Anonymous
06 March 2019 at 14:18
I got a divorce decree in a UK family court on mutual consent basis from my wife. As per terms of settlement, she has to transfer her part of ownership rights in a jointly owned flat at Bangalore. As she is unable to come to India at present, it is decided that a POA will be executed by her through Indian embassy in UK. However, I want to know answers of a few questions in this regard.
1. Divorce degree is already finally given. Now the question is will I be able to get lower stamp duty benefits in India , if a gift deed is executed by her poa ?
2. What should be the status to be shown in POA while executing it in UK before Indian embassy, an ex-husband or simply husband ? If ex-husband is shown, will it affect lower stamp duty chances ? If simply husband is shown, it will be factually incorrect as divorce decree is already given.
3. It is almost 6 months have already passed when the divorce decree was pronounced in UK family court. Is this decree needs to be ratified in Indian court also for the purpose of remarriage and other property related transfers.
4. Please suggest other appropriate methods to save on stamp duty charges.
Anonymous
06 March 2019 at 03:45
Hello
I recently did MoU with one to purchase a plot. And paid 90 percent of amount.Mou mentions if I am unable pay the amount within stipulated time owner of plot is not responsible and owner have to do separate arrangements of plot to sale.mo mentions nothing on money back. Per pradikaran who's plot being sold cannot be sold for 5 years unless some specific conditions. Owner will only do Power of attorney and assignments deed. Is MoU legal?
For some reason I have to cancel the plot deal now. Will I get my money back? How shall I tackle this.
Regards
Nasir
Anonymous
05 March 2019 at 23:45
Respected sir,
I have query regarding Mhada master list
Person has been given transit camp after old building demolished now he has filled form for master list
1) after applying for master list person died natural death the person has made will of this same property to non blood relative person
So on the basis of that will can he take legal heir certified or succession certificate and flat can be allotted to person
His children ready to give noc
Please kindly give suggestions
Thankyou
Basha
05 March 2019 at 20:39
My father's maternal grand father died leaving one son and two daughters, son died without marriage and legal heir and the both daughters married and died leaving their sons ( each had one son only ) first daughter died immediately after giving birth and the second daughter married her sister's husband and she also died after leaving her son. How to devide the grandfather's property.both the son married and have children.
Argha Mitra
05 March 2019 at 14:01
Leave and license issue
I have a residential property in Mumbai, which was given on Leave and licensee for a period of 11 Months with Stamp Duty,Registration paid under Govt of Maharashtra, “ Leave and Licensee Act” with interest free security deposit of Rs.79,000 And Rs.26,600 as monthly Licensee fee from Dec’18, with a clause of 6 months lock in from either of the side like this LOCK IN PERIOD: “Both the parties have agreed to set a lock-in-period of 06 months during which neither the Licensor shall ask the license to vacate the premises, nor the licensee shall leave the premises on his own during the lock-in period. In spite of this mandatory clause, if the Licensee leaves the premises for whatsoever reason, he shall pay to the Licensor licensee fee for the remaining lock-in period at the rate of agreed upon in the agreement. On the other hand, Licensor shall compensate the Licensee for loss and inconvenience caused to the Licensee if he has been asked to vacate the premises”.
Every month by 5th of the Month in advance, Licensee Fee needs to be paid. From 5th of Jan till today My Licensee has not paid any rent citing the reason of First two months-HE IS IN ABROAD…On 15th of February I had written him: Good evening Mr. Sachin. Hope doing well. This has reference to your last whats app message requesting to continue to stay in my Flat and showing the intention to honour the terms of the Leave and License agreement .. In spite of your violation of the payment terms of the agreement, I may still consider your request subject to your confirmation to pay me the outstanding over dues Licensee Fee of Rs.26,600/ month for the months January & Feb’2019 forthwith by doing a NEFT transfer by 02.03.2019 & further confirm that henceforth all monthly compensation starting MARCH’2019 will be Honored and made on or before the 5th of every month in advance as per the terms of the agreement. You undertake to pay other services provider including but not limited to Electricity, Gas, Cable on or before the respective due date & shall not allow any accumulation of dues, penalties and disconnection of services, kindly note that the above concession is subject to all other Terms & Conditions mentioned in the agreement and does construe to be a waiver of any terms & conditions mentioned therein. Look forward to your confirmation. On this the LICENSOR replied with “OK done”.
Since on 2nd of March ’2019, when Licensee didn’t credit any over dues License fee in my given account, I again written him through Whats App: Good evening Mr. Sachin. Hope doing well.This has reference to your last Whats App message confirmation on 15/02/2019 to pay me the outstanding over dues Licensee Fee of Rs.26,600/ month for the months January & Feb’2019 forthwith by doing a NEFT transfer by 02.03.2019… But till I hve not received any credit confirmation of same.. Please update and provide me the UTR number of crediting above fund… Awaiting for your confirmation. On which, He replied me through Whats App on 4th of March is “ Yes I will paid rent installments”. In the meantime due to no-payment of Electricity Bill, my electric meter was being taken away by MSEDCL, which also I informed to him, although He didn’t care much for it..
At this juncture:
My query is: 1) What should I do??? As I understand he is taking the advantages of 6 months Lock in period without paying any rent.
2) Since all the Communications are through Whats App, whether that will have legal bindings in case of I need to go to Court?? How will be My chances of evicting him through Court and how much time it might take??
3) Ultimately if He does not pay any rent and stays in Flat for 6+1 Month(Notice Period), is there any possibility of mine to pull out the pending rents from him???
TARSEM CHAND JAIN
04 March 2019 at 20:40
IN THE NAME OF OUR REGISTERED BUYERS ASSOCIATION WE HAVE FILED CASE WITH NCDRC ON THE ISSUES OF DELAY IN POSSESSION, INTEREST FOR DELAY, RESTRAINT ON CANCELLATION OF FLATS BECAUSE OF NON PAYMENT OF DEMANDS AS WE HAVE PAID MORE THAN 85% OF COST BUT PROJECT IS RUNNING LATE FOR MORE THAN 3 YEARS.
ON THE SAME AND/OR DIFFERENT ISSUES CAN WE INDIVIDUALLY FILE COMPLAINT UNDER UPRERA
Anonymous
03 March 2019 at 10:53
Dear Sir/Ma'am,
I am the only daughter to my parents and I am unmarried. My grandfather has expired 25 years back and his property is passed on to my mother and her 2 sisters and my grandmother (4 people in total). Now the 1/4th share of the property is in my mother name who is still alive. My query is that:
1. Can she sell the property without my consent and without obtaining my signature.
2. What are my options legally ? Can I bring in stay order for selling property ?
Anonymous
02 March 2019 at 20:26
Hello Sir,
I have signed an agreement to sell my flat but now I'm unwilling to sell it due to the abusive behaviour of the opposite party and his broker. I also have doubts regarding the full payment as his loan has already been rejected by one bank and now he has applied to another bank. Meanwhile, I got an offer from one of my friends whom I wish to sell the flat. I already cancelled the deal within a month (time period in the agreement is 2 months) but now he has sent a legal notice to continue the deal or else he will take action.
Please guide me to take further steps of action.
Amarnath V Gaonkar
02 March 2019 at 18:52
I had purchased a agricultural property in 2010 after verifying the title of the property (the property records including the mutation records of the vendor and the registered sale deed of my Vendor), since then the property is registered in my name in all govt records such as property card and mutation entries. Now some people clamming to be the legal heirs of the original owner from whom my vendor had purchased the property in 2004 have filed a case in the civil court contending that the sale deed of my vendor dated 2004 should be declared null and void as they claim that the sale deed was executed by the power of attorney holder of their father and when my vendor purchased the property in 2004 their father had expired six month prior to the execution of the said sale deed.. I dont know how to go about it as i did not know these facts before and was probably kept in dark by my vendor... Now my vendor also died as a bachelor and don't have any legal heirs left behind him.. Do i have a chance to protect my title??? please advice and help
Thankyou
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Builder purchased property through false mou
Respected Experts,
A partnership firm consisting of 4 partners having share as 30:30:30:10 holds 35% share in a land. A builder/ developer purchased 30:30:30 from the partners via registered agreement in 2014 and 10% share from the divorced wife of the partner via notarized MOU without the knowledge and consent of the partner in 2013.
The said MOU was executed on the basis of 2 fake Power of Attorney's of the partner. When the partner was alarmed, he filed WP in the High Court of Bombay in 2015 against the builder & others on his and firms behalf. As the matter did not come up for hearing due to long dates, the developer went ahead and appointed a sub-developer to develop the land in 2016.The partner expired in 2017.
The developer produced only the agreement of 90% share holder with the MCGM to get his file approved and not the 10% MOU . The sub-developer constructed 22 floors and is waiting for OC from the MCGM.
The last wife of the partner is still alive, she filed CS in the HC to become a party in the said WP and also filed complaints with the Municipal Corp. not to issue Occupation Certificate by showcasing how the fraud has been committed by the builder/developer and the divorced wife of the partner. .
Any judgments will be really helpful.
1.The builder completed the purchase of the land on false and fabricated MOU of a divorced wife, Is the sale/ deal complete with the partners and valid in the eyes of law?
2. What legal recourse is available with the financially deprived last wife and widow of the partner.?
3. The Advocate of the deceased partner states that nothing lies in WP, you will have to withdraw and file a suit?
4. Is there anyway to stop the developers file from further movement?
5. WP is still pending in the HC. Should the last surviving wife amend the WP and bring the fraud committed by the divorced lad and the developers?
Experts, please help and guide....God Bless
M. R. Shaikh