Anonymous
25 August 2010 at 17:19
We has been executed an agreement to sale and in that agreement to sale the Seller allready handed over us(Purchaser) the possession along with Part consideration. the required stamp duty is paid for the said agreement and thereafter it was Registered.
After that one 3rd party file an suit for recovery of money on the saller & in that suit he has file attachment before judgment application,
Is there any judgment that the Agreement to sale would be consider as sale Deed or is there any judgment on whose basis the said application of Attachment before Judgment application would be rejected.
Anonymous
25 August 2010 at 10:26
10 years back I have bought flat in my name, now I want to add my wifes' name. Can you help me what is procedure and what will be expenses ?
Anonymous
24 August 2010 at 20:35
The case is in High court of Delhi.
what is the procedure for Admission and Denial of documents before the Joint Registrar of Delhi High Court after filing?
Why this process is being adopted before the case is send to Hon'ble Judge?
and what are the main points required to be followed during the process?
Can the defendants submission relie upon only photocopy of Annexures and verbal statements?
AS the suit was earlier filed in lower court and now it is filed in High Court of Delhi, Can the suit be rejected on the grounds of placing new facts which are very much related to the case?
viswanathan
23 August 2010 at 18:05
Respected Sirs,
I have already post two queries in this forum and I have got the advice on both of them. I shall give a brief recap of the same. I am a tenant for the past 23 years paying Rs.2000 rent for the shop portion in Chennai city. I am not in arrears of any rent. I was in possession of the next room key for which the next room tenant was not paying rent and absconding. Since my LL came to know about my possession of keys, he refused to receive the rent for my portion and asked me to vacate the premises. I have tried all sorts of compromise and sending the rent through MO / DD etc. but nothing proved good. I met the next room tenant and asked him to vacate. He also handed over vacant possession without paying arrears of rent. Then I approached a Lawyer in Chennai and sent a Notice along with 4 months rent (March to June 2010) by DD. In the notice, I have mentioned you have not given me receipt for 18 months but you have collected the rent in cash. That is true. My LL accepted the 4 months DD and totally converted the case and sent me a reply notice I am in arrears of 18 months rent and he has asked me several times the arrears of rent and I have refused to pay him. Unfortunately I have no evidence to prove that I have given the rent. Then I sent a rejoinder through my Adv. to his Adv. stating that I have paid all the rent s and I am not in arrears and sent the rent DD for month of July 2010. My LL also accepted this DD stating that still I am in arrears of rent of 18 months and if I do not pay the same, he shall sue me in a court of law and ask for eviction. The main thing here is. On 5.4.2010 he refused the collect the March month rent from me. On 22.4.2010 I sent a DD via courier to his house address. He refused to collect the same and returned back. For countering my sending the DD, he sent me a correspondence on 30.4.2010. Unfortunately I was not in town from 1.5.2010 to 5.5.2010 went to Kollur Sri Mookambiga Temple. The RPAD sent by him could not be received by me. Knowing my absence for 5 days, my LL himself came to my shop on 4.5.2010 and took away the intimation slips which was kept on my door steps by the postal people. But now, my LL is cleverly telling that on 20.4.2010 itself (i.e. 2 days before my sending the first rent DD) he sent a letter asking for arrears of 18 months rent, but you wantonly returned it without receiving it. After that you have been sending the rent by MO for lesser amounts, so I am not receiving it. So now you pay 18 months x Rs.2000 = Rs.36000 otherwise face eviction proceedings. Actually the letter sent by my LL was booked on 30.4.2010 at Chennai GPO. I have collected this information through RTI Act. But now he is telling that he sent me a letter on 20.4.2010 asking for arrears of rent which was not received by me. My Adv. is telling that it is wrong on your part that you not received the letter. Since I was out of station, I did not know about this letter. Now under RTI Act I came to know about this letter. I fear that since my LL is a criminal minded person, he may file the eviction suit against me and some know manage that the summons are not served properly, or he may even go to the extent of knowing on which date the summon is going to be served and come to my shop portion and he himself will take the summons by giving some bribe to the court persons, or he may give bribe to the court clerk and forge my sign as summons served and make the case ex-parte and evict me from the premises. Now I am even ready the pay whatever amount he asks i.e. Rs.36,000/- but if he fights as a gorilla warfare without serving summons what can I do. Kindly advice me. Kindly excuse me for a long letter.
Anonymous
23 August 2010 at 13:07
I am dwelling in a house at village Makhajan(District-Ratnagiri)since our forefather and at that time my house was divided into four parts namely Gangaram, Ganpat, Nathuram and Pandurang. And we are not real brother. As Gangaram was the head of the family and the 7x12 extract of the house was on the name of Gangaram fathers so after his the assesment receipt of the house was coming on Gangaram name. And after his death the assesment receipt was coming on his wife name. In the year 2000 out of the our four one namely Ganpat has build his separate house on other land. So after that Gangaram wife, I and Nathuram have decided to build our house by dividing it into three equal parts. So after that we equally incurred Rs. 10,000 each for the same. Subject to that Gangarams Wife made an affidavit before the Tahsildar stating that since 2001 the assesment receipt should be issued in the name of Gangaram Wife, I and Nathuram instead of only Gangarams Wife. Since then till 2008 the rent receipt was being issued in all of three of us and we were paying the assesment. Now due to some disputes in our family Gangarams wife again made an Affidavit before the Tahsildar directing them to stop the arrangement pertains to issuing the assesment receipt in the name of three. She also stated in that Affidavit that the instead of three the Assesment receipt should be issued in the name of two namely Gangarams Wife and Nathuram. Subject to that our Gram Panchayat stop issuing Assesment receipt in our name. So as i am dwelling in the said house since our fore father so how can such a discrimination can be made against me. What are the quickest remedy available to me so that i will get back my title in the property. Urgent.
shirish kashinath patel
23 August 2010 at 10:09
Sec 6[3] states "where a hindu dies after the commencement of -------- as the case may be."
I have 2 brothers and 3 sisters. Our father has died in 1974. No will has been made by him. He has a share in the joint hindu family. Will the provisons of Hindu Succession amendment act 6 be applicable in our case as our father has died before the commencement of this act ?
Thanks,
Shirish patel
valarmathi
22 August 2010 at 21:12
Respected Sirs,
I request a clarification : A borrower has credited a sum say Rs.1.00 lac in his account after the issue of possession notice. When the sale notice was issued, the amount mentioned in 13(2) notice was repeated but we mentioned the "as on date" , i.e., Say 5.34 lacs on 14.05.10 (13(2) date) without including the credit and recalculating the dues. But the usual terminology of "with subsequent interest and cost" was included.
Is the sale notice "valid"? If the borrower files an affidavit challenging the sale, will an order favouring the borrower be passed?
P.s: All the remittances were credited to the borrower's account any way and we are ready to credit the excess in sale proceedings to his savings account.
Anonymous
22 August 2010 at 16:53
Dear Sir/Madam,
in maharashtra their is various type of land inam. one of that inam 3 (devstan inam 3) my question is can we sold this inam 3 land by giving fees (najrana) to Govt.& whatis process
Anonymous
22 August 2010 at 12:16
I purchased a Flat in Bangalore about three years back and got it registered in my name.I am a senior citizen of 75 years and would now like to include my wifes's name also as coowner of the Flat.How do I do it? Should I reregister and what will be the stamp duty and registration charges?
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AGREEMENT TO SALE UNDER TRANSFER OF PROPERTY ACT
We has been executed an agreement to sale and in that agreement to sale the Seller allready handed over us(Purchaser) the possession along with Part consideration. the required stamp duty is paid for the said agreement and thereafter it was Registered.
After that one 3rd party file an suit for recovery of money on the saller & in that suit he has file attachment before judgment application,
Is there any judgment that the Agreement to sale would be consider as sale Deed or is there any judgment on whose basis the said application of Attachment before Judgment application would be rejected.