether it is a notified centre for creation of equitable mortgage, by deposit of title deeds.
(G V SUBBA RAO)
Anonymous
11 September 2010 at 09:30
Many builders need funds for theit project and they make lucrative pre launch offers to investors which are fraugh with cheting and fraud etc. I there fore seek advice from experts as to what precautions need to be taken while investing in under construction projects. Will appreciate if some will forward files containg documents to be taken care ofas I intend to invest around Rs.50lacs.
Warm regards,
Anonymous
11 September 2010 at 00:19
Suppose,I submit original docs with my petition and then the same day take certified copies of all of these docs from the court,thereafter next day,can I deposit these certified copies with the court and take back the originals ?
Can u please suggest that whether this can happen or not?
Would the court allow me to do so ?
If yes,would the court ask me questions,why I am doing all this?
I wanna do all this to skip the exhibition of the docs,is it a right move ?
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The difference of summary procedure and ordinary procedure ???
Can U please tell me step to step differences of both the procedures in Tenant Eviction Cases esp.in Delhi ???
Thnx in advance.