Anonymous
07 June 2010 at 22:31
i own a builder floor at 2nd floor (top Floor) with terrace rights on a plot of 112 sq. mtr in indirapuram area. i want to construct a bedroom+ washroom on terrace. what formalities i need to take care of. what is the maximum area that i can utilize?
thnx in advance
Baskaran Kanakasabai
07 June 2010 at 21:16
If a citizen of India wants the observation of a judge( H/c as well as S/c) to be interpreted or explained by the same judge, can a citizen contact the judge directly and seek a clarification or explanation?
Is there anything illegal about it?
example:SC 1996 AIR 540
The honourable Judge has observed as follows:
“2. The object of publication of the
notification under Section 4 [1] is notice to everyone that
the land is needed or is likely to be needed for public
purpose and the acquisition proceedings points out an
impediment to anyone to encumber the land acquired
thereunder.”
and I as a citizen want to seek a clarification from the judge as to how a notification u/s 4(1) can become a notice to everyone.
I would like to present my view in that regard as follows:
My view is- such publication of the notification will not amount to notice to everyone. What will amount to notice to everyone is nothing but registering such notification under 4(1) in the registers of the ROD against the survey number intended to be acquired.
And in support of my view I would like to quote the Hong Kong Land Title Ordinance which defines as follows:
Sec.16 of Hong Kong Land Title Ordinance:
"Entry in Title register constitutes notice to all persons.
All persons are deemed to have notice of every entry in the Title Register"
and I would like also to quote in support of my view, the Transfer of Property Act, 1882, which says:
"a person is said to have notice" of a fact when he actually knows that fact, or when, but for wilful abstention from an enquiry or search which he ought to have made, or gross negligence, he would have known it.
Explanation I: Where any transaction relating to immovable property is required by law to be and has been effected by a registered instrument, any person acquiring such property or any part of, or share or interest in, such property shall be deemed to have notice of such instrument as from the date of registration or, where the property is not all situated in one sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the Indian Registration Act, 1908 (16 of 1908), from the earliest date on which any memorandum of such registered instrument has been filed by any Sub-Registrar within whose sub-district any part of the property which is being acquired, or of the property wherein a share or interest is being acquired, is situated:
PROVIDED that-
(1) the instrument has been registered and its registration completed in the manner prescribed by the Indian Registration Act, 1908 (16 of 1908), and the rules made thereunder,
(2) the instrument of memorandum has been duly entered or filed, as the case may be, in books kept under section 51 of that Act, and
(3) the particulars regarding the transaction to which the instrument relates have been correctly entered in the indexes kept under section 55 of that Act."
and I would like to add that whether an instrument is required by law to be registered or not is to be decided by legislations and therefore a citizen can be said to have notice of an instrument only when it is registered in the registers of the Registrar, irrespective of whether it is required by law to be registered or not.
If the Government intends all persons to have notice of an instrument then it should get such instrument registered.
Arul Manickam
07 June 2010 at 20:07
A has a land admeasuring 73 cents, which he has bought in 1951. He gets into an agreement with B to plot out his entire land into 8 hosing plots and sell them. B has to pay at the rate of Rs.500/plot. B can make the payment as he sells the plot. But whole transaction must be over in 6 mpnths.B can sell only one plot in 3 months. The plot 1 has been sold. A executes the sale deed in favour of the purcahser of Plot No.1 with endorsement of B. Now B enters into an agreement with C to sell the remaining plots. A endorses that agreemnt. Now C brings on D for the purchase of the plot 2. A executes the sale deed in favour of D. In the recitals it is mentioned that D came through C and the parent documents are with C and D can have the copies from him. C also signs as witness to the transaction.It happens in 1973. After a year C files specific performance suit against A and B. He includes purchasers of other plots too as defendants. He does not include purchasers of plot.nos 1 and 2. In 1980 the lower court issues decree against the defendants. After that one of the aggrieved subsequent purchasers appeals against the exparte order passed against him by th elower court. The High Court rejects the appeal. Interesting part of the story starts now. The nominees of Decree holder files the EP for the original 73 cents. The Execution court executes sale deed on behalf of the Judgement Debtors. Mean while the D buyer of the Plot No.2 who is not the party in the case sells his plot to E , my client in 2006. The Exec.Court execute sale deed in 2007 for 73 cents. Using that sale deed now the nominees of the Decree holder manage to obtain the injunction to E. I request the expert to suggest the best remedy available for my client.
Anonymous
07 June 2010 at 17:48
the present owner has purchased the property in the year 2001, wherein in the sale deed the seller had mentioned it is his ancestral property. as per EC from the year 1990 there are no transaction except the sale deed of the present owner. If mother deed is not available what is next course of action?
Anonymous
07 June 2010 at 16:12
We hold open land prior to 1981 as an occupant. Owner is non traceable but alive. We are paying NA tax of the same land since 1981. The receip of the same shows owners name as well as our name. Other than this we don’t have any other proof, that we are occupant of the said land. Now since the said land was the part of the larger plot having CTS no XXX. In 1996 Builder has constructed on that larger portion leaving our smaller plot of land. Now we came to know that Builder already got the FSI of our smaller plot (419.25 SQ.MTRs).
Q.1 What is the way we can add our name as kabjedar in 7/12.
Q.2 If we don’t enter name in 7/12 and continue to hold same way, can any builder eligible to develop on the said land on the basis of available document which is only NA tax receipt, inspite of FSI available with neighbour building?
Q.3 We want to pay assessment tax and municipal tax of the same plot, but since it is under name of Owner, department not accepting from us. Any solution?
karthikeyan
07 June 2010 at 15:06
Dear sir ,
My Grand Father died three years back , he has four 3 sons and 1 daughter , he has not made any partition and as all members in family are not in good relation the properties had not not been partitioned till , can my father sell his share of property without being partitioned according to partition rules if not wat is the best alternative to avail. we don want to file a suit and this cannot be settled out of court also give your suitable advise
RAMESH KUMAR VERMA
07 June 2010 at 14:39
DEAR SIR,
a case is here "A" IS ONLY ONE BROTHER OF B AND C .
B AND C IS MARRIED.
A's WIFE IS "Q" , A PASSES WAY AND AFTER SOME TIME A'S FATHER AND MOTHER DIED.
"Q" HAS TWO SON AND ONE DAUGHTER.
PLEASE TELL IS "B "AND "C" IS ANY RIGHT ON PROPERTY .
OR THE ENTIRE PROPERTY IS " Q"
RAMESH VERMA
Anonymous
07 June 2010 at 13:24
Dear Sir,
There is one sale deed missing in the chain of dcouments of the re-sale property which we are about to finalise. One of the sellers have not got the Sale deed made and has only agg-to-sell registered. On tracking we came to know that he has expired. Now we have been informed by the lawyer that if we produce his Death Certificate copy it can help to make the purchase clean and the Title in the chain of documents can be cleared of the said property. Can this work ? Will Death Certificate of a person who has not transferred his title of property, confirm that he has not right in the property ? Please guide
kumar
07 June 2010 at 12:51
Dear sir,
My grandmother did a gift deed to my mom and me[grandson] and it was registered in register office,in that gift deed she mentioned one point that she cant able to change or cancel this deed. And we checked in EC , in that also name has changed from her to ours.Due to some personal reasons my grandmother itself cancelled the gift deed in register office.
1. Whether she can do it?
2. wat is next step we has to take?
3.myself , mom and my grandmother living in same house only, now if she says to go out from house by saying that i cancelled the gift deed , wat to do?
please give a positive solution....
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Areas included under FSI calculation
Hello,
With respect to residential property construction(stilt plus 4 floors) in Chennai, are the following "common" areas included in the FSI calculations while seeking approval from authorities?
1. Staircase
2. LMR - Lift Machine Room
3. OHT - Over head tank
4. Sump
6. Corridor
Recently there are many exemptions announced in 2nd Master Plan documents.
Please clarify on these categories of spaces.
with thanks