Anonymous
05 January 2012 at 18:52
in karnataka state, a sale deed was registered in 1974, regarding an open site and a home.
but in panchayath property register book, the purchaser's name was entered only for HOME and not for OPEN SITE, for open site someone's name was entered as it is his inherited property and since 1974 till today he paid the tax of that land, the tax payer and purchaser both have the possession over the disputed open site.
now in panchayath, there is no documents available prior to 1974.
QUESTION IS WHETHER THE SALE DEED IS VALID OR THE TAX PAYER IS THE OWNER OF THAT OPEN SITE AS HE PAID THE TAX AND HAVE POSSESSION?
IS THERE ANY CITATIONS REGARDING THIS MATTER?
Anonymous
05 January 2012 at 17:04
Dear EXPERTS ,
I have found this article in our L C I site. Please confirm me the views of this contributer, particularly in regards to WILL.
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Sale of Immovable Property : Latest Judgment
By : ambrish on 28 October 2011 Print this
PROCHATCALL
Sale of Immovable Property : Latest Judgment
I am referring the latest judgment of Supreme Court on the burning issue of transfer of property by way of General Power of Attorney (GPA) / Sale agreement (SA) or Sale contract/ WILL.
This judgment is passed by Hon’ble Justice R.V. Raveendran , Justice A.K. Patnaik & H.L.Ghokhle, in Special leave Petition of Suraj Lamp & Industries Vs. State of Haryana, decided on 11th October 2011.
This Judgment is very useful to learn the basics of transfer of property and create awareness among masses in simple language.
Crux of the finding are as follows :
1) Transfer of property by way of Sale Agreement / General Power of Attorney/ WILL does not convey any title nor create any interest in an immovable property. These document does not convey and lawful title.
2) Immovable property can be legally and lawfully transferred / conveyed only by a registered deed of conveyance.
3) Such records like GPA/Sale Agreements/Will does not from any basis for Mutation in the municipal records and authorities should take a caution before mutation upon such documents.
4) Transfer of property by way of WILL would also not give much scope to purchaser until the same is not proved in accordance of settled procedure of law and get a proper endorsement of the court. The registration of Will does not alter the situation as well.
5) Court has made it clear that if any development authority or municipal authority has accepted these document for mutation purpose than same should not be disturbed due to this decision.
6) Court has clarified that bonafide transaction should also not be disturbed.
Relevant Legal Provisions in respect of registration of property document :-
1) Registration Act, 1908 by Amendment Act 48 of 2001 has made the provision that documents containing contract of transfer for consideration (Sale agreement) relating to any immovable property should be registered.
2) Section 32 (3) of Registration Act,, 1908 has specific provision that a POA for sale of immovable property should also be registered with registrar or sub registrar of relevant jurisdiction.
3) Section 54 of the Transfer of Property Act, 1882 defines that any property of more than 100 Rupees value can be transfer by a Registered deed only.
4) Section 53 A of Transfer of Property Act, 1882 speaks about the part performance of the a written contract where seller has handed over the possession of property to buyer but the deed is not registered then the possession holder can enjoy the limited rights of the property but the this section read with latest amendment of Registration Act under section 17 (i(A)) which says that document containing contracts to transfer for consideration , any immovable property for the purpose of Section 53 A of Transfer of Property Act shall be registered otherwise such document if executed after 2001 shall have no effect for the purpose of part performance secured under section 53 A of TP act.
5) Section 27 of Indian Stamp Act lays down the obligation to pay eligible stamp duty on the conveyance deed. Article 23 of Stamp Act lays down the sale acknowledging delivery of the possession or power of attorney authorize to sell any immovable property are charged with sale duty as leviable on conveyances.
Benefits of Registration :
- Registration of a document gives notice to the world that such a document has been executed.
- Registration provides safety and security to transactions relating to immovable property, even if the documents is lost or destroyed.
- It gives the public exposure to a property transaction.
- Gives information to about the property to people dealing with that.
- Makes the property title search easier.
(Other Cases of reference : Narandas Karsonda V. S.A. Kamtam And Anr. (1977) 3 SCC 247. Rambaran Prosad V. Ram Mohit Hazar (1967)1 SCR 293. )
By:-
Ambrish Tiwari
MBA, LLB.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Thanking YOU ALL.
Anonymous
05 January 2012 at 16:01
dear experts,
any rules or act having for selling gold jewelry, if you have kindly attach the rule or act.
ganeshgaja
05 January 2012 at 14:28
GANGAREVANNA(late) s/o MUNIYAPPA(late)
G.KUMARSWAMY s/o GANGAREVANNA(late)
GANESH s/o G.KUMARSWAMY(1st wife)present (not divorsed)
SHRUTHI d/o G.KUMARSWAMY(2nd wife)prese nt
SIDDAHONNAPPA s/o MUNIYAPPA(late)
RESPECTED SIR,
This is the family tree. I(GANESH) am the son of G.KUMARSWAMY. GANGAREVANNA is GANESH’s GRAND FATHER.There is no partition b/w GANGAREVANNA and SIDDAHONNAPPA. SIDDAHONNAPPA is the younger brother of GANGAREVANNA. G.KUMARSWAMY wife is JAGADAMBA. GANESH is the only son for them. In year 2005 G.KUMARSWAMY and GANGAREVANNA sold the ANCESTRAL PROPERTY which was in the name of GANGAREVANNA. The sold ANCESTRAL PROPERTY was buyed by GANGAREVANNA in 1962 by selling one of the ANCESTRAL PROPERTY in the same year 1962. GANGAREVANNA is not an Employee in a private or public or in government sector. At that Selling time(2005)GANGAREVANNA is 80 years old and my father G.KUMARSWAMY is 48 years old and his son GANESH is 17.9 years old. GANGAREVANNA is not an educated fellow.In that SALEDEED GANGAREVANNA didn’t say SHRUTHI as his GRAND DAUGHTER. Only G.KUMARSWAMY say that the sale deed was made for FUTURE LIFE SECUREMENT AND FOR IMPROVEMENT OF LIFE OF SHRUTHI and G.KUMARSWAMY signed in that SALEDEED as AS BY MINOR GUARDIAN OF SHRUTHI I am signing. This SHRUTHI is the daughter of SWARNAMBA and G.KUMARSWAMY. SWARNAMBA is the 2nd WIFE of G.KUMARSWAMY.. There is no permission given for G.KUMARSWAMY to marry SWARNAMBA from JAGADAMBA. Both G.KUMARSWAMY and JAGADAMBA are govn.employees. Now GANGAREVANNA is passed away. Reasons for GANESH to file a case:
1. Is there any rights for SHRUTHI and SWARNAMBA in ancestral property of G.KUMARSWAMY and GANGAREVANNA?
2. will the SALEDEED made in the name of SHRUTHI without GANESH is valid?
3. Did GANESH has rights over that sold ANCESTRAL PROPERTY ?
4. Will that SALEDEED can be canceled if GANESH challenged it now?
5. What are the procedures to cancel the SALEDEED made by G.KUMARSWAMY and GANGAREVANNA
6. What will be the punishment given to the saled persons?
7. Did GANESH has to be declared in the sale deed made by them?
8. Is there is any specific time period for GANESH to challenge the SALEDEED?
Anonymous
05 January 2012 at 11:40
I was declared defaulter in loan by a cooperative bank and was issued a demand notice in 2Dec.2008. The Bank wwent on accepting repayment even thereafter and till date. In Feb.2010, intimation to take possesion of securities was given to me by the authorised Bank(cooperative)under SRFAES, inspite continuation of repayments against the loan, to tokae a symbolic possesion, (0n 20-2-2010)The Bank also published an Auction of immovable property 15-2-1010 and on 28-8-2011, ins pite of continuing to repay (al most entire interest has been paid up by me). My contension is, that is this legal when on one side the amount is being accepted from the borrower and on the other side, by keeping him in direct, the award it take(without prior intimation) and the auction is declared? Where do I stand legally and what are my rights? Where do I appeal to stop auction? I have proved my bona fide intension by continuing to pay large sums against the loan throuh out.
Anonymous
05 January 2012 at 09:19
Dear Sirs
I want to draft a deed of transfer in resect of resale of a flat which is adjucent /combined with the other flat
The seller had taken a loan against two combined flats (recently separated by so into two flats with separate share cerificates and ready to issue NOC for the said proposed sale of the flat ) but the previous agreement is common for both the flats which is in the custody of bank as a mortgage now the seller is selling only one out of two combined flat loan is yet not paid he is asking the purchaser to pay off the proportionate loan aount against the said flat he want to sale and pay him the remaining amount so how many parties will be there to this agreement? and what are the imp clauses to be mentioned in the Agreement while drafting the same in the said situation? Kindly pls forward me a demo draft of the said agreement . Wheather there will b three parties to this agreement Seller Purchaser and the Bank
Anonymous
04 January 2012 at 21:56
is it valid to a file a suit before the chief judicial magistrate when a case is already pending before a district court
Anonymous
04 January 2012 at 18:34
dear learned counsel!
Can any one ask for change of his or her caste which wont have a marital relation or heredity,when anybody can change religion and name?
Anonymous
04 January 2012 at 13:56
Respected Sir,
advocate of macp case leaving India,but refuse to return case paper to client without fee. Fee amount high in this stage because case not completed.
my question:
If advocate left India permenently,advocate can be changed without NOC??
any dispute if client appoint another advocate without giving fees in this case??
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Civil
in karnataka state, a sale deed was registered in 1974, regarding an open site and a home.
but in panchayath property register book, the purchaser's name was entered only for HOME and not for OPEN SITE, for open site someone's name was entered as it is his inherited property and since 1974 till today he paid the tax of that land, the tax payer and purchaser both have the possession over the disputed open site.
now in panchayath, there is no documents available prior to 1974.
QUESTION IS WHETHER THE SALE DEED IS VALID OR THE TAX PAYER IS THE OWNER OF THAT OPEN SITE AS HE PAID THE TAX AND HAVE POSSESSION?
IS THERE ANY CITATIONS REGARDING THIS MATTER?