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Raja Sundarraman   09 January 2010 at 18:11

Validity of sale

Respected Learned Friends , I request all of you to kindly have lookinto the following matter and give a solution.

The land to an extent of 33 Cents out of 250 Cents comprised in a Survey Number was sold out to X in the year 2005 by the original owner of the property.

Subsequently, in the year 2006, the original owners , knowingly or unknowingly , had executed the registered in my client's favour with respect to the entire extent of the said property and my client in turn has executed the registered sale deed in favour of Y . The Patta has also been issued to Y

In the year 2007 ,on coming to know the execution of the Sale deed in favour of X with respect to 33 Cents of the Land by the original owner, my client has purchased the same form X through his registered general power of attorney agent by a registered sale deed .

My the queries are:

1. Is it correct to say that the conveyance that has been passed on to Y is only with respect to the remaining 217 Cents out of 250 Cents ?

2. Is it coreect to say that in respect of the 33 Cents , my client is the owner , in view of the fact that only after the execution of the sale deed in favour of Y , my client has purchased the same ?

3. Is it possible to convey the title with respect to the 33 Cents in favour of Y without further payment of stamp duty , since Y had already paid stamp duty with respect to the entire extent of 250 Cents ? if yes , by which way / mode , it could be done?

Thanking you,

Raja Sundarraman .

Anonymous   09 January 2010 at 16:53

EXECUTION

Property purchased in the name of minor/wife by the judgment debtor during the pendency of recovery proceeding can be attahced by the court

sandip c   09 January 2010 at 14:43

will query

Rellino Dcruz   09 January 2010 at 13:48

Ancestor property

Hi,

Please let me know the full definition of ancestor property.

Property brief: My father bought a peice of land from his onw resources (self aquired) He was short of around 10% approx for the value of the property & he borrewed money from his mother & thus had to add her name to the sale deed. His father was not alive then. In the passage of time, his mother's mental health took a downward turn and she statrted harrising him for the return of the money lent. My father then sold a big portin of the land and paid her money back. She then passed away shortly. The balance of the land was in his sole name. He passed away around 4 years ago, without leaving any will etc. The property was subsequently transfered to my mothers name.

We are five brothers;

Is this a self acqueried property?

If yes what will be the outcome?.

If no then wats is the leagal status of my Mum?.

What is the legal status of we five brothers?.

Can our Mum remove any of the son's from the property?

Thanks

archana   09 January 2010 at 11:06

daughters share in fathers property

hello all..

Is there any exception provided in the law to daughters right in the self acquired property of the father ( fatehr is not alive)in regards to the marriage year.

I heard that if the daughter has been married before 1978 they cannot claim the fathers property.

AMNEET KANT   09 January 2010 at 08:37

Legal Remedy

I am the allottee/Owner of H.I.G. house in Channdigarh. The house was allotted to me on 05.02.1988 and I took the possession from the CHB(Chandigarh Housing Borad) on 06.04.1988. The water and electricity connection is in my name. I would like to submit that A who was a good friend of mine was looking after my house. He committed fraud in putting B illegally into my house without my knowledge and consent. I had not received any consideration of the house either from A or from B. The letter of draw as well as allotment letter are in my possession. The no dues certificate is with me after making full and final payment to the CHB . I am now paying the ground rent of the house regularly to the CHB. The house as per conditions of allotment can not be sold for ten years from the actual date of possession i.e.06.04.1988

When all of my efforts failed to persuade A& B to get the house back I filed the civil suit on 10.06.1997 for getting A evicted from the house. The B took the plea that SLIP was sold to A( Photo copy of the registration letter) and A sold the house to his father.

The civil court after ten years of litigation decided the case on merits, facts, evidence on record and in accordance with law on 21.03.2007 in favor of the plaintiff and against the defendant. It was ordered that the defendant is liable to vacate the house within three months and also liable to pay mesne profits/damages @ Rupees 6,000/ per month w.e.f. 10.06.1997 till the vacant and physical possession is handed over to the plaintiff.

It is a matter of record that the defendant has not placed on record any legal document to prove his authorised occupation. The civil court judgment has reached on conclusion that A & B were hand in gloves with each other to grab the property and the defendant is a tress passer in the house. The B is taking undue benefit of law in the delivery of justice by filing an appeal when the property is covered under contract act 23. What kind of remedy is suggested? Can I start criminal proceedings, if so under what section of the IPC? I am a Senior Citizen. It is the only property in my name and I am living in the rented accommodation and paying rent beyond my means.


Anonymous   08 January 2010 at 23:17

Right to inherited property of father

My husband's grandfather dies leaving a will that his ancestral house will be divided among his 5 children such that the ground floor goes to one son, the 1st floor is shared by all 3 daughters and the 2nd floor goes to other son who is my husband's father. All of them have now got their floors mutated in their own names.

My father-in-law has only 2 children, I wish to know if my father-in-law can sell off his inherited 2nd floor and do whatever he wants with the money which could even mean that he gives all of that money to my husband's brother and my husband does not get a single penny out of it? Does my husband have a share in the inherited property of his father? How can he claim it? How can he prevent his father from selling off that property and/or giving the full money to his brother? What are the steps that we need to take for this and how long and easy or difficult is it?

As you would have guessed, we are not on speaking terms with my in-laws for the last few years. My husband's brother is very keen on getting my father-in-law's share sold off and he getting all of the money without my husband even getting an idea about what is going on. We cannot get a copy of the will (nobody will show us) nor will my in-laws inform my husband what they are going to do with that property. We need to act fast if at all we have any legal right on that property.We are hindus.

Aditya R khandelwal   08 January 2010 at 19:22

CAN I SELL THIS?

WEL I PURCHASED A LAND 10 YEAR BACK.....THE PREVIOUS OWNER HAS GIVEN ME THE "REGISTERED SELL AGREEMENT" OF THE LAND IN MY FAVOUR.ALSO THE "REGISTERED POWER OF ATTORNEY" WAS BEING ISSUED BY PREVIOUS OWNER BUT IT IS IN FAVOUR OF MY ELDER BROTHER, I HAV GIVEN ALL THE MONEY OF THE LAND 10 YEARS BACK TO THE PREVIOUS OWNER. THE PREVIOUS OWNER ALSO ISSUED "REGISTERED WILL" IN FAVOUR OF ME.NOW 3 YEARS BACK THE PREVIOUS OWNER DIES."THE SALE AGREEMENT" AND "THE REGISTERED POWER OF ATTORNEY" AND "THE REGISTERED WILL"WERE ISSUED ON THE SAME DATE.CAN I SELL THE LAND WIDOUT INVOLVING MY BROTHER IN IT????I STAYS IN ALWAR IN RAJASTHAN.

IMPORTANT NOTE TO ALL OF YOU EXPERTS . DEAR ALL SIR THE POSSESSION IS WITH ME SINCE THE LAND IS BEING SOLD BY THE PREVIOUS OWNER.THE SALE AGREEMENT IS A "REGISTERED SALE AGREEMENT" i.e. it is notary attested by the previous owner in favour of me. AND ALSO I HAV THE "REGISTERED PAYMENT SLIP" in Hindi we cal it as "BHARPAI RECEIPT" it is also notary attested ON Rs. 10 STAMP PAPER IN THAT SLIP ALL THE PAYMENT WHICH IS BEING PAID BY US TO THE PREVIOUS OWNER IS MENTIONED.THE WITNESS IN THE "REGISTERED PAYMENT SLIP" ARE THE 4 SONS OF THE PREV. OWNER.THE REGISTERED WILL IS ALSO notary attested by the previous owner itself. Now can i sell The land and on what basis? Either on the basis of REGISTERED WILL or On The Basis OF REGISTERED SALE AGREEMENT. And also Is it Necessary to Get probate? which i am not in favour of making as it might create problem if the Son of previous owner try to create for me.

sandip c   08 January 2010 at 17:35

change the name in 7/12 extract

My father died without making any will.There is land on his name at kalyan but we stay at thane.what is the procedure to change the name of my father from 7/12 extract.whos names will come on 7/12 extract.We are 3-brothers elder brother died last year having his wife[secondly married] and only daughter.My mother also stay with us at thane.please advise.

kaushikphm   08 January 2010 at 12:16

Partition

Dear Sir,

My brother and myself planned to partiotion a house and as per advocate advise, engineer measured and made a sketch showing halfshare in left belongs to my brother and rightside belongs to myself. ( both the areas are same)
Now, my brother insisting me to take righside.
He said to one of my relative that if I not agree for his wish, he would file partition suit in the court and would receive rightside.
Please advise me whether this is possible if he approaches court.