Aksh
27 April 2016 at 14:43
Hello Experts,
Brief of the subject matter is as follows...
I had bought a property being land, building and machinery in a public auction conducted by GSFC(Gujarat State Financial Corp.) in 2010 which was duly submitted for registration with the concerned registrar in 2012. The sale deed document was impounded by the registrar and sent to the deputy collector (DC) u/s 32(A) and 33 of Gujarat Stamp Act for valuation of stamp duty payable. Despite submitting various judgments by high courts and even supreme courts clearly stating that no such deficit amount is payable in the given matter, Deputy Collector passed an order asking to pay deficit stamp duty u/s 32(A) and 33. This order was challenged in appeal u/s 53(1) with Chief Controlling Revenue Authority (CCRA), Gandhinagar, Gujarat. He revised DC's order cancelling stamp duty payable u/s 33 but still kept 32(A) which is not at all payable and I've 4-5 judgements by honourable Gujarat High Court in support of my claim. As recently as in April-16, honoruable Guj. High Court has quashed and set aside CCRA's order in similar matter.
The stand taken by the revenue authority in such matters, which is well settled through earlier judgments by various honourable high courts and specifically by honourable gujarat high court, really baffles me and is beyond my understanding.
Now, I want to challenge CCRA's order in Gujarat High Court, if feasible, through party in person. I want to pray for following...
1. To set aside CCRA's order
2. To declare sale deed as sufficiently stamped and refund 25% of the deficit stamp duty asked in DC's order and paid towards filing an appeal with CCRA u/s 53(1) with 15% interest
3. To compensate for the loss of business at 15% interest on the amount invested in the property.
4. To penalize the concerned authority/officers of the stamp valuation department for gross negligence, arbitrariness and misuse of power causing unwarranted delay and thereby loss of business.
I'm looking forward for your guidance regarding filing procedure and format of petition/appeal/suit etc. as relevant in the given matter in honourable Gujarat High Court.
I'll appreciate your valuable advice/guidance on the same.
Thank You.
Aksh
Gopal Krishnan
27 April 2016 at 05:25
My landlord filed suit for eviction in 2000 which was dismissed by small causes court in April 2014. Land filed appeal. I being senior citizen aged 78 years and terminally ill and invalid. made application to expedite appeal, which was allowed by the court 15 months back inspite of objection by appellant. Appellant is not interested to prosecute the appeal and he and his advocate continuously remain absent when mattter is listed without giving any reason, but I remain present every time with extreme hardship and incurring heavy expenses. On my pointing out the conduct of appellant, court fixed date to pass dismissal order but when the matter was called out and in spite of absence of appellant and his advocate and my plea, the court again adjourned the appeal for 45 days for passing dismissal order without giving any reason though there was no other expedited or part heard matter pending and the court was not having any urgent matter. I protested but in vain. I am fed up. Matter was listed 23 times during last one year,I attended
every time but appellant did not attend a single time though his advocate appeared on 6 occasions to seek adjournment. My advocate does not press for passing order and says this is how courts function ! What am I to do ? Shall I complain to the Chief Justice of Bombay High Court and the Supreme Cout ? I do not want to file writ in High Court and incur further expenses and invite physical and mental torture at the fag end of my life. Kindly advise. Gopal Krishnan
Anonymous
26 April 2016 at 20:43
1.While filing affidavit of evidence whether original documents are required to be annexed with affidavit in consumer court.
2. when it is said "I say that" in the beginning then in the next statement "Complainant" states that should be mentioned or he or she states should be mentioned.
3. Whether all denials of the Opposite Party in the written statement should again be contested in the affidavit if those points are already covered in the first part.
Brigu Kumar
26 April 2016 at 18:40
I want to know what is the time limit for filing Appeal against a Probate Granted Order in Mumbai High Court?
In our case, probate was granted on 5th April, 2016 and at bottom of order, states four weeks stay granted. But I am confused as some Advocate say - it is four weeks from receipt of Certified Copy of Order, some say - four weeks from date of Order. I am confused. Can someone please clarify?
francis
26 April 2016 at 09:58
hi, my name is francis and i am residing at hadapsar in pune city in the state of maharashtra, in 1990 my mother who is no more living, gave my cousin money to book a flat 2,50,000 and 1,00,000 for personal use, total amount given in cash 3,50,000 ( three lakhs fifty thousand only ) where an notary in 1991 nov was done. my mom, cousin and two witness signature are present on that, out of which my mom and one witness of my cousin has expired, witness name and address was not mentioned on the natary paper.my cousin booked the flat on his name in 1990 where he has receipt of paying the amount for the flat, tax and light bill is on his name. he didnt make any ration card on the said flat, since from 1992 when he got position of the flat. this flat is of mhada scheeme. i was 14yrs minor at that given time, and my cousin was 34yrs at that time.
in 2002 my cousin left for good along with his family he got migrated to Newzealand,since from 2002 i am staying with my family, i have a ration card, election card,adhar card,telephone bill and a pan card on this same address.
just after mother expired december-4-2010 after that 2011 my cousin field a case to vacant the flat in small clause court shivaji nagar against me and my wife, where my laywer didnt attend, so xparty and decree order was given against me, i filed for delay condolence and appeal, it was approved and send back to lower court. case is still going on, my lawyer is not taking any inetative in the case at all, neither he guides us what to say what not to say, he only says that we are going to loose the case, the next day we will go for an appeal....he tells that notary has no value at all, but i told him this was 1991 that time it had value....
i am really confused and i dont know really what he is up to....
i tried to speak to my cousin to compromise but he is not ready to do so...
my lawyer is asking 5lakhs as fees, the property cost 16-18 lakhs in todays date....pls can you suggest me what can be done....can i change the lawyer when i go for an appeal.....you can mail me....
for how many years can this case go on...can i file a suit or case against my cousin... francis.santamaria76@gmail.com
note: in that notary it has mentioned about the flat to be transfered in my name...
Sunandhan
25 April 2016 at 21:08
Greetings to All!!
Query:-
(Mr A) holds a property jointly purchased along his two brothers(Mr B and Mr C) in 1975.
In year 1994 mr B expired who was just a sleeping owner with no possession and to title in the premises except his name in the sale deed.
Since In 1994 Mr.B expired and since mr. A was in the possession of the constructed factory in the premises,mr C also gave the power of attorney to mr A as he was also not involved in any affairs related to the titled land.
however in year 2007 widow of mr B filed a suit against Mr A claiming the share in the land as legal heirs of the deceased (Mr B).
Please confirm is his suit admissible?as the land was jointly held (jointly tenancy) How strong is the case of Mr A.
regards
Sunandhan
Girindra k verma
25 April 2016 at 17:24
Sir / Madam
I'm posted at Kendriya vidyalaya Katihar ( BIHAR ) as PGT ( CHEMISTRY ). I have submitted my wife's medical bill given by CMC VELLORE where she was under treatment as reffered by bonafide AMA.As I was going outside of state for her treatment so I have taken permission from Director in Chief, Government of Bihar health services for the same.CMC VELLORE is approved by government of India as per CS ( MA ) rule.But it is pending since six months as DDO stated that the permission of head of the department was also needed for the same. Sir I submitted my application in the office of DDO & higher authority several times for the payment of medical claim but of no use.As per rule no need for the permission from the departmental head if permission is already taken from the director of health of the state. Now what have I do? Please suggest me.
Ria
25 April 2016 at 13:24
Respected Expert,
I'm the owner of a flat in a residential apartment which is still under builders administration, there is NO owners association or byelaws.
Now one of the resident has started a preschool within the society by renting another flat.
This preschool is a nuisance as continuously whole day there is noise from the kids in the school and lots of strangers enter the apartment premises which is difficult to monitor from security perspective.
Other members do not object as the building is 99% occupied by tenants most owners are NRIs
Please advice as to what legal action can be taken in this regard.
venkateswaransrinivasan
25 April 2016 at 05:38
My family has lands in Pandur, Mayiladuthurai, Nagappattinam, Tamilnadu. They belong to my mother
1. How to know if there are any claims of Tenancy by a farmer for this land ?
We, from our side as owners of the land, never ever gave anybody any tenant agreement to cultivate this land on our behalf. We do know however that this land is being regularly cultivated and the profits or the gains from the produce is not being shared with us anymore.
We have not received any rent for this land for nearly two decades. Earlier we used to receive some money every year. The elders of our family were ailing from health issues and the youngsters were devoted or involved in their other affairs such as education or job. Due to these reasons, we have not been able to investigate these matters for some years.
2. In case there is a claim for tenancy, by such and such fraudulent person, what are the normal procedures to be undertaken to evict this person for non-payment of rent ?
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Housing society
Dear Members,
Kindly advice how to file complaint and how to do followups for the same with deputy registrar of cooperative societies Thane taluka for misuse of power and funds by committee members of housing society.