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Queries Participated

Balaji Bakthavathsal   25 August 2014 at 22:17

Specific performance relief

Dear Learned Advocates,
Here is a confusion over the Specific Performance Relief and I request you to share your views.

A fraudster executed Power of Attorney on our ancestral house which is in our possession and occupation till date. The fraudulent power agent made a Sale Agreement and registered the same with the Registration Department. In the meanwhile, the executor of the GPA cancelled the GPA. Knowing the cancellation of the GPA, the power agent, with the help of a notorious lawyer filed a suit in the District Court under the Specific Performance Relief, the suit being filed by the buyers saying that the seller (Power Agent) is not coming forward to register the Sale Deed though they are ready to pay the balance amount.
Very cleverly, on the very first day of hearing, they submit a petition to the court saying that they have reached a compromise and wish to transfer the case to Lok Adalat. The district court too permitted and in the Lok Adalat they got an award and showing the award to the local registration office, they registered the Sale Deed.
I filed a suit in the Honourable High Court of Madras seeking to quash the Lok Adalat.
I was told that A stranger to an agreement of sale cannot challenge the Specific Performance Relief but the Supreme Court in one of its order has overruled it.

Can anyone throw more light on it ?

Thanks & Regards
Balaji

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chethan   25 August 2014 at 16:25

Podi

Dear Sir

How to apply the podi and where is apply , how much days taken to pode process ,and how much expencess.


Thanks & Regards

Chethan . M

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Nilesh   06 August 2014 at 00:15

Buying agricultural land in maharashtra

Sir,

I am an NRI and interested in buying agricultural land in Maharashtra. However as per rules a non farmer cannot buy a agricultural land. I don't have any agricultural lands in father's or mother's name. My wife fathers has some agricultural land and his name is present on 7/12 extract along with his brothers name.
My wife's name is not on 7/12 extract.

My queries are as belows.

1. Can I buy agricultural land legally on my wife's name?

2. If so , Can she gift the agricultural land to me once i return to India?

3. If so , Can I buy second agricultural land if my wife's name has appeared on 7/12 extract of first purchase?

4. Any other legal ways of doing it?

5. My sister is married and she has farm land her name on 7/12 extract, will it be any use for me to buy agricultural land? Her name is added post marriage.


Looking for a detailed point wise clarifications and solution


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Lalit   05 August 2014 at 23:09

Change in name

Respected Sir / Madam,

I am a Hindu Guy who has married to a catholic girl in december 2011 but we have not made marriage certificate till date and now my wife is due for delivery in the next month. Below mentioned is query -

1. Since I dont have a marriage certificate would like to know an alternate way to get my wife's middle name and surname changed before delivery (within a month). The reason for me to do this is because I will be registering my wife's new name in the hospital for delivery so that her new name appears on the clild's birth certificate and because of this my wife will have to provide documents to change her name in office records and bank account to avail company medical maternity claim.

Kindly let me know the procedure to change my wife's name without applying for marriage certificate as she has been advised complete best rest.

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saira   03 August 2014 at 18:02

Mutation in original agreement after death of husband.

we have a shop which is in the name of my husband &his brother. my husband died & now i want to add my name in his place as the legal heir.He still has two brothers & two sisters.His parents died long back.
my question is how do I go about it?
can mutation be made in the original agreement? if yes, how? pl. let me know the proceedure.
secondly , does the widow have to pay stamp-duty for this? If so , how much?

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prakash   28 July 2014 at 09:17

Reservation in non agricultural land in t.p.

Sir,
I have a piece of land admeasuring about 1.5 acre,which is already converted in to non agricultural for residencial purpose about 18 months ago.THE LAND IS SITUATED IN GUJARAT STATE.
Recently the municipal authority published
the t.p.(town planning) map,in wich they have
reserved my land for community centre.
In the n.a.order passed by the collector it is mentioned that the work of construction should be start within six month of the order.
Due to some financial problems and market conditons the work did not start on time as per the order.
My question is if the municipal authority can resrve the non agricultural land and now what type of remedy i have because they
have asked for any suggestions i have.
please advice.Thanks.......

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Pran   08 July 2014 at 14:50

Mutation of agricultural land without chain deeds...

Respected Sir/Madam,

Please help in the following matter…
My grandmother gifted me some agricultural land in 2010 via a registered gift deed. Till date I was busy in completing my education. In the meantime, my grandmother died on 26/09/2013 and at present I am trying to get the agricultural land mutated in my name.

My grandmother purchased the plot via a registered sale deed dated 1959. I did the searching for that plot and found that my grandmother’s name is not recorded in there. At present I have only two deeds, one of my grandmothers’ (where my grandmother is the purchaser) and the second one is mine (where I am the receiver). I do not have the other chain deeds.

After consulting with several other senior relatives of mine (who are similar to the age of my grandmother and were present at that time), I came to know that my grandmother did not take the original deed from the previous owner and hence the son’s of that previous owner mutated the agricultural land in their respective names with the help of their father’s deed.

After the purchase, my grandmother (through her workers) was cultivating that particular land till date and at present I am in control of that agricultural land.

Hence, please advise me that being in control of the land how to get my name mutated/recorded.

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VISHAL   07 June 2014 at 13:47

Saat bara names

how childrens name gets added into saatbara? do childrens name get added by government after death of father or children need to add it?

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Adv.Vishal Anil Vyavahare   30 March 2014 at 11:00

Suit for specific performance/declaration

Hi Sir,
My clients father has made an agreement for sale in 1974 of agricultural land which needs permission of collector under prevention of fragmentation and consolidation Act of Maharashtra. And since 1974 possession of that land is with my client and also paid the full consideration amount.My client has approach him(seller) various times for sought the permission of the Collector and complete the Sale but he was avoided to did the same. He has passed away in dec.2013 after that names of his legal heirs has been entered in the 7/12 extract in Jan. 2014. But Crop Inspection is bearing my clients name as my client is cultivating the land since 1974.

So can i file a suit for specific performance to complete the sale deed by getting the permission of Collector?

Is there any issue regarding limitation as my clients were always ready and willing to complete the transaction as whole amount was paid at the time of agreement to sale? as it is responsibility of seller to sought the permission of Collector and complete the transaction.

If issue of limitation is arise, Can i file the Suit for Declaration for ownership by virtue of Adverse Possession. as my clients having uninterrupted possession from more than 12 years ( i.e. from 1974).

Please suggest with proper provisions and case Laws.

Thanks and regards,

Vishal A. Vyavahare

Advocate. Mob 09371821992.

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Waseem   28 January 2014 at 10:33

Cancellation of GPA and agreement to sell.

My father's brother had gifted through a registered gift deed, his total undivided share in a property to my father in august 2013. The property was in possession of my father since 1992. We recently came to know that he had made a notarized GPA to a builder for the same in June 2011. The builder has
GPA,
Agreement to sell,
Affidavit,
Receipt,
Possession letter,
Will,
All notarized and All signed by my uncle.
Now the builder is threatening us.
What should be our course of action?

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