rk
21 February 2009 at 13:14
hello, my flat was in dispute for over 10 years i have recently been awarded a ruling in my favour, now soc. want me to pay maintenace due for last ten years along with 21% interest , this flat was lying vacant
Pl an indemnity bond was also furnished to soc for xfer of flat , but soc. refuses to send/correspond till date and time
is there some rule under which soc. can waive of interest or what relief can i get as soc is not cooperating.
Anonymous
18 February 2009 at 23:47
I want to read some case laws and ruling of Supreme Court regarding time limitation which shows that old Registries,which is approx 30 years old cannot be challenged
Anonymous
18 February 2009 at 23:45
I want to read some case laws and ruling of Supreme Court regarding time limitation which shows that old Registries,which is approx 30 years old cannot be challenged
V V SATYANARAYANA
18 February 2009 at 23:03
Sirs,
We have taken a flat for office purpose in Bangalore for rent for 11 months and made lease deed with general terms & conditions.
Learned friends may kindly clarify whether it is a valid document or not ? and whether registration is necessary or not under T.P.Act ?
amit
18 February 2009 at 19:15
Dear sir,
Manish is running a firm,on which he has taken OD limit from one bank & Bank Loan as LAP from another bank.He is also a Director of one of his company.Now,he wants to transfer his proprietorship of firm & directorship of company to one of his family member so that he can go abroad.
here i want to ask how can Manish transfer his proprietoship & directorship while the OD & Loan of banks are on his name.Do bank have any objection and what r the formalities?
Mehul K Ghedia
18 February 2009 at 18:04
Currently i and my father co-owning the house where we live. now my father volunatrily wants to forgo his right on the propety without any consideration so that i become the sole owner of the same.
Is it possible to remove my father name as co-owner.If yes what is the procedures and formality for the same.
Do we require to make a fresh agreement between us and do we require to pay stamp duty and registration charges on the same upfresh.
It is also to be mentioned that we have home loan on the same as co-owner so in that cass what we require to inform to the bank and what will be the liabilty of my father, in respect of outstanding loan amount, after separation.
Please guied me.
thanks a lot in advance.
Anonymous
15 February 2009 at 18:20
I want to know following things for Registration of a sale/lease of a property in India:-
1)DO Registrar check the Authority of Power of Attorney Holder of Seller at the time Registry of the property.
If now ,after 25Yrs Buyer lost the POA of seller,can he call the Registration Dept for witness ,in civil case filed by him on seller for title suit?
2)Power Of attorney Holder of the seller before the Registry of the above property taken out permission under sec.26 and u/s 27 of the Urban Land Ceiling And Regulation Act,1976 , in Raipur ,for sale of the above property to the buyer.Do the Above Dept.
check the Authority of POA Holder before permitting him the sale of the property.
Do they have to keep with them a copy of POA Holder in the case,seeking permission under the Act.?
Can we call them in civil court for witness ?
3) what is the time frame to challenge the mutation in Land Revenue ?.Can a seller can challenge after 23 yrs of mutation?
4)If seller in our case give his power to his relative and take some order against us and suddenly his said relative get expires ,can he refuse the power given to his relative?
If he refuse ,what is the status of the order which his so relative has taken ,on behalf of him ,as his POA holder? Is the said order is valid ?
Can we file criminal case against seller for immediate refusing with in a year ,the POA given by him in a court and refusing the same in the another court with in period less than a year,after the death of POA holder?
Can we do something ,if the seller again submitting the order copy which he got by his POA in again third court,where he is accepting the cancelled order.
Here, the Seller first gave his POA to his relative and got a order in his favour througgh his POA HOLDER, later sometime after he refuses the POA given ever to his said relative in another Court and again After sometime he submits the said cancelled order got by his POA holder in some Civil Court i.e he again accept.What action we can do in civil court and else against the seller?
5) The seller got I.T permission before the Registry and it was taken by them only, for selling the property to us,under section 230A(1),under Form no.34A(see Rule 44A) from Jodhpur and Raipur I.T dept,where the joint owners were assessed,and the same contain the sign of assesee i.e seller and I.T officer and is also attached in the Registry done in Yr.1979.
Can we call the I.T dept for witness or can we ask them to give the true certified copy of the case filled by the assesee for taking the permission certificate?
6) We have been served notice by I.T dept after the Registry for purchasing undervalued the proerty under section 269L(2) ,of I.T Act,1961.
Can we can also call them for Witness in civil court?
Do under the above I.T Act,notice is served to only buyer or also to seller of the Property?
,
Please help me by giving me your honourable advice or opinion and oblidge.
Thanking You Sirs,
Yours Faithfully,
Sanjay chandak
Anonymous
15 February 2009 at 16:51
Sir,
I have a querry,in which i need your hanourable advice-
A property is purchased by a joint individual Individuals let A and B in Yr.1966 , 40000 sq fts.
On the said property a Firm,let X is doing business, in which B along with C,D,E and F are partners.Kindly note A is not the Partner.
In Yr 1973 , Firm X leased the said property to Firm Y by Register Agreement for a period of 30 Yrs,even though property is in name of joint owners A and B.
In Yr 1975,out of above 40000 sq ft A and B sold 15000 sq ft to Firm Y.
In yr 1975 ,Firm Y after Registry in its name , kept 15000 sq ft mortgaged with the Bank.
In yr 1979,new parties take over the Firm Y with all the liablities and got Registry from Bank after paying the dues, and from that time is in possession and Firm is doing business there,also they have their tenants also.
In yr 2003 Firm X started to claim the property stating that lease period is over and they after showing the lease deed to tenants started to take rent from them.
I want to know -\
1)can firm X can do lease aggreement to Firm Y in Yr 1973,even if property is in name of A and B and only B is the partner in the Firm X and When A and B itself executed a registered sale deed to Firm Y in Yr 1975,without mentioning anything about the lease in the Registry documents?
2) In Registered Lease deed ,in property description,it is just mentioned properties is in four side of the said plot,which is going to be leased,there is not mentioned the Khasra No. of the plot ,Place <City>and Area in which it is situated and How Firm X got right in the said property.The map of the above place which is going to be leased is also not attached in the Registered Lease Deed.
In original Lease Deed properties in four side of the leased plot is written by hand whereas second copy with the Registrar contain the matter in typed.
Is the lease deed valid?
3)LEASE DEED has been executed by a managing partner "C" of the Firm X to Firm Y in Yr 1973, whereas sale deed executed by joint owners A and B in yr 1975 to firm Y through its partner who is again " C".
Note here that C is involved in both the place.
In sale deed ,it was not mentioned by A and B that the plot is a part of leased land.
The said partner C only made entered new partners in the Firm Y in Yr 1979,and left the place.
What is the legal position of new partners who became partner in Yr. 1979 ,when the firm property is mortgaged in Bank and took out the Firm from loans of Bank and is in possession till,but recently his tenant is started giving rent to Firm X?
Is lease is valid and the registry done in Yr 1975 by Original owners is invalid?
What is the position of C?
What more can new Parties can do?
Kindly give your valuable reply or opinion and oblidge.
Thanking You Sirs,
Yours faithfully,
sanjay chandak
(a partner of firm Y,who takenover the firm in Yr. 1979 with its huge liabiality.)
P.Muthusamy
14 February 2009 at 20:56
I AM HAVING SELF ACQUIRED PROPERTY ALONG WITH THE PROPERTIES BEQUETHED BY MY FATHER AND PROPERTIES BY PARTITION OF PROPERTIES OF MY MOTHER.
CAN I WRITE A WILL BEQUETHING ALL THESE PROPERTEIS TO MY WIFE . I AM THE FATHER OF THREE DAUGHTERS.
KINDLY ADVISE.
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info on new law
hello, heard there is law that states that
soc. cannot take more then 3 years interest on unpaid dues ? in what situations is this valid or applicable