sunil
27 August 2009 at 11:58
Hi,
I'm looking for buying a property. The owner has given a GPA to her father- in-law for selling/registering the property. Is it safe to buy such a property. would there be any issue in future.what should I do for the safer transaction where there would not be any problems in the future. I have not contacted owner as yet and I do not have any identity of owner. But all doucments related to the property seems to be ok. Please provide suggestions in this regards
Thanks
Sunil
AJIT KAWATKAR
26 August 2009 at 11:24
I'm a"member-landlord" of Plot-owners co-op hsg socty, in Nashik &develop the same with Devmnt. Agrmnt.[Rs.10/ppr. Notarised]+POA.in 1989.the developer constructed a bldg.there[12 flats+3 shops]out of which i received 2 flats FREE in lieu of my open plot;the remainning 10 flats+3 shops he sold to outsiders.The poss'n was given to all in 1993.I have only POSS'N LETTER.NO Agrmnt. for sale/sale deed.Q1]being a landlord am i suppose to pay/exumpted from stamp duty ®istation?Q2]if yes & since i dont have any Agrmnt.except the Devmnt.Agrmnt.,POA where in all the terms are mentioned;can be used as Agrmnt.for sale/Sale Deed?Q3]is it possible to undertake Apartmnt declaration-®. without me having any Agrmnt.?please guide.
Legal_Query
25 August 2009 at 16:59
Sir,
My query is:-
a farmer got a peice of land about an acre, from his forefather. now he wants to sell it but his three son are objecting to the sale. what remedies are available to the son of the farmer to stop their father from selling the land and securing their share in the land.
Thnx & Rgds
R Bajaj
25 August 2009 at 15:41
Dear Sir,
We are three brothers and after demise of our parents we have mutated the ancestral property in our names now we want to divide the property so that individual floors are registered in seperate name it is a three storied house one floor to each brother.(In Delhi)
What are the formalties to do this and will be the financial burden in terms of registration or any gift tax etc.
Please Guide.
Bajaj
AMIT KARIA
25 August 2009 at 13:12
Hello,
My director wants to purchase a residential flat in the name of the company. Can a power of attorney be executed in favour of an outsider to purchase the flat & complete all the formalities including registration.
The person is niether director nor an employee & is not assciated with the company in any manner?
Can this be done?
If yes, then what value of stamp paper to be used for executing the POA?
Waiting for your replies
Thanks.
Clarence Pais
24 August 2009 at 19:32
Dear Mr. Tripathi,
Senior Advocate
My question is:
Under ISA must the heir himself file suit, or can suit be filed by Power of Attorney holder on behalf of heir.
Under ISA Act, here is father who is deceased, property which belonged to the father by Settlement Deed of 1921 was handed over to sons by oral partition of 1962, which is oral partition is recognised by a 1976 compromise decree of the Munsiffs Court, Mangalore. Now daughter files suit under ISA which is neither administrative suit, nor a suit to challenge Will by probate suit, but is filed for property that belongs to the sons, to set aside the compromise decree on grounds of fraud claiming that decree was obtained to defeat provisions of ULCR Act. THe SLP is filed by the POA holder and not the Petitioner claims ISA is applicable and proceeds to examine applicablility of ULCR Act once again whereas the courts below have upheld ULCR Act not applicable. My question can SLP be filed by POA under Indian Succession Act claiming for property that belongs to sons alleging fraud to defeat provisions of ULCR Act
I've misplaced your book on Commentary to Indian Succession Act 1926 with 2002 Amendment No 26, which has been found very useful to me. I'm unable to get another copy in Mumbai. So please, please I would be obliged if you could kindly send me a copy per VPP
I remain obliged
Clarence Pais
akash jain
24 August 2009 at 17:49
Res. Sir,
Please let me know,who pays and bear the Registration Expenses for sale of a Immovable residential Property in India ?
Please also let me know,that if the Registry was found understamped,To whom notices will be delivered by Dist.Registry Dept -to buyer,or to seller or to both and under what section ?
kindly help me.
Thanking You sirs,
Yours,
akash maheshwari
akash jain
24 August 2009 at 17:26
I have purchased a residential property near about 30 yrs back.We got the sale deed Registered through the power of attorney holder of the seller.
The property is muted by us in Muncipal records from then and we are staying there peacefully till now and paying all dues etc in our name as owner.
Recently the owner,3 years back ,after knowing that we lost the copy of power of attorney of seller,refused the registry and given ground that he left the place at the of Registry,and he never sold the property to us.
The registered deed of sale contains Income Tax permission under Section 230A[1],of I.T .Act 1961,which was signed by the original parties and is attached in the registry.The I.T. permission was from the other State,where the seller was filling Income Tax returns and having their Head Office.
Now,can I call the Income Tax Dept of that State from where the order was issued to seller,for witness in Civil Court,where I filled Title deed suit against the seller.The said Order or Permission Order U/S 230A[1] of I.T Act,1961 ,was taken before 30 yrs by the seller.
-what is the process to call them?
-IS Civil Court of one State is having Rights to Call for witness from some another state of India,Or we have to go there,to that State,with my Lawyer,Oath Commissioner,appointed by Court for taking the statement Income Tax Dept of that State?
-Can I will get reply from that Dept. ,after 30 yrs about its verification of that order?
-Can I take use of Right to Information Act,and get some useful reply from that Dept. and avoid going their,so long and incurring so much expenses?
-If I can take use of Right to Information Act,what I must ask to them and for expenses ,what and in which form I have to send money for getting information from I.T Dept.?
_ I.T Dept may refuse to give reply,as the document and information needed by me is of more than 30 yrs old,so what may be appropriate way to ask them ,so as to get reply required for purpose?
What else help and valuable opinion of yours can be received to me in such a matter?
What was the clauses of Section 230A[1],of I.T .Act 1961 and what was the process in Year 1978 to get the Permission under that section of I.T Act,1961?
Please help me and oblidged.
Thanking You sirs,
Akash Maheshwari
Rajath Chandran
23 August 2009 at 21:56
Dear Experts,
Thanking you for your clarification on my earlier query on parking area for apartments.
Further to this, I need your advice on the following scenario:
I had purchased the 2nd floor of a two storied residential building in 2007 and had rented it out.
The 1st Floor of the building was bought and occupied by another person in 2008 and the ground floor is occupied by the original builder.
The builder had sold off the 1st and 2nd floors in 1998 and in 2003.
The building is located on 8 cents with ample space for car parking. The 1st and 2nd floors(we) have 1/5th undivided share each of 8 cents.
There is an pre-existing agreement with the builder/ground floor owner that the common expenses including the water bills shall be shared in a ration of 40:30:30 respectively by the ground floor, 1st and 2nd floors.
The ratio is higher for the ground floor since there is an additional space to the ground floor which has been let out.
The builder has in addition made a temporary construction on the roof of the building, which has been rented out. We ignored this because it didn’t seem worth making an issue when things are otherwise alright.
Things went on fine till recently we received a statement with exceedingly high water tariff and infact for the first time the water bill was attached. Till recently we had been paying whatever the amount the builder showed in the statement.
On verification, we found that the water facility in our building was being shared with the new building constructed adjacent to us by the builder without our knowledge.
In total we (2 households) were expected to pay 60% of the total water bill for the water used by 10 odd households occupying both the buildings.
Similarly we found that even the septic tank and the sewage facilities of our building was being shared with the other building.
On our mentioning this to the builder, he remarked that we had no right to question his right to do what he wanted since there was already an agreement with the first buyers which we have to follow strictly that included the water expenses too. Which is no way logical since the agreement pertained only to our building.
Out of spite, the builder has demarcated the car parking area in our building as exclusive to him stating that he has not sold the parking area to us. Which again is not convincing since we already hold 2/5th of the undivided share for the 2 floors. Of course, the builder still has the 3/5th undivided share with him.
Though we are not sure if that legally entitles him to take such unilateral decisions himself. Please clarify.
Again the water connection is in the builder’s name for this building. Does that give him the right to use the same for the new building constructed by him ?.
Please also clarify if we are entitled to compensation for all the water bills paid to him for the period from which the new building was constructed. Of course the he has only given us statements not bills and no receipts for the payments given to him.
Also the tenants of the temporary construction in addition to using the water supply paid by us and also using the passage of our building, which we feel, is a threat to the security of the legal occupiers of the building. Is it legally in our favour if we protest about this.
We do not want to share the water and septic tank/sewage facilities with the other building and would need to have rights to car parking of the 1st and 2nd floors. Please clarify if our requirements carry sufficient merit so as to take it up legally in case the arrogant builder/ground floor owner refuses to change his stance.
Dear experts, please advice.
Thanks is advance,
Rajath Chandran
99464 45067
rajathchandran@gmail.com
Member Strength 9,49,053 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
conversion of agricultural land
hey guys I have agricultural proprety in Raigad district(Maharashtra) near kashid beach. I want to convert this into tourism land to open a resort. please can you guys guide me with the legal procedures.....