Dhruv
19 August 2013 at 17:20
Dear All,
I have purchased a house property vide Agreement for Sale dt. 20/06/2013. The total consideration was to be paid on or before 10/08/2013. I have made the payment of the total consideration. However the seller is now making absurd demands of not executing the Transfer Deeds unless I make some additional payment.
Ø The relevant clauses in the Agreement are:
1. "THE TRANSFERORS" have agreed to sell, transfer and assign to "THE TRANSFEREES" and "THE TRANSFEREES" have agreed to purchase and acquire the said Flat ___________, together with all rights, title, interest, benefits, sinking fund amount, shares, etc. for the lump sum price or consideration amount of Rs. 40,00,000/- (RUPEES FORTY LAKHS ONLY).
2. "THE TRANSFEREES" will pay to "THE TRANSFERORS" the sum of Rs.2,00,000/- (RUPEES TWO LAKHS ONLY), on execution of this Agreement, as per the details mentioned in the receipt hereafter written, being the part consideration amount, (the payment and the receipt whereof "THE TRANSFERORS" doth hereby admit and acknowledge).
3. THE TRANSFEREES will pay to THE TRANSFERORS the balance consideration amount of Rs.38,00,000/- (RUPEES THIRTY EIGHT LAKHS ONLY on or before 10th August 2013.
4. THE TRANSFERORS shall hand over to THE TRANSFEREES the vacant and peaceful possession of the said Flat against receiving the full consideration amount.
Other clauses are general in respect to execution of other documents, payment of Transfer fees, payment of stamp duty by the purchaser etc.,
Other Facts:
Ø As per the oral agreement, the flat was to be transferred alongwith the furniture;
Ø The payment of consideration has been made by cheque, which have been cleared. However I do not possess the receipts of payments made as the Broker said he shall prepare the receipts and hand them over the next day;
Ø The possession of the flat has been handed over to me by the Transferor on payment of full consideration on that day
His contentions:
The agreement no where mentions the handing over of furniture by the Transferor. If I disagree to make the additional payment he shall take away the furniture.
He shall not execute the Transfer Forms unless the additional payment is made.
Query:
1. Does the seller has a right to take away the furniture?
2. What remedies do I have to transfer the flat in my name as I have made all the payments?
Thanking you in anticipation.
Sunlawseeker
19 August 2013 at 16:01
Respected Advocates!
Query Pertaining to the State of TAMIL NADU.
My friend is builder. He got a joint Power of attorney from two brothers to develop and sell flats.
Out of two brothers younger brother is died.
Whereas, the legal heir of deceased is ready to execute a power of attorney to the builder.
Query : Whether the builder should get a fresh POA or is it enough to get from the legal heir of the deceased?
awaiting reply
Thanks & Regards,
Sundaresan
Suneel Saxena
19 August 2013 at 15:47
I would like to request you to please extend your valuable guidance; as to what will be the amount of stamp duty payable on an Agriculture loan of Rs.4.00 lac in Uttar Pradesh, sanctioned to an existing loanee in whose name an amount of Rs.3.00 lac is already outstanding.
With regards.
Suneel Saxena
Debjit
19 August 2013 at 15:42
Dear Sir, A civil suit is going on for last 30 years, led by my father against only tenant at our premises, for eviction of the tenant on bonafide requirement ground.
Currently season court has given a judgement ruling out their injunction plea of allowing them to continuous use of varandah they captured since long. But the court has not ordered to police to hand over us the possesion of the varandah. Using the gap and political power the tenant is not vacating the varandah and violating the court judgement.
Request guide us how get the judgement implemented ? My parents are of 80+ age and I am staying outstation for my nature of work.
robin
19 August 2013 at 13:47
I purchased a demand draft 15 years ago.
I never used it.
shall bank revalid the demand draft now?
ajay kumar sarawogi
18 August 2013 at 23:38
A trust was created by TESTAMENTARY WILL in year 1887.The settlor vested his one property
in trust for hindu pilgrims and declared that
his all legal heirs and all legal heirs of his (settlors) brother shall becomes trustees
and jointly manage the trust.There is no amendment clause in will/trust instrument.
The settlors desire was that trust should
run in his name and should go on for ever
as possible.
My question are as follows:
--------------------------
1) can eldest legal heir of settlor and
eldest legal heir of settlors brother
can become sole trustees only without
the consent of court,when there are total
eight legal heirs from both side.
2) Can the trust property be let out to banks and not allowed for hindu pilgrims
against the settlors desire.
3)Can name of trust be changed against
the settlors desire.
4)Can the aforesaid trust be merged with
other trust or amalgamated.
5) Can trust property be donated in this
case.
6) if other legal heirs wants to be trustee
what he has to do.
7) Is consent of court necessary if any
modification or amendment in trust
instrument is done against wishes of
settlor.
8) Can the aforesaid two trustees can frame
their own rules for appointment of
trustees when the settlor in his will
has very specifically mentioned the
rules for becoming trustees.
Jaydeep
18 August 2013 at 21:25
I am having a premises which was rented out to tenant for running the Gym. We made a agreement of Rs 12000 per month for the same.
The agreement was of "Leave and License' for a period of 11 months (1/1/2012 - 30/11/2012).
The tenant has stop paying us rent since July 2012 due to which there were series of meeting held by us with them.
Each time they would come with a excuse and ask for some time. We gave them time but the situation did not change so in Nov'12 we told him to vacate the premises.
during that meeting they asked us a time of 2 month so that they can settle all there dues by selling the gym machinery so we gave them time.
On Jan'13 the tenant was not able to manage the money so he again came to me asking for some more time. we refuse to grant any more time so they handed over the keys of the property to us asking for 1 month time to arrange the money and pick up there machinery from the premises.
We agreed to it but took all the thing in writing (on a plain paper) signed by the tenant.
After 1 month again the they were not able to arrange for the money and asked for some more time.
this time we took there signature on a Rs 100 stamp paper (in the tenant handwriting)that they are surrendering the machinery in the gym to the owner in lieu of there outstanding rent.
but after that also they came to us saying that they want to pick the machinery and bring some new stories every time.
But in July'13 we said that we are not ready to extent them so pay the rent or based on the previous meeting details we will sell the machinery.
They refused for both saying that then the customer of the gym would come to them for money.
After which I got a call from the police station that there is a letter given against me by the tenant. In which they are saying that we had force fully closed the premises and that they want the extension of 5 more yrs.
we went to the police station with all the minutes of the meeting between the tenant and us. The police person was behaving as there agent. I consulted few other police persons, they guided me to put a written application with all the evidences I did so and gave to the police station and all the senior police persons also (like DSp).
But to my letter came down to the same officer on which he is just sitting.
On 18th august we met the police officer asking him as to what action he has taken on our application.
He said that he will put a FIR on us for not allowing him to take the machinery.
When i asked him about my rent (i.e. of more than 1 yr) he said let it go.
Kindly guide me what action i should take.
as I wanted to clear the premises at the earliest and then fight with the tenant for the rent.
I also came to know that the tenant is a fraud person and also taken unsecured loan from many person saying that he is the owner of the premises so he wants to buy more and more time by not paying the rent.
Please guide.
Thanks
Member (Account Deleted)
18 August 2013 at 14:28
My 75 yr grandaunt (widow), in Faridabad, was sold a HDFC Life insurance policy @ an annual premium of Rs 1,50,000 on the understanding that she is the insured person and I (her niece) am the beneficiary.
I discovered this when I recd the half yearly statement and realised the policy is TOTALLY OPPOSITE. I am the insured person and she the beneficiary. I NEVER received the original policy nor did I EVER sign any proposal forms.
I immediately complained and asked the policy be anulled, as my signature was obviously forged.
After 8 months, they now agree to annul the policy subject to me signing an indemnity bond which says I applied for the policy, have not recd it, and am requesting a duplicate. NONE of these facts are TRUE.
Should I sign the indemnity bond that contains untruths ?
Can I instruct them to refund the money to my Aunt ?
Should I pursue the forged signature as a criminal offence?
Member (Account Deleted)
18 August 2013 at 14:25
My 75 yr grandaunt(widow), in Faridabad, was sold a HDFC Life insurance policy @ an annual premium of Rs 1,50,000 on the understanding that she is the insured person and I (her niece) am the beneficiary.
I discovered this when I recd the half yearly statement and realised the policy is TOTALLY OPPOSITE. I am the insured person and she the beneficiary. I NEVER received the original policy nor did I EVER sign any proposal forms.
I immediately complained and asked the policy be annulled, as my signature was obviously forged.
After 8 months, they now agree to annul the policy subject to me signing an indemnity bond which says I applied for the policy, have not recd it, and am requesting a duplicate. NONE of these facts are TRUE.
Should I sign the indemnity bond that contains untruths ?
Can I instruct them to refund the money to my Aunt ?
Should I pursue the forged signature as a criminal offence?
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Maharashtra co-operative societies act, 1960.
An Annual General Meeting of a Co-operative Housing Society was fixed on 12.08.2012. The business in respect of two items [ 1) Passing of accounts for the year 2011-2012 and (2) Approval for additional expenditure of Rs. 27.77 lacs spent on Road Repairs] could not be transacted as, admittedly, written objections were raised by some members present in the meeting on the main ground amongst others that the said amount of Rs. 27.77 lacs was spent without prior sanction of the general body. The said Meeting was, therefore, postponed. There was no disturbance or violence during the meeting and the situation was normal and peaceful. However, the Chairman presiding over the meeting committed default in postponing the meeting to any other suitable date not later than 30 days from the date of the meeting as may or could have been decided by the members present in the meeting. Thus, the Chairman failed to fix the date of the postponed Annual General Meeting and committed default in complying with Rule 60(8) of the M.C.S. Rules, 1961 and merely postponed the Meeting.
Even otherwise, the postponed Annual General Meeting was not called or held within or after 30 days from the date of the meeting. However, a Special General Meeting was called and held on 22.12.2012 in breach of Section 76(1) of the M.C.S. Act to transact business in respect of only one of the aforesaid two items i.e. Passing of accounts for the year 2011-2012. The business in respect of the second item [Approval for additional expenditure of Rs. 27.77 lacs spent on Road Repairs without prior sanction of the general body] of which Notice had been given for the Annual General Meeting held on 12.08.2012 was deleted and not taken up for consideration.
Sir, my queries are as follows:
In the circumstances stated above,
(1) Whether Sections 75(1), 75(4), 75(5) & 75(6) of the M.C.S. Act, 1960, are attracted as the Society committed default in complying with Rule 60(8) of the M.C.S. Rules, 1961 and Bye-law No. 103 of the Society?
(2)Even assuming that the Society has not committed breach of Section 76(1) of the Act, whether the Special General Meeting called and held on 22.12.2012 is illegal and untenable as the Society committed default in complying with Rule 60(8) of the M.C.S. Rules, 1961, read with By-law No. 103 of the Society?