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Rufus Dias   12 November 2009 at 10:05

Adverse Possesion

Dear Sir,
I own two houses in my property, one is occupied by a encroacher for 20 years, he refuses to move. Although I live in the 2nd house in the same property whenever I visit Goa maybe once a year when I get leave. I have little or no time to take action and even if I do they return as soon as I leave town.
Please advise what action can be taken?
Also let me know the SC recent notification will help in the matter?
Thanks
Rufus Dias

Anonymous   12 November 2009 at 00:03

Church Property under dispute

Church property under dispute.
The Property is more than 100 years old. This property was used as Mission Bungalow serving the poor with medical facilities and residence for mission workers. Some 15 years ago efforts were taken to construct a church building demolishing one of the compound walls. But some villagers tried to obstruct the construction of a church citing that the land belong to a local Hindu temple, and many church members and the church priest were attacked and wounded. The dominant caste villagers are obstructing the construction of the church using violence.
The local police are citing Law and order problems for any help to construction of the church. The police are also afraid of the Local dominant caste people. They are obstructing to move the construction of the church by influencing the police, the local panchayat administration.
The Panchayat President is not giving permission after having submitted our application for construction of the Church, for fear for life and use of violence by some dominant caste people.

We have Patta, Chitta and Adangal to the above said property. But we are not still able to take possession of the said property. As the dominant villagers are obstructing to any move to take possession. And the police seek proper court orders, since the property is highly vulnerable to cause law and order problems.
1) Kindly suggest as to how we could take possesion of the property?
2) Kindly suggest how we could get the Local panchayat's approval (No Objection Certificate) for Construction of the Church, as it is being denied by the Panchayt president even after repeated applications
3) how we as the Church can take up the matter legally?
Kindly help
Regards
Church Preist.

Anonymous   11 November 2009 at 23:59

Church Property under dispute

Church property under dispute.
The Property is more than 100 years old. This property was used as Mission Bungalow serving the poor with medical facilities and residence for mission workers. Some 15 years ago efforts were taken to construct a church building demolishing one of the compound walls. But some villagers tried to obstruct the construction of a church citing that the land belong to a local Hindu temple, and many church members and the church priest were attacked and wounded. The dominant caste villagers are obstructing the construction of the church using violence.

The local police are citing Law and order problems for any help to construction of the church. The police are also afraid of the Local dominant caste people. They are obstructing to move the construction of the church by influencing the police, the local panchayat administration.

The Panchayat President is not giving permission after having submitted our application for construction of the Church, for fear for life and use of violence by some dominant caste people.

We have Patta, Chitta and Adangal to the above said property. But we are not still able to take possession of the said property. As the dominant villagers are obstructing to any move to take possession. And the police seek proper court orders, since the property is highly vulnerable to cause law and order problems.

1) Kindly suggest as to how we could take possesion of the property?
2) Kindly suggest how we could get the Local panchayat's approval (No Objection Certificate) for Construction of the Church, as it is being denied by the Panchayt president even after repeated applications
3) how we as the Church can take up the matter legally?

Kindly help
Regards
Church Preist.

Anonymous   11 November 2009 at 16:41

Diff Between POA and LOA

Dear Experts,

Can somebody detail me the difference between a Power of Attorney and a Letter of Authorization in its essence?

Thank you in advance.

Anonymous   11 November 2009 at 15:17

wife not vacating from her father-in-laws house

im working abroad. i got real problems with my wife and have decided to get divorce. here are the highlights:

1. she lodged a case at the local police station on grounds of dowry torture.
2. I got anticipatory bail
3. I filed a petition for divorce on grounds of cruelty
3. She is currently staying at my fathers house (bought by him on his name)
4. She would not vacate the house
5. We received a court order - it says we should not interrupt her stay there

Now my question is this: is my father going to lose his property?

We've been married over the past 2 and a half years. She has been staying at my fathers house for the past one year. we got a child too. We are christians.

thank you

ABCDEFGHIJKLMN   10 November 2009 at 18:46

Documents and registration of Flat-Time limit if any?

To the Expert panelists,
A friend of mine has purchased a flat through the developer of the project about 3 years back. At the time of taking over the possession of the flat, he has affixed necessary Stamp duty on the agreement, at applicable rate.
When he inquired about registration of flat, the builder told him that if my friend wanted to register the flat, it can be done, but registration charges/fees will have to be paid by the owner. However it can be done at a later stage if so desired, and Stamp duty paid will be adjusted during registration.(He did not say anything about the time limit in which registration should be done).Since my friend was having finance difficulties, he opted to have the flat registered at a later stage.
After about one and half year of purchase of the flat, my friend wanted to have the flat registered, so he approached other buyers to find out the procedure. He came to know that to have rebate of stamp duty paid initially, one must get the flat registered within six months of paying stamp duty.
More over he came to know that if he continues to stay in the flat and does not want to sell the flat, registration of the flat is not a must. Registration is required (or is must) when he wants to sell the same.At presant registration of Flat is pending.
He keeps getting corporation Tax bills in his name, since purchase of the flat.
Can he avail the exemption of the stamp duty already paid initially? if he desires to have it registered now.

Will any one of you guide if above contention is correct. Bhasker Parikh@gmail.com

AMAN   10 November 2009 at 15:02

SALE BY IMPERSONATION

suresh   10 November 2009 at 13:53

huf

my father purchased a land on his own and got it registered in 1956. he passed away in 2008 dec. and named his property to me and my sons and my three sisters in a registered will in 2004. i also had a elder brother who died in 2004. his wife and two daughters filed a case in 2008 against us (on me and my father) in court claiming this property as huf(which is not true) and hence her right before death of my father.after death of my father i filed an application requesting to make my sisters and son as parties according to will executed which they denied.i filed an application of rejection of case on basis of absence of necessary parties which was rejected by hon court. can anyone tell me that can wife and daughter can file partiton suite of huf after death of husband and before death of my father and can be this case rejacted on basis of absence of necessary parties.kindly give any rulings also

Gaurav Agarwal   10 November 2009 at 12:25

Lease and Mortgage

What are the laws governing the lease of immovable property (Land)? Does Government charge stamp duty on lease of land? How stamp duty for such lease is determined? How I can find same for Gujarat?
Can a property leased to "A", be mortgage to "B"?

Anonymous   09 November 2009 at 16:50

Agricultural Land

Hi,
I would like your kind advice. My wife is an agriculturist and her income is more than 2 lacs. I want to buy a land in her mothers name who does not have any income. Does Section 79 still apply ?..as in the law it says the person or family has a income.does her daughter income included along with her income.

Warm Regards,
Avi