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Supreet singh   30 January 2019 at 10:16

A person is suing me for title of land with partnership deed

Hello Experts,

Till 2007, I was the proprietor of my firm ( Owner of land and business).In 2008, the business was in a loss and my health was also not good. So I made new partners who were very close to me. I executed partnership deed and retired myself and submitted the documents in the registrar of firms. so that I can save the business.

But they frauded me and the business was shut down. This all happened due to trust
Now they are suing me in Civil court for the title of the land from past many years.

Q) So my question is in Indian Law, is it possible to grab the property by just executing partnership deed?
While doing my research I came to know about Indian registration act 1908 section 17 which states that the Title/Ownership the land cannot be changed without doing registration of land if the cost of land is above 100 Rs
Is it true?

Because They are suing me for Title of land and no registry is done, no stamp duty is paid.No payment is done.




Vivek Kumar   29 January 2019 at 23:19

Conditional sale

TWO PERSON 'A'(BUYER) AND 'B'(SELLER) DID REGISTERED CONDITIONAL SALE DEED OF A AGRICULTURE LAND IN 2006. ACCORDING TO CONDITIONAL SALE DEED IF 'B' COULD'T PAY 100000( TOTAL MARKET VALUE IN 80000 IN GOVT RECORD) RUPEE TILL 25 OCTOBER 2010 THEN CONDITIONAL SALE DEED CONVERT INTO REAL SALE DEED AND BUYER 'A' WILL WE THE ABSOLUTE OWNER OF PROPERTY AND GET POSSESSION AND MUTATION IN GOVERNMENT RECORD. SELLER 'B' DIDNOT PAY 100000 TILL BEFORE AND AFTER THE SPECIFIED DATE IN THE DEED. SO AS AN OWNER OF LAND BUYER 'A' SOLD LAND TO 'C' (WHO IS MY FATHER) IN 10 MARCH 2012 BY REGISTERED SALE DEED. NEW BUYER 'C' GET MUTATION(DAKHIL KHARIJ) OF THIS LAND ON HIS NAME AND GET POSSESSION OF LAND IN APRIL 2012.SINCE APRIL 2012 TO 2019 'C' PAYING PROPERTY TAX CONTINUSALLY AND DOING CROPPING AND CULTIVATING OF LAND AND POSSESED. ALSO 'C' GET AGRICULTURE LOAN ON THIS LAND.NOW THE PROBLEM IS THAT THE SON OF PREVIOUS SELLER 'B' GIVE A NOTICE THROUGH HIS ADVOCATE TO 'A' AND 'C'THAT B HAVE NO RIGHT TO SELL THE LAND TO C(MY FATHER) BECAUSE IT IS A CONDITIONAL SALE DEED. CAN MY FATHER 'C' FACE ANY PROBLEM IN FUTURE. WE HAVE registered SALE DEED,MUTATION IN GOVERNMENT RECORD,PROPERTY TAX,POSSESSION ETC ...PLEASE REPLY SIR....

Prerana m Agavekar   29 January 2019 at 00:56

Rejection of application filed u/s. 41d of bpt act

If application u/s. 41D of Bombay Public Trust Act is rejected by Charity Commissioner. what will be the next steps to challenge the said rejection order of of charity commissioner and which court has jurisdiction.

Venkatesh Iyer   25 January 2019 at 23:18

Power of attorney

Hello All,

I have a question regarding the validity of a PoA.

An agreement to sale for an immovable property was signed in 2003 and due to some reasons, instead of a sale deed a notorised power of attorney was signed within the next few months after the terms of the agreement to sale were met.

Can I use this power of attorney to sell that immovable property to a prospective buyer now?

Anonymous   25 January 2019 at 20:37

Confusion in survey number

A property bearing Survey number 124/3 was gifted to me and duly registered by Sub Registrars office. The EC taken correctly reveals the survey number. I obtained recently a patta in my name for selling the property.The survey number in the patta given to me by Land revenue authorities mentions the survey number as 124/15. How do i correlate the new survey number with the old survey number given in EC to the prospective buyers?

krishna   25 January 2019 at 17:42

Transfer of agricultural land into residential plot

dear sir,

i have land and which is converted into plot. i want to to count jantri value of the said land but problem is that land is converted into single plot hence i am confused that on the road and other sided land is also considered into jantri value or not

Santosh kumar   25 January 2019 at 15:37

Gift deed without execution of will.

We had a undivided share of 50 Cents of land belonged to my late grand father in State of Andhra Pradesh

My cousin brother secretly register a gift deed last year, gifting that land on his wife's name .

I procured the certified copy of the gift deed, where apparently he claims that my grand father had privately executed a will to him 25 years back and he is now gifting that land to his wife.

The agreement didn't have any copy of will . From encumbrance certificate looks like ownership of land directly changed from my grand father name to his wife's name. We in our family are sure that my grandfather has ever has signed such will to his grandson with my uncle and father being alive. My uncle is now decessed.


My questions
-----------------

If will was ever written , wouldn't the ownership land be first transferred to my cousin brother's name by execution of the will ?

In the State of Andhra pradesh , the registrar need to authenticate the Will under section 41 of the registration act. and register the WILL first before execution of the Gift deed.

For filing a Civil suite , The Court fee can run into few lakhs, given the market value of the property. a civil suit seeking cancellation of registration of gift deed, declaring it null and void and for injunction would require the entire court fee?

Anonymous   25 January 2019 at 10:44

Club house maintenance

Hi,
Need to understand how does the maintenance charges for club house works.
Currently the club house is not transferred to our society and in the agreement it is mentioned as ownership will be with builder
Our society has different dimensions of flats 1.5/2/2.5/3/3.5/4/4.5.. due to which there is lot of debate on maintenance charges
Though we have adopted hybrid method of calculation, but there is still a debate of club house maintenance as bye laws there is no mention for club house charges and how it should be charged.
Our Provisional Management committee is asking to charge the club house maintenance divided by all flats equally. Need some expert opinion on how we can protest this and what are strong points we can keep on table for health debate.

Prem Dhawan   24 January 2019 at 23:10

Vat for previous years

Dear Sir,
I have received a letter from my builder/developer to pay VAT for the period before 2016 because Haryana government has sent a demand to the builder/developer.
The property was completed and delivered by the builder many years back. All the dues were cleared.
Property is already registered.
Is this demand for the builder/developer to bear or for the owners?

Many thanks.

Sanjay   23 January 2019 at 18:47

New election procedure 1st november 2018 gr

for Mumbai based housing society (40+ years old mhada bldg) -
what is the New Election Procedure according to 1st November 2018 GR.

any permission or information needs to be taken from deputy registrar before election ?
or just take meeting & select committee member & office bearers ?
any kind of dy.registrar's involvement required ?
anything to consider from I, J, O registers

I am member & given responsibility by few member including committee as they are not aware & asking me to find out procedure.

Thanks in advance