Dipen
07 October 2023 at 17:55
Dear Experts,
50% of share of a commercial rented property is sold and a sale agreement is made. However the same is not registered and no stamp duty is paid on the same. Due consideration between parties has been paid. In this case will purchasing be considered as joint owner of unregistered sale agreement? Also will he be subject to income tax on rent recd if he is considered as joint owner?
Please advice
Regards
Jk Manju
06 October 2023 at 22:59
We are sc adi dharavid but my grand father and my father sold sc land to general category
Is this legal
Arun
06 October 2023 at 17:43
Respected Sir
Greetings for the day!
An application U/s 104 of the H.P Tenancy and land reforms Act 1972, filed in the court of Tehsildar cum Land Reform Officer with the following averments.
• That the applicant is recorded as non-occupancy tenants in the column of possession of the land comprised in khata/khatoni no. X Min/Y Khasra no. A, B kita 2 land measuring ###.## Sq. has situated in muhal PQR/###. That the applicants are in possession on the above mentioned land but still they are recorded as non-occupancy tenants in the column of possession of the land mentioned above.
• After perusal, the application was sent to the field agencies for a detailed report and verification of claims submitted by the applicants. Report from field agencies was received on dated…….. in which they reported that applicants has possession on khasra no. A,B Kita 2 Banjar kable Kast and Ger Mumkin Makan from last 50 years. However, as per revenue record no rent is paid by tenants to the Landowners which is mentioned as Bila Lagan Yakjadi Khandan. Hence, no land owner-tenant relationship is affirmed. Therefore, present case U/S 104 (3) of H.P Tenancy & Land Reforms Act 1972 can’t be processed and hence, appeal is dismissed.
(Tehsildar cum Land Reform Officer)
[Yakjadi means having common ancestor. Khandan (family)]
Thereafter, appellant(s) submitted appeal to the SDM court which was accepted for further hearings.
In the meanwhile through right to information act 2005, RTI replies revealed that in H.P state under same act and section such mutations for bila lagan tenants are done in the past, like Bila Lagan Bavajah Ristedari ( No Rent being Relatives) etc.
Also, it is confirmed that in the same tehsil where appeal was dismissed by Tehsildar cum Land Reform Officer, mutations are done in the past for bila lagan tenants under same act and section, Under Section 104(3) of the Himachal Pradesh Tenancy and Land Reforms Act. 1972.
Similarly Bila Lagan covers Bavjah Khidmat, Bavjah Raham, Bavjah Kabja, Bavjah Rajamandi, Bavjah Dharmarth etc.
At present, it is fourth generation in possession of the property.
Thanking you in anticipation of your valuable advice (to get the justice in SDM court itself and to avoid further legal struggle to get justice) in the interest of justice for unfortunate sufferers deprived of their rights from decades, since the inception of Himachal Pradesh Tenancy and Land Reforms Act. 1972.
Sincerely
Hari Baldawa
06 October 2023 at 12:35
https://www.youtube.com/watch?v=-Xy6AbQGbjg
This is the exact case of mine. Please advise.
Anonymous
04 October 2023 at 19:26
Hi sir/madam
I am been doing my business since last 84 years but then the landlord flied a suit on us sub letting which we have not done and stop taking the rent since 7 years I have flied a petition in the court for paying the rent I have show my intentions of paying then also the landlords lawyer are apposing it please help me out will I be evicted because this is my only beard butter he’s not told any of the other tenants even tho they have sub let the shop kindly guide me I will be highly thank ful
Anonymous
04 October 2023 at 12:31
I have purchased an old flat in Nungumbakkam,Chennai which is 33 years old. I'm on the third floor and the top of my flat is the terrace. Now the original landowner, who also has a flat, says he can't allow me to use the terrace as it belongs to him as per the agreement between him and the builder in the year 1976. For this he showed some unsigned documents. He refused to give the terrace key also. However, he allowed me to keep my air conditioner outdoor unit. Kindly help me.
Anonymous
28 September 2023 at 11:29
Hi,
I purchased resale flat in Mumbai in the month of Feb 23 and the seller of this flat has purchased flat which exactly below my flat at the same time.
While purchasing, I asked very clearly if the flat have any structural issues but they have not mentioned any such.
Now after 4 months of shifting to this flat they are asking me to fix the issue of water seepage happening from one of the bathroom.
My question is who is responsible for this? Only just I live in above flat is not rational. The same party sold me this flat without disclosing this water seepage issue. I am sure this issue was there at a time of selling the flat but purposefully they hid it.
I believe RERA laws are even applicable for the resale flat and even which are not registered with RERA. Is there any other law which can protect my interest as my stand is genuine? the seller should have disclosed this problem to me at a time of purchase itself.
Satyan manuja
27 September 2023 at 22:13
I am unable to get my property in my name by way of a registered court decree. The said tehsildar wanted the affidavit of the defendant in that case. What to do in this matter. Kindly suggest.
Amey Bhandare
27 September 2023 at 17:32
We recently bought a shop in an apartment that is sanctioned as a professional office in the building plan. However, a person from the apartment said that you can't run any food-related business in this shop because this area falls under the R1 zone.
But in the Unified Development Control and Promotion Regulation (UDCPR) rule, some food-related activities are allowed in the R1 zone (such as student's mess, pan shop, etc.).
So, if we want to open a student's mess in that professional office, do we need an NOC from the apartment?
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