pratik
27 June 2010 at 15:00
(b) other non- testamentary instruments which purport or operate to create, declare, assign, limit or extinguish,
1. Sub- section (1) of s. 14, rep. by the A. O. 1937.
whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;
What do u mean by vested or contingent interest as per the above said act & also as per the trasnfer of property act, 1882 with the example(S)(S)(S)(S)(S).
Pls answer the query & dont write which is not relate to the queries this statement i have to write becasuse some of he learned members write any thing whichis not related to the querie(S). Also i apologize to whom it is directed hearted.
Thanking u all experts in advance.
pratik
27 June 2010 at 14:29
Respected Learned Members,
I don't know that why my queries are not answered but than also i am posting my queries under thisite & forum.
1)As per section 18(cc)of the Registration Act, 1908 What it says that if the value is less than 100 but if the value is more than 100 than we have to register. Pls tell me that i am right or not. Means If the court decree is more than rs.100 than we have to registered as per the presecribed section & the said act.Whether it is kind or cash.
cc)2[ instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of a value less than one hundred rupees, to or in immovable property;]
2)2) Also as per section 89(4) First the revenue officer defination is not define under the said act. & also i would like to known the defination of the revenue officer as per the registration act, 1908 because i think the public auction done as per the SAFARSI Act & the person or any authority whether goverment or private whoever autions the immovable property are also known as revenue officer as per the section 89(4) & the said act. Also i would like to known that the sales made under the SAFARSI Act & the certificate given to the buyer of the property should also registered it & the copy of it should also be submitted as per the section 89(4) of the said act. I think the buyer has to submitt the copy pls clarify by abovementioned querys that whether i am right or wrong.
(4) Every Revenue- officer granting a certificate of sale to the purchaser of immovable property sold by public auction shall send a copy of the certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the property comprised in the certificate is situate, and such officer shall file the copy in his Book No. 1.
Thanking u all experts in advance.
Anonymous
26 June 2010 at 21:36
Shri, Harbhajan Singh Thukral ji,
In your reply to my undermentioned query, which reads..,
Are you accepting rent from the tenant in ordinary course ?
I wish to state that I have not received any rents so far since the notive was served,
and they in turn filed a IA in July 2009 which is not disposed, that we are returning the rents sent by way DD.
Is that enough to file the EVICTION SUIT or should i sent another notice to that effect.
PREVIOUS QUERY:
Sir/Madam
I have given a notice for eviction u/TP act to my tenant in the year march 2009.
He was using the house for other than residential purpose and not paying rents.
A civil case for injunction is ruining parallel in the courts and is in trial stage.
My question is the CONTENTION for eviction is same, so should I give him another notice for vacating the premises OR
Is the notice served on him in the year 2009 march is sufficient as I intend to file a eviction suit shortly..
Pl clarify the legal status and remedies.
Thanks
Shubhi
26 June 2010 at 15:15
Mr. Y has issued some blank cheques to Mr. X as surity against loan. Now Y has repaid the loan vide cheque issued by his mother in the name of X's brother. Receipt of this cheque is signed by Mr. X and X's brother.
(receipt is not stating about loan or any other blank ch. issued earlier by Y. It is only a simple cheque receipt in which it is mentione dthat cheque is issued on behalf of Y and X's brother is accepting it on behalf of X)
X has taken the cheque but not returned the blank cheque or the loan agreement. What should Y can do in this regard.
Y is apprehensive that X can present the cheque and on bouning he will file a suit.
Anonymous
25 June 2010 at 21:34
Sir,
An IA u/sec 151 CPC for directions was filed in the JCJ court.
My query is?
1. The petitioner has already filed a IA which is pending before the Hon'ble court and is not disposed off.
2. It is about a year now that the IA is not disposed off.
3. The petitioner has again filed a separate IA on the same ground and is simply wasting the time of the court.
Please enlighten me of the provision in the CPC where by the IA can be dismissed or not admitted as a previous IA is pending disposal.
or
Which is the right stand at this juncture to take regards to the IA filed. Pl suggest.
Thanks
Anonymous
25 June 2010 at 19:19
Sir Unless amendment in Pleadings a Mandatory Injunction Cannot be Granted...
Could you Please help me with Citations relating to this....
Anonymous
25 June 2010 at 17:30
Respected Experts,
Plz. Clarify the doubt and give a solution for the query.
A and B are contesting a landed litigation since 40 years. While things stands thus, both of them entered into a compromise and accordingly a decree has been taken in favour of “A”. To implement the said decree, "A" has approached the revisional authorites and when the matter was carried before the revisional courts, “B” also raising some technical disputes against “A” and wherein “A” has succeeded in all Revisional Authorities and also Single Judge of High Court. Again the matter was carried out by “B” upon the judgment of Single Judge.
While a Writ Appeal pending before the Division Bench of High Court, “C” entered into the picture and got purchased 3/4th of the lands by way of Registered Sale Deed and 1/4th of the lands by way of Registered Agreement of Sale cum GPA. I think that “C” entered into the said lands, knowing about the dispute and further “A” has succeeded in all lower courts and with a view to succeed before Division Bench also, since “A” has valid reasons to win the case.
Unfortunately the Division Bench has quashed all the orders below and that a SLP is filed and it is pending before the Apex Court. At this movement, “C” has the following doubts.
1. “C” wants to implead in this SLP as a party, as he was not impleaded earlier.
2. In case, if A colludes with B, what “C” should do?
3. Is there any possibility by A, to cancel the above two registered deeds, either today or tomorrow.
Anonymous
25 June 2010 at 16:27
Hello Sir,
I have rented an house in perungudi for Rs.18,000. As per my rental agreement I was asked to either pay an increased rent of Rs.20,000 or vacate the property once the agreement comes terminates(at the end of 11 months). I was asked to do the same by the landlored after the agreement period. They issued a 3 months' notice when I was abroad. Since the postman refused to deliver it to anyone else, they sent me a notice again, after a month, this time giving me 2 month's notice period. I am not able to find another house rightaway but I am regularly transferring the 18,000 every month on the specified date.
What hold do I have to continue to live in the same premises for a few more months until I find another house.?
arun bansal
25 June 2010 at 15:18
the defendant take 3 times for filling of WS but on 4th date (after more than one year) file app u/s 8 of act without any certified copy of agreement. Is it sustainable under act in view of sukanya holding case of year 2003
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Implivcations Public notice of disowning a son
Mr X is very disturbed and anguished about continued misbehavior, irresponsible conduct of his son and decides to give a public notice to disown his son, his wife and their children and debarr them from all of Mr X,s movable and immovable properties and sever all the relationship ties with his son and his wife including his children. Is it essential that Mr X has to dissolve his existing partnership firm in which Mr. X and his son happen to hold 50:50 profit sharing.