Adv. Deepak
24 January 2010 at 21:13
Agreement to sale has been executed and possession has been transferred to the purchaser from seller. However, the document has not been registered. Stamp duty has been paid properly. Can this document be produced before the registration office for registration? What is the correct procedure? What will be the stamp duty and registration charges. Request for your kind advice. Thanks and regards. Adv. Deepak
Anonymous
24 January 2010 at 18:27
Hello, Is there a formal way of confirming a property name and dues before going for a purchase. I want to do this for a Delhi property. Which govt office would this be available from and can it be available from any such office in Delhi or only the related area wise office.
muthusamy
24 January 2010 at 07:32
What is "interpretation". How to get it from high court?
There is a case pending in high court.
The verdict, I hope depends only upon the interpretation to certain wordings in my father,s will.
In the will, he has stated that the properties ( would be self acquired} that he may buy in future will devolve upon only his son,s of his second wife.
The lower court raised a question that how the testator can write about the properties which he has not at hand at the time of writting the will.
When I asked the same with the learned lawerclub , I got answers for and against this.
One of my friend suggested that there is a dealing called "interpretation" and any one can get it from the court.
Kindly advise me how to get interpretation.
After hearing from the learned lawers, I want to proceed further. Thanking you in anticipation.
ramesh
24 January 2010 at 00:21
I purchased a plot by regd. sale deed in apr.2002. I got 7/12 and ferfar in 2002 from patwari, again in 2003 i paid NA tax for 2 years and recd fresh 7/12 from next patwari . I paid NA tax again in 2005. now the patwari on duty says plot is not in my name but it is someone else;s name who has purchased it one month before me from poa holder . i recd. certified copy of his sale deed there is no copy of POA attached with sale deed nor any registration no. of POA is mentioned in that sale deed .saledeed onlr mentions only name of POA holder .My lawyer says that may be they donot have POA . so we have filed appeal with SDO court. case has been admitted and notices have been issued to 3 patwaris and owner of the property and other buyer of the propertyby way of POA. first hearing is on 27/1/10. my question is - can a SDO cancel his ferfar and 7/12 if it is found that they donot have any POA. can we make sub registrar also party for registering sale deed w/o checking POA ? is it the right procedure or should I file police complaint ? my lawyers says lets us see what is the order of SDO .then we will take next step since patwaris are also involved here so we went to SDO court. my email add.-- rameshgajwani@rediff.com
Anonymous
23 January 2010 at 18:02
Our property belong to my father and my father expired and my mother straightaway transferered the property in my name .This is a document executed by a Donor, voluntarily transferring his rights & interests in the asset in favour of Donee. In such case donee becomes a recipient of gift.
This document also consists of name, address, age, nationality of the donor & donee, the description and value of asset being gifted, place & date of execution as required for transfer of documents. By this document transfer of rights in favour of donee are in perpetuity which in other words can be termed as absolute transfer.
The assets so transferred under Gift Deed by donor to donee can be out of love affection; or special goodwill gesture; either in favour of any relation or otherwise.
Does This documents attracts the stamp duty and should be registered with registrar for giving proper effect of such transfer in Govt. records.
Adv. Deepak
22 January 2010 at 23:24
80 yrs. old man sufferring from low blood supply to brain wants to gift his self acquired 1 RK flat to his son and daughter-in-law. His wife and elder son expired. He has got one daughter. He does not want to give this flat to his daughter. He cannot move out of bed. What procedure should be adopted in effecting the gift deed executed in Maharashtra. When he purchased the property, he did not register the same. Now, is declaration that it is his self acquired property required with stamp duty on present market value? Is doctor certificate required? Can Power of Attorney be helpful? Can he make Power of Attorney in the name of his son, who is the beneficiary of the gift deed? Kindly advise. Regards. Adv.Deepak.
Anonymous
22 January 2010 at 10:23
Dear Experts of the forum,
Good Morning.
If original WILL is not found /Traceable/ Not interested to show in public by one of legatee (who is in possession of ORIGINAL WILL; It is a registered will), Can a copy obtained by from the Registrar's office be used for PROBATING purpose? If yes What will be the Expenses? Court fees as it involves lot of properties , but almost all property is sold by the one of the legatee!?
Pl.Note: I have obtained a copy of Will from the Registrar. The Persons involved are Hindus and are from AP State.How can probate obtained in AP state? What is the court fee payable? if the value of the property, cash, etc. is not known how the stamp duty is determined? Who can file and how long does it take to obtain probate?
With regards,
Thanking you ALL EXPERTS, in anticipation of an early REPLY please.
AwMeAbN
21 January 2010 at 23:17
Hi,
My father bought a share in a piece of agricultural land in Punjab in 1990 along with 12 others.
The other parties sold off their share to a new buyer 'A' but my father retained his share.
Eventually, the new buyer 'A' sold off his share to two other buyers 'B' and 'C'. 'B' further sold his share to 'D'.
My father did not bother about the property which was left open and un-attended for all this while. Recently he found that the other shareholders have constructed a wall around the total land and also conveniently divided it into two halves by constructing a wall within it and have also given it out further for Agriculture and for some construction related equipment parking.
I have the following questions :
1. In the deed where 'A' bought the shares of all the other shareholders, it mentions that he has been given the possession of the land. Can this be challenged on the grounds that since he only became a new shareholder, he did not have the right to be given possession unless the land was partitioned and my father given his exclusive share.
2. In all the subsequent sales, it has always been maintained that the buyer has been given the possession of the share he has bought. Does any of this stand ground ? or is it all objectionable and can be challenged
3. On a brief discussion with the present shareholders, we were told that they have been using the land since the last 9 years and have been getting the 'Khasra Girdawari'(record of harvest) done in their name and hence they have an upper hand and probable ownership of the entire land. Does this hold any merit ?
4. My father had bought a share in agricultural land. However, present day it stands as partly cultivated and partly used for commercial purpose. Can he now claim damage to the agricultural land and his share within it ?
jayesh ahire
21 January 2010 at 17:39
Hi,
my friend is living on rent in Kolkata in the same house since more than 20 years... this is not the regular 11 months rent agreement but the traditional pagdi system..the property is going for redevelopment.I wanted too know what are the tenants rights in such scenario.. is the tenant entitled for a house or any compensation???
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Formation and registering a co-op hsg society
Dear Sir/madam,
Our builder is pushing our members to form a Co-op society and have it registered.
Need valuable advise on, are there any negative implications on members of a building if they were to form and register under a co-op housing society, would the builder in any way be able to excuse himself from being held responsible for the incomplete work and promised amenities.
Is formation of Society and registration important to challenge the builder as a registered collective body for deficiencies in service related to the completion of the building and amenities agreed.
Or is it advisable to wait until the builder completes and hands over the society.
Appreciate your kind advice.
Thanks and regards
Bhasker Thirumala