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Babu   18 May 2017 at 20:18

Sale agreement stamp duty 47(a)

Hello experts,

On January 2005 I agreed to purchase a property for Rs.1,85,01,000 (Rupees One crore eighty five lakhs one thousand), This amount is entered in the sale agreement dated January 2005 which is about twice the government valuation in 2005.

The Seller terminated the contract prematurely.

A suit for specific performance was filed on April 2005 after paying 7.5% of the total consideration as stamp duty, which amounted to Rs.13,87,575 under section 47(A) of the Tamil Nadu Court Fees Act.

The case was decreed for specific performance. The suit was contested all the way to the Supreme Court.

EP was filed and the District court ordered registration of property on April 2017.

On April 2017 the Sub-registrar instructed me to pay 7% stamp duty and 1% registration charge. I paid it and registered it.

After a month of me trying to get the document released, the Sub-registrar sent me a notice stating the registered instrument is deficient in stamp duty as per present valuation, i.e year 2017 valuation.

I submitted my pleadings explaining that the stamp duty has already been paid and that it is also reflected in the decree mentioning “a court fee of Rs. 13,87,575.50 paise (7.5%) is paid there on Under section 47(A) of Tamil Nadu Court Fees Act.”.

In even mentioned that I have paid extra stamp duty of 7%. He refuses to accept it and is demanding full payment as per current valuation. He shows me his valuation on a piece of paper scribbled with pencil.

I am yet to notify the EP court.

What should I do?

SUKRIT KUMAR   18 May 2017 at 18:14

Board resolution

We are Agra based company. We had filed a Civil suite for recovery of dues from a Delhi based Company. The defendant filed the Written Statement without authorisation from the Board of Director's resolution. Our lawyer did not file the objection nor did the learned judge in the High Court noticed it. Even at the time of Cross examination, their employee did not produce the Board Resolution inspite of asking my junior lawyer. I believe that their lawyer/s don't have the authorisation. My new lawyer has filed a request for additional issues in this regard. Case is in arguments stage. Can we raise these issues at this stage.Guidance & advice from all of you will
will help us a lot.

Thanks & Best Regards

Sukrit

Anonymous   18 May 2017 at 10:47

How to change muslim name to hindu name?

Hello.

I am married to a muslim woman from last 1.5 years. We are living happily and our families had also agreed to our marriage.

But the problem is we live as a nuclear family in a city but belong to a village in other state.

My father has just retired from the army and we will be shifting to our village soon.

The Problem is that I don't want my relatives and friends in village to know that my wife is a muslim. If they get to know this there will be big trouble in the village or even a threat to our life.

To make sure that this doesn't happen I want to change my wife's muslim name to a hindu name. I just want to change her name and not her religion.

I want to know how I can do it, is it possible to change her name to a hindu name without changing religion? And if this is possible what is the procedure to do it and how much it will cost.

I would be really obliged and grateful to receive a reply.

Ramachandra   17 May 2017 at 21:53

Promissory note limitations

Promissory note date 20/09/2007 filed recovery suit on 20/09/2010 .
19/09/2010 is Sunday
Is the suit comes under limitation

Naveen Kanth Dasari   17 May 2017 at 17:01

Death declaration suit.

Hello Experts,
Plz need your advise on Death Declaration Suit.
Facts of the Case:
A woman committed suicide in the year 1997 by setting her self ablaze and in that course of suicide her husband tried to save her but unfortunately the whole house caught fire and even the husband died while undergoing treatment in the hospital leaving behind 2 children (boy 10yrs & girl 7yrs). An FIR was registered and the police filed a report that as suicide and closed the case. And the children were at a very tender age they did not have knowledge abt the formalities such as applying for Death Certificate of mother, and as father was a govt servant no one had guided them to apply for their fathers pension or any other emoluments or benefits of their father. However on a later stage one of their relative helped the children to get the Death Certificate of their father and at present when the children applied for their fathers Provident fund the authority of PF has asked to submit the Death Certificate of their mother as she is the nominee, whereas they do not have the Death Certificate of the mother as they did not apply at the time of the Death of the mother and at present the Registrar of Births & Deaths has also refrained to issue the Certificate as there is lapse of 20yrs and advised the children of the deceased to approach the Court.
Now my query is:
1. Will the Court issue Death Declaration after a lapse of so many years?
2. If yes what will be the duration?
3. What is the procedure and under which section of law a Death Declaration suit is filed in the court?
4. What Documents to filed in the court, as at present the children of the deceased have the Police Report and Cremation Certificate?
Plz suggest.

Thank You.

suhana Hussain   17 May 2017 at 16:28

regarding legal heir of my unmarried uncle

My uncle who was unmarried died few days back.Now there is two surviving brothers both married have one daughter each.The son of eldest bother is also there married and have a son.Is their any chance of getting the legal heir in the name of the eldest brother's son??The deceased have not left any will also.but his wish was to give his property to the son of his elder brother.

Rafath sultana   17 May 2017 at 15:48

Shriram chit fund pvt ltd company asking me to pay apart fro

Sir i made the entire decreetral amount in instalments 546000 again thy are me to pay more 3lakhs in one stroke

Rafath sultana   17 May 2017 at 04:02

Chitfund company asking to intrest amount

Sir my self rafath sultana pls slove my problem with your valueable suggestion as i dont no much in legal thread pls consider my case is with shriram chitfund pvt ltd company ordered passed with intrest 18 decretal amount 546000 to be paid i went to high count for instalment and high judgement is monthly 15k to be paid till the enitre decreetal it means what till date i already paid 635000 again there are asing me to in one sum 3lakhs of rupees to fulfull the order it means high court give the judement one sided. the chit company asking to pay in one stroke thn only amount will be clear otherwise it will on years to years
Pls tell me the conclusion to whom i apporach what i need to do.I m totally exuashted kindly help me with your knowledge .pls
Thanking you
Rafath sultana

V.Venkateswararao   17 May 2017 at 03:50

In case of sickness of advocate on record

In case of sickness of advocate on record during trial can another advocate be engaged by the plaintiffs to ensure that the trial is continued uninterrupted and valuable time of the court is not wasted.Please advise the remedies available to the plaintiffs.

ASHWANI GAGNEJA   16 May 2017 at 18:02

Written statement

In a civil suit regarding dispute of land in Moradabad, the Defendant has not filed any written statement for the last more than 5 years. For which he has got permission from the learned court to file it now, which should have been permitted as maximum time to file is 90 days. On that ground, if we protest and the judge refuses to take on record. What are the implications for want of WS. If decree is decided against him, can he go for revision.