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Sudhin2218   24 August 2010 at 09:08

GPA between 2 co-owners

My father passed away in 1991, My mother was a co-owner and my grandmother was also a co-owner of one of the joint property. In the year 1994, my grandmother did general power of attorney in favor of my mother and released her co-ownership rights to my mother (my mother already having half rights on this property), so my mother became the sole owner of this property. The contents of this GPA also says that my grandmother is releasing her co-ownership rights to my mother, so my question is Can this GPA treat as a release deed? The reason why I’m asking is, now we produced this GPA to one of our CIVIL COURT CASE in karnataka, since this GPA was not registered, Court is asking us to pay the stamp duty for the GPA, if this GPA can treat as release deed, there will be a concession on stamp duty as per the Article 45(b) of the Karnataka Stamp Act, 1957.

At present, release of immovable property at a concessional stamp duty,can be made by any person to his/her family members which includes husband, wife, son, father, mother, brother, sister, "wife of predeceased son" and children of predeceased son or predeceased daughter.


Please get back to me, In case, If you have hard time to understand my above question,

I really appreciate for your help!!

pratik   23 August 2010 at 22:58

Special Marriage Act.

The RCR is filed under the Section 22 of Special Marriage Act,1954 & If you are an Hindu than under Section 9 of Hindu Marriage Act,1955.

Hindu Marriage Act,1955.

So as per clause (c) of section 2 says

to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

Query : 1) So we can say that Special Marriage Act,1954 is applicable to Muslim, Christian, Parsi or Jew by religion ?

2) What is the difference between The RCR is filed under the Section 22 of Special Marriage Act,1954 & If you are an Hindu than under Section 9 of Hindu Marriage Act,1955. If possible with the help of a example(S).


nagendra   23 August 2010 at 21:22

relating to gpa

hello sir, my mother along with her sister gave a GPA to their brother regarding a land. now only my mother want to revoke it. can she do so? if yes can you tel me whats the procedure in india to revoke a gpa

rajvinder singh   23 August 2010 at 20:22

order 22

who has to move application for impleading the legal hiers of the deceased respondent in appeal.the respondent was appearing in appeal through councel and now he died.What should be done to implead LR's of respondent .under which order who has to move an appliaction for bringing the Lr's on record

Anonymous   23 August 2010 at 20:20

where to file appeal???

i have filed a partition suit in Civil Judge Senior Division... along with the said suit.. i also filed EXH. 5 application i.e. Temporary Injunction Application... the said EXH.5 application was rejected by the Judge.... i want to file appeal against that.. where will the appeal lie i.e. in District court or High Court ????? and how????

rajvinder singh   23 August 2010 at 20:17

order 22

who has to move application for impleading the legal hiers of the deceased respondent in appeal.

Anonymous   23 August 2010 at 19:59

ANCESTRAL PROPERTY PARTITION

WE HAVE 1/6TH SHARE IN OUR ANCESTRAL PROPERTY,WHICH IS CLEAR AND FREE FROM ANY ENCUMBERANCES.

50% OF ABOVE PROPERTY BELONGED TO MY UNCLE AND HE HAS SOLD HIS SHARE 20 YEARS BACK BY A REGISTERERD DEED TO A THIRD PARTY WITHOUT OUR CONSENT,NOW THE PURCHASER OF HIS PROPERTY IS IN POSSESSION OF THEIR LANDS SINCE LAST 20 YEARS.HE ALSO HAS ENETERED HIS NAMES IN THE MUTATION ENTRIES OF THE ABOVE PROPERTY,BUT BY MISTAKE THE NAMES OF MY UNCLE WERE NOT DELETED.

NOW THIS UNCLE OF MINE IS TRYING TO SELL THIS PROPERTY AGAIN IN THE MARKET SINCE LAST THREE YEARS..USING FORGED DOCUMENTS....FORTUNATELY HE CANNOT DO THIS AS HE NO LONGER HAS CLEAR TITLE NOR THE POSSESSION OF THIS PROPERTY,BUT HE IS GOOD TALKER AND GET SUBSTANTIAL AMOUNT AS THE ADVANCE / TOKEN FOR THIS DEAL.....THE MODUS OPERANDII IS SAME FOR LAST THREE YEARS...

NOW WE HAVE DECIDED TO TAKE ACTION AGAINST OUR UNCLE AND RESTRICT HIM FROM REPEATING THESE ORDEALS...WHAT IS THE BEST WAY OF DOING THIS....

Anonymous   23 August 2010 at 19:26

defamation

i am a senior health officer and have a partition case against my brother in the civil court. he has filed an application to delete me as a witness stating i am mentally sick as i had undergone treatment for alcoholism in 2007, for which i have documents to prove that i have not been labeled anything of that sort. can i file for defamation?

Anonymous   23 August 2010 at 14:47

review petition

sir, i want to file review petition in high court. is it possible?

Ria   23 August 2010 at 14:05

Additional evidence

Respected experts,

Can additional evidence be introduced in the middle of proceedings, after the plaint has been filed ?