Balakumar.S
05 August 2010 at 22:17
I want to know the legal position as to the registration of power of attorney regarding an immovable property. Whether the registration of the same is mandatory or not?
HARVINDER SINGH ANAND
05 August 2010 at 19:41
Sir,please read the added question in the last line?
Alienated Deity property looked after by SEBAIT(MANAGER):-Declaratory suit filed after 3 years is maintainable or not while the manager is not in possession of the alienated property? Can the sebait(manager)claim recovery of possession thereafter?Thanks.
shashank
05 August 2010 at 17:41
My father has made an agreement of selling a property with a party with a small token amount showing a spacific last date for registration which is due to come, but there is nothing written about break up of the deal. Now if we wait for the last date to pass by without registration then after that date, would the agreement break automatically or there are some legal proceedings needed for the same?
HARVINDER SINGH ANAND
05 August 2010 at 15:47
Alienated Deity property looked after by SEBAIT(MANAGER):-Declaratory suit filed after 3 years is maintainable or not while the manager is not in possession of the alienated property?Can the sebait(manager)claim recovery of possession thereafter?Thanks.
Amy Ruffin
05 August 2010 at 15:44
I have a two storied house in Delhi which I inherited through my father’s will who died one year back. I am staying on the first floor and my Uncle (father’s younger brother) along with his family was living on part of the ground floor and one room on the ground floor is locked and under my possession. My Uncle was supposed to vacate the house after my father’s death as per the will and when he did not vacate I sent him a lawyer notice for eviction. After receiving the notice my Uncle gave to me in writing that he would vacate along with his family after two months, which he has done last week and we also have video footage of that. The Ground floor has two main doors and I am having keys of one of the doors and the other door they have locked and gone without handing over the keys to me. Also they have moved to their own house which is 2kms away. Please suggest how to proceed as I have access to the house and one door is locked.
Muneeswaran K
05 August 2010 at 11:44
May I kindly request the learned experts to give me a copy of an agreement to enter into with my neighbour for construction of a common wall in between both of our houses. Thanking you in anticipation
K.Muneeswaran
mukesh
04 August 2010 at 18:51
I am from gujarat. A residential property owened by Mr.A who is belongs to ST [Adivasi]categary. I am not belongs to ST categary. A wants to sale the property I want to buy. Is there any restriction ? Please also guide me in case i was also belongs to ST categary.
Noorjahan
04 August 2010 at 17:37
Respected Lawyers,
I am a homemaker from tamilnadu. I have entered a sale agreement with one person for buying a land of 3200 Sq.Ft on 7.5.2004.
As per agreement the total rate fixed was Rs.3,78,000.00 and has taken Rs.3,00,000.00 on the same day and Rs.50,000.00 on 30.06.2004 and left his possession by surveying and gave the original documents (Original Will Document, Chitta, Adangal) to us and he has agreed to take the balance during registration. The registration initially delayed due to NOC from Panchayat Board, later when things gets settle down he is hesitating to register because the increase in market value and trying to sell the land to someone.
Till now we are enjoying the possession but still an vacant land. He is asking us to take back the Rs.3,50,000.00 money and leave the possession. We are asking the them to register the land with the help of the family members who witnessed during the transactions.
Being my husband a neighbouring panchayat board president no one is taking the risk of purchasing the particular land. Now my husband has become ill a renal failure patient, so we are planning to approach the honourable court for getting registered.
Please advise how to go forward on the same.
Thanks in anticipation.
Regards,
KMH NOORJAHAN (09486131700)
Swapnil S.Sawant.
04 August 2010 at 14:54
Sir,
My client is a Pvt.Ltd.Company. It is going to acquire agricultural land for Bona-fide Industrial Use.
Now, as per Bombay Tenancy Act, for company ceiling limit is 10 Hectors. So, we have decided to execute registered Agreement to Sale with Possession being transfered through it.
But,Sub-Registrar refused to register that Agreement to Sale saying that,.....as we are taking possession thru Agreement to Sale,then it will be 'TRANSFER'. & as per Bombay Tenancy Act, Sec.63A(1), Transfer to Bona-fide Industrial Use is barred beyond 10 Hectors.
As I think, what is contemplated under that Act is bar to Transfer means Conveyance i.e. Complete Sale ..and not Agreement To Sale.
So, till company get permission from Director of Industries, Company can certainly execute ATS i.e. Agreement TO Sale as it does not creat any Interest in property in its favour nor it will be Transfer as is wrongfully said by the Sub-Registrar.
What is your guidance to me ?
Regards.
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Regarding Will
Grand father had executed a Registered Will regarding his exclusive properties in the year 1980 stating after his demise the same will deolve upon his grandsons to be born to his son. On the date of the execution of the said Will he did not have any grandsons. Subsequently he had two grand sons. Before the death of the testator one of his grandsons died; subsequently the Testator also died without executing any Will. Under these circumstances, whether the living grandson alone is entitled to the entire property or his mother being legal heir to deceased grandson is also entitled to half share. Kindly clarify.