Anonymous
21 December 2010 at 13:50
Lnd experts,
How important is the recital portion of a sale deed, in deciding the real intention of the parties entering into agreement, especially when the sale deed is more than 40 year old.
Also does recital portion of the sale deed has any importance or not?
Please suggest and guide, if possible with any case law.
With best regards and many many thanks,
Anonymous
21 December 2010 at 12:11
In my previous post I did not get any right answer, therefore i thought let me explain in more details, there are some people in my colony area, who are not happy with me due to my caste and my social works, so one day I was passing through my near by house street upto 6:30 a.m and suddenly the people appear and caught me, and made a PCR call accusing my false allegation, that we caught a thief and they tried to kill me but anyhow escaped by some other people. and the police came and made investigation, and there was not any robbing and no any stealing of good,but local police supported them and registered crpc case for both parties for SEM Court. and in the court ASI told very clearly and second party that he was not stealing any thing, and change his statement that he was taking photo of my house.
And So i want to know that
Is there any ground that I can take any legal action against these, and again i am getting threatens from these people. and i am not reach person that i can fight in high court or supreme court.
Kindly advice me what i do and how should i do, and what will be the result and duration of times
Thanking you
with kind Regards
Mahender
Sudhin2218
21 December 2010 at 10:02
I have a scenario, where defendant marked the unregistered General power of attorney, since its unregistered GPA, Judge impounded the document and forwarded the document to stamp duty collector (clerk who sits in civil court premises, not sure whether he is stamp duty collector or not)to decide stamp duty , the stamp duty collector is asking 1 lakh 15 thousand rupees.. as a penalty and stamp duty.. the reason he said to pay that much huge amount because GPA contains an affidavit , affidavit says defendant(GPA holder) paid 1 lakh 60 thousand Rupees to the person who gave the GPA in the year of 1994. But now since the defendant is poor and she do not have any job and she has very less source of income (2000RS per month), she(defendant) do not have that much amount (1 lakh 15 thousand)to pay immediately, please let me know, is there any provision (any supporting act or judgments) to request around 6 to 10 months time to pay the stamp duty, If so, please let me know, Thanks in advance.
Anonymous
21 December 2010 at 08:25
There has been social status enquiry with respective to the social status of two brothers of same familiy simultaneously through a common proceedings.the enquiry concluded in their favour. but The authority wanted to do enuiry afresh after lapse of 3 years after demice of key witnesses parents, key relatives, and elderly peoples who deposed before the enquiry authorities.the earlier enquiry report in thire favour also not disappoved. Meanwhile one of the brother approched the high court and brought a stay order against the fresh enquiry based on the aforesaid proceedings. After a laspe of another 3 year, the same autuorities issued a notice to the other brother on same proceedings stalled by the high court with a different bare notce no. Is such notice legally tennable? Is it not a comtempt of the court orders? kindly advice
Om Prakash Dhusia
21 December 2010 at 00:04
Dear friends,a flat was booked at Lucknow OMAXE builders and accordingly booking amount was paid through a/c payee cheque but due to some reasons best known to builders, no allotment order was received by us, subsequently we received another demand letter for payment of around Rs five lakhs towards instalment, but when my son went to deposit the amount through cheque, it was informed verbally by builder's representative that our booking has been cancelled.When it was requested by my son to issue us the cancellation order for further proceedings they have not been doing that.And since Lucknow office doesn't have any email address, several emails were sent at their New Delhi office but received no response.what remedies are left with and what action can be initiated without their cancellation order, because at later date they may say,Due to non payment of instalments your booking stands cancelled and booking amount forfeited.
rajvinder singh
20 December 2010 at 20:51
in execution of money decree,the j.d.has no property with him.he has been disqualified from inheriting the property by his father after the institution of suit.now D.H. has filed execution .what should be done .......what objection be taken now at this stage by j.d.
allurisivajiraju
20 December 2010 at 20:30
Respected Seniors,
One Mother and her Son borrowed some amount from one Mr.'X' and executed a promissory note in favour of Mr. 'X'. the said promissory note was scribed by her son who is practising advocate. In the said promissory note it was not mentioned the name and discription of her mother in the body of the said promissory Note. But both are signed on the affixing one rupee revenue stamp.
What is the fate of the said promissory note.
Thanking you in advance.
Sunlawseeker
20 December 2010 at 20:12
Dear Advocates !
My friend got a POA for the purchase of an house from a joint family whereof "Kartha" was died intestate.
Now, He wants to make sale deed on his son's name.
He got Power from District Registrar office.
But,the competent Sub-Registrar Denies the transaction by asking Death certificate, legal heir certificate etc., of the intestate deceased person, on whose name the property was lying, to register the sale deed.
Whether The Sub-Registrar has power to ask so? if not, pls let me know the provision.
Thanking you
Regards,
V.Sundaresan
Anonymous
20 December 2010 at 18:06
IN GUJARAT STATE IS THERE ANY LEGAL RULES IF SELLER HAS TAKEN MORE THAN 10% AS TOKEN MONEY FOR SELLING OF ASSETS ON BANAKHAT BASIS AND PURCHASER CANNOT MAKE REST PAYMENT OF SALES VALUE IN THIS SITUATION HE CANNOT FORFIET THE BANAKHAT. BECAUSE HE HAS TAKEN MORETHAN 10% AS TOKEN OF TOTAL SALES VALUE PLEASE GUIDE ME
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maintenance charge
Is there is any provision to charge and collect the maintenance charge by the promoter or builder where no completion certificate will get from the loacal body / authority i.e. corporation or minucipality such as kolkata corporation, kolkata / bally municipality, howrah
Also let me know is there is any interest may charge on the maintenance charge on the defaulter who are fail to clear the maintenance charge.
Thanks