ars
16 November 2018 at 16:46
with reference to the ordinance dated 30.10.2018, a new provisio has been added to Sec 73CB of MCA, 1960. it provides for the election to be conducted by the CHSL in the manner as may be prescribed. what should be the status till the manner is prescribed? can the society (under 200 members) conduct meeting without inviting registrars till any procedure prescribed?
Secondly, can a joint member (second / third name in certificate) now, without following the procedure of becoming associate member, attend and vote at any general meeting of the society and stand for the election as a committee member?
Rucha Pawar
15 November 2018 at 17:48
there were 3 brothers A,B, C,.Mortgage deed was entered between A and B in the year 1937, 'A' mortgaged his undivided 1/3 share amongst the property bearing s.no. 743A of nashik, the mortgage mutation entry was entered in the other rights column of the joint family property being s.no. 743A , after partition deed the joint property was divided in between these three brothers and 1/3 portion to each brother was confirmed . The mutation entry on old survey number was shifted to new survey number 743A /1, which is purchased by us in the year 2009, from C. now the legal heir of B creating problem to us and claiming ownership, how the entry be challenge and removed. please guide us we have file application under section 155 of MLRC but no reply.
Charyulu KVN
15 November 2018 at 09:22
I request expert views on the below query.
Principal (Absolute land owner) executed a sale agreement for 16.50 lacs in 1993 and subsequently executed a GPA to the same person to sell his land as residential plots. At the time of execution, land owner got 5.00 lacs as advance from GPA holder. This GPA was unregistered but notarised. Since GPA holder failed to make balance payment of 11.50 lacs, land owner cancelled GPA through Notary on 06.05.1999. He has also published notification in local news papers about GPA cancellation. But GPA holder sold the plots on 06.08.1999 to third parties. Having known this, land owner filed a civil suit and later both compromised to ratify few plots through Lok Adalath.
The plot which I bought as 3d transaction from land owner was not ratified in his compromised settlement. Now my queries are:
a) since GPA sold all the plots after cancellation, the transactions of GPA becomes void/null? If so how can I cancel 1999 transaction reflected in EC. Land owner sold the same plot in 2001 after Lok Adalath settlement to third party
b) now GPA holder says he will bring 1999 buyer and execute a cancel deed. When 1999 transactions are invalid as he registered after GPA cancellation, on what authority 1999 buyer can execute a cancel deed now?
c) Without involving 1999 buyer, GPA, land owner, can we cancel 1999 transaction as we have a documentary evidence that GPA registered plots after GPA cancellation and through their Lok Adalath settlement, land owner not ratified my plot? If so what is the procedure? If we have to file a civil suit, how long it will take to get a decree since we have all documentary proof with us.
Anonymous
14 November 2018 at 19:22
there were 3 brothers A,B, C,.Mortgage deed was entered between A and B , A mortgaged his undivided 1/3 share amongst the property bearing s.no.743A of nashik, the mortgage mutation entry was entered in the other rights column of the joint family property being s.no. 743A , after partition deed the joint property was divided in between these three brothers and 1/3 portion to each brother was confirmed .the mutation entry on old survey number was shifted to new survey number 743A/1,which is purchased by us in the year 2009, from C. now the legal heir of B creating problem to us and claiming ownership, how the entry be challenge and removed.
please guide us we have file application under section 155 of MLRC but no reply.
Anonymous
14 November 2018 at 11:48
Dear Experts, This is regarding 30 years old, father's property. The property was baught by my father from Mr.X (in 1988/89), Mr. Y baught the same from Mr.X for an area of 6 cents (65 east to west X40 north to south) dimension. However in both original documents from Mr.X to Mr.Y and Mr.Y to my father, dimension shows 65 (40 east to west X 65 north to south) i.e. reverse of actual measurement, area being right. Now by the time my father constructed house the neighbours encroached a bit and now the area reduced to 5.5. He never went in conflicting mode and constructed house in 5.5 cents only. Now father is no more and we (mother, brother and myself) want to sell property.
Now few people said while new buyer registers directly you can mention all corrections and register it. Some saying the document needs to eb corrected by previous parties (X, Y and my father) who signed to reflect correction. X is no more. Y is 80 plus age and may agree to come and sign or may not. He is not in position to travel as per his family. My Father is no more. How do we take it forward for selling the property. Please help.
arunkumar
14 November 2018 at 09:10
The building collapsed in the year 2016.The tenant already vacated the place 7 years prior to the collapse.We the owner of the building reconstruced the building 18 months after the collapse of the building .The tenants did not approach us till we got the building in its original shape.Now they are asking for possesion and filed civil suit in small cause court .And also to harass the owners( 27no ) the private criminal complaint is filed with jmfc court under ipc 406/417/420/447 etc.Is it possible to quash this complaint in session court/highcourt .The complaint is under verification stage.The process for summons is not issued. Pl advise properly to challenge this criminal case.THe tenant has only verbal evidence and he is staying in rented flat else where since last 10 years or so.
Vee kay kapoor
14 November 2018 at 07:46
Dear Sir,
1. The property in question is a CGHS flat at Gurgaon and in the name of my brother.
2. Entire purchase price was paid out of the sale proceeds of the flat which was in the name of my mother who has expired two years back.
3. I have paid substantial amount to my brother to clear his dues from private lenders.
4. My brother's share in the property is equal to the money I have paid to him.
5. For the purpose settling the share in the property, my brother has executed a GPA in my name for putting property on rent or sell etc.
My query:
1. Whether on the basis of this GPA I can sell the property?
2. Whether I can receive sale proceeds in my name?
3. Do I have to transfer the property in my name in Registrar Office and HUDA and Society Records?
4. For completing above transfer, is it OK to mention family settlement as reason for such transfer?
Request the learned experts on property matters to clarify.
Regards.
Bhargav
13 November 2018 at 10:59
Sir, please let me know about a declaration deed and its contents
Anonymous
13 November 2018 at 10:59
CASE DETAILS.
Entered into agreement of sale in 1962. Filed specific preformence suit OS NO 389/1969 Entered into fist compormise in 1976 for 21 acers. filed an EP NO 58 OF 1984. In this EP again entered into second compromise on 21-02-1985(Compromise decree) DHR/Plaintiff was allotted 12 acres, and physical possision has been given JDR... and EP is closed.
Filed an application on 30-06-92.(MRO file No.C/7/1992) After compromise decree, DHR/Plaintiff, instead of approaching the executing court (IN THE COMPROMISE DECREE there is specific clause in case the JD fail to execute the sale deed you can execute the sale in the court ), MRO has registration of the sale deed, Basing on the said compromise decree, the MRO after collecting the Stamp duty and registration fee, with the consultation of the concerned Subregistrar and issued a certificate,
25-09-1993 After issuing the above certificate, the petitioners/Defendants have preferred the
present appeal before the concerned Revenue Divisional Authority claiming that the MRO has not
given any notice before issuing the said certificate and also the MRO has no jurisdiction to entertain
the said case.The RDO opinioned that since it is a decree passed by a civil court and that the MRO
has rightly passed the said order and hence there is no need to middle with the orders of the lower
court and accordingly the appeal is dismissed.
04-12-2000 As against the orders of RDO, the Revision Petitioners/Defendants have preferred the
present Revision. After due enquiry, the Joint Collector has dismissed the Revision and confirmed
the orders passed by the below revisional authorities. of the A.P. Rights in Land and Pattdar Pass
15-10-2001. As against the said orders of joint Collector, the Revision Petitioners/defendants have
filed a Writ Petition before the High Court. The Hon’ble High Court has confirmed the orders of
below authorities and dismissed the Writ Petition. In its orders, the High Court has disclosed that
the plea of not issuing notice cannot be raised at this point of time and the revisional authorities
have rightly passed the orders as per the Act.
07-02-2005 As against the said order, the Revision Petitioners preferred this Writ Appeal before the
Division Bench. In this, the Division Bench has quashed all the orders passed below authorities and
also set aside the orders of the High Court, Single Judge.
SLP NO. 10907/2005. As against the said orders, the DHR/Plaintiff preferred this SLP and the SLP
is Dismissed on 13/10/2015.
My lawyer filed two petitions EA 744 to open EP 58/84 and EA 745 to execute the sale deed of the second compromise decree for 12 acres In the city civil court where this compromise decree executed. after the supreme court order in 2015.
The judge had dismissed the case on the grounds the petitioner/decree holder is not bonafide in prosecuting the proceeding.
Reasoning of the judge.
The Petitioner/decree holder did not even state as to why he has chosen to go before MRO(mandal revenue officer) though there was a specific clause in the Order/decree "that in case the judgement debtors did not execute the register sale deed in his favour he shell be at liberty to get executed the same through the COURT"
For section 14 limitation act our lawyer marked these judgements
Ghasi Rams case (1998) 6 SCC200
MP Steel corporation vs commissioner of central excise.
judgement debtors
Ketan V. Parekh vs Special Director,Dir.Of ... on 29 November, 2011
MY LAWYER TOLD IN THE ARGUMENTS THAT IN THE MEANTIME THE GOVERNMENT OF AP HAVE AMENDED THE ROR ACT. AND A PROVISION HAS BEEN MADE TO REGULARISE THE UN-REGISTERED SALES U/S 5-A OF THE A.P RIGHTS IN LAND AND PATTEDAR PASSBOOK ACT 1971 AND RULES 1989 SECTION 5-A OF THE ROR ACT PROVIDES REGULARIZATION OF CERTAIN ALIENATIONS OR OTHER TRANSFERS OF LANDS WHICH READS AS FOLLOWS
"NOT WITH STANDING ANY THING CONTAINED IN THE ACT THE TRANSFER OF PROPERTY ACT 1882 THE REGISTRATION ACT 1908 OR ANY OTHER LAW FOR THE TIME BEING IN FORCE. WHERE A PERSON IS AN OCCUPANT BY VIRTUE OF AN ALIENATION OR TRANSFER MADE OR EFFECTED OTHER WISE THAN BY REGISTERED DOCUMENT THE ALIENEE OR TRANSFEREE MAY WITHIN SUCH PERIOD AS MAY BE PRESCRIBED. APPLY TO MRO FOR A CERTIFICATE DECLARING THAT SUCH ALIENATION OR TRANSFER IS VALID.
q1. whether the good faith /due diligence/bona fide decided on what factors?
q3 My lawyer told me to file revision in the high court
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Illegal possession of a house
My Dad has expired 2 years ago & left no WILL .His house is in DELHI & need to be require to sale.This property was purchased on 1995 & my father was doing his business along with me in this property since 1995 till his death . we appoint a family for care take this property during 2002 . After my father death we need to sale this property & told this family to vacate our property but this family specially a lady from this family refuses our property in amount of her share i.e money We want to vacate our house from this family .Please share & guide me to resolve this problem