Yeshwant
09 November 2015 at 13:01
Hi All,
Need one urgent help. How to identify whether an agriculture land in Uttar Pradesh state is an ancestral property or not?
Thanks in advance.
Yeshwant Gupta.
BHARTI KOTHARI
09 November 2015 at 11:06
Hello expert I am in trouble please guide me. There is settlement between we brothers I.e family settlement of our parents property do it is require to be stamped, and whether the stamp duty on market value or nominal. Secondly weather registration is compulsory. Secondary other brother also executed release deed of flat in housing society in my favour. Do it attract stamp duty and registration. Pls guide me.
ckanta
09 November 2015 at 00:10
My father has one property allotted by L& D Office delhi under his name.He died intestate leaving behind My mother and his 3 sons and 1 daughter and each legal heir inherited 1/5 share each in the suit property . 2 sons(me and youngest son) and daughter relinquished their 1/5 share in the favour of mother by virtue of relinquished deed in year 1991 registerd with sub reg. and mutation in L&D O records were carried out in the name of My mother (4/5 share ) and eldest son (1/5 share ) jointly undivided.
Thereafter (mother) gifted out her entire 4/5 share in the favour of me(son ) by way of gift deed in year 2000 registered with sub reg and mutation in the name of Me (4/5) and the eldest brother (1/5) has been carried out in land records of L&DO.
Actual Possession of the property:
Me (3/5) and youngest brother C(2/5) share and living jointly in the said property.
Eldest son filed the suit for possession and partition of his 1/5 share on the basis of ownership derived from GD and mutation letter and claiming his 1/5 share from Me only.Suit is still pending.
Meanwhile Youngest son has made an application under order 10 rule 1 to make him as party and stating that he is residing in the property since 1973 and carry out the business in the said premises and having electricity meter and registration under sales tax with said address so he is claiming the ownership of the property by way of adverse possession and challenged gift deed and Rd in his defence.
Court framed additional issue in the case as under:
Whether Gift deed and RD has been executed and proved (OPD- ME (Def no 1) onus is on me(def no 1) and proceedings are pending.
However I has filed suit for vacation against My youngest brother in another district court on the basis of ownership derived from Gift deed and claimed him as a licencee in the property and terminating his licence by giving him notice in year 2012 and litigation is pending.
Youngest brother has again taken the same defence which he has taken in the suit filed by our eldest brother vs me & him that he is residing in the property since 1973 and claimed adversion possession of 2/5 share and also challenged Relinquished deed and Gift deed and said no such document has been executed.
Court has framed the below issue:
Whether Youngest bro(Def) has become owner in the abovesaid property by way of adverse posseesion as he is residing in the property since 1973.(OPD)
Now as in the first case I(def no 1 in first case ) was crossexamined By consel of def no 2 and I have also produced witness to the regd doc. i.e GD and RD and they were crossexamined by def no 2.
Now in suit filed by me against my brother where I am plaintiff I am again required to be cross examined and need to produce all the witness in my favour.
So my ques is whether I would be crossexmined again in separate suit for same nature of controversy or we can consolidate both the cases and cross examination done in first suit will serve the purpose . Shall I tell the court that I have already been cross examined and consolidate bothe the cases for common trial
shrikant shelke
08 November 2015 at 20:59
Respected Sir,
My society by name shri gajanan co-op housing society is formed in the year 1978 under maharashtra co-op society act 1960 & registered as tenant ownership society. My query is that while transferring the plots in the said society, the concerned local authorities viz nazul/revenue department asked for registered document of transfer.
Sir whether it is necessary to register such type of transfer under indian registration act 1908 if yes then there is exemption in stamp duty. That as per my information it is not necessary but they insist me. More particularly i am the founder member of the said society & due to lack of knowledge i couldn't mutated the same as earlier.
So please guide me on above issue under law & specify government resolution if any.
Regads
S.P. Shelke
Shegaon (Maharashtra)
Member (Account Deleted)
08 November 2015 at 17:26
Dear Experts,
I shifted to a paying guest accommodation in Noida last month (i.e. October 1, 2015). I paid 13,000 as monthly rent and 13,000 as security amount (to be refunded at the time of vacating). There was no rent agreement shared with me though. After shifting, I was not delivered the services I was promised (daily room cleaning, access to kitchen, and basic security). So, I notified the owner on October 15 that I will vacate the place by November 15. November 1 he came to me and asked me to transfer the rent for 15 days in November and promised that he will refund the security when I vacate. November 4 he said he had found some new tenants and told me to vacate the place by Nov 6 and said he will refund the security and the rent that I had overpaid. I vacated November 7 early morning - but he refused to give me the money back. As proofs, I have his call recording (I have a call recorder in my mobile in general) from November 6 night - where he admitted he will refund me the money back. I made all transfers online too. He is now bluntly refusing to give me any money back. Can I take any action against him - it is a clear case of cheating.
aananth
08 November 2015 at 10:37
Dear Expert
Any dispute in Foreign Direct Investment (Bilateral Investment Treaties), in Construction “Development: Townships, Housing, Built-up Infrastructure Sector/Activity, industrial parks and railway infrastructure, any dispute arises between investor – State, which dispute resolution mechanism will apply? Which Forum the investor has to approach in India?
Which Act and Rules to apply?
Thanks in advance
Anonymous
08 November 2015 at 06:25
Sir,
1) A total Approximately 80 shops are give on rent basis from municipal corporation as per Agreement of 11 Moths
2) After 11 Months Not Renewel Agreements of All Shopkeepers.but paid anual rent regularly also possessions are approximately 15 to 30 years , municipal council also sanction transfer some a shop purchaser from original tenant after agreement renewal is not donea
3) In 80 shopkeepers 43 are Permanent Structure & Others are Tin Sheds
4) Now Municipal corporation is receive caveat from CJSD for as per development plan to develop a road at least 60ft so shopkeepers total shops are remove as above reason development a road
5) Also Came a Notice of All Shop Keepers from Commissioner Municipal corporation as per bombay provincial municipal corporations act, 1949 Section 81B Subsection 1 (b) (C) & Section 81 (2) for your Possession is illegal & Use illegally So Why Not remove Shops for a Public Purpose Develop a Road Call On Explanation of Writing & Also Hearing on Commissioner Muncipal Corporation
6) As Above Condition what Can to do? Can I File A Case ? Which Court (CjSD or Hiogh Court) ? Can Get A Stay on above Municipal corporation process? Which Court (High Court or Civil Court) ? Can Rehabilitation of All Shopkeepers in Suitable place Any Provision ? can i file case against municipal corporation for Rehabilitation of All Shopkeepers in Suitable place this purpose ? Plz Give Detail Acts Provisions & Also High Court & Subprime Court Sytations
Member (Account Deleted)
07 November 2015 at 15:41
If the respondent does not make payment as ordered in stipulated time can I file EA in consumer forum under section 27 for arrest of the person. Does court mandatory punish on next date of service of warrants if the party does not pay by that date? or another chain of stay orders and appeal will start?
SABIR AHMED
07 November 2015 at 03:02
Dear Expert,
One of my tenants ( had tenancy agreement on non judicial stamp paper ) passed away 7 years back. He is survived by his wife and 2 sons. The sons are married and staying elsewhere with their families in the vicinity. Presently, the deceased tenant's wife and another person, who happens to be the deceased tenant's wife's brother's son and his wife is occupying the self contained rented premises. This man had been staying in the rented premises since before the original tenant passed away ( but not at the time the deceased tenant signed the tenancy agreement while renting the premises). At the time of the original tenant's death, this person was unmarried and got married 2 years ago.
The rent bill after the death of the original tenant is being issued in his wife' s name. No fresh tenancy agreement has been made as of date with the deceased's spouse.
Is this person, in question, legally entitled to dwell in the rented premises as per the West Bengal Premises Tenancy Act ?
Regards,
Sabir
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Fabricated will
Sir,one suit is filed basing on regd will,later respondent came to know that it was forged one.kindly suggest suitable citations to stop the proceedings which was pending for trail.I request you my friend is poor and innocent.please help me and my friend .waiting for valuable opinion from experts.
Thank you
Kiran and prashanth