Anonymous
02 January 2019 at 22:32
Hi there,
We are very old tenants more than 55 years. The rented house is on my father's name. my father purchased land long time back and it has developed and builder gave us one flat against it. We have not yet registered the new flat.we have memories with the old house (rented) and don't want to vacate it. We now stay in a rented apartment.
If we register the new flats on my father's name will we have to vacate the old house?
Vasanthraj
02 January 2019 at 20:07
Hello Lawyers,
Just a background information for the query: I bought an unapproved (Panchayat approved land) plot from a newly formed layout in 2014 in chennai, tamilnadu. Subsequently, I got the DTCP approval and got patta in my name with survey number subdivided, specific to my property. All was well until I tried to sell my property. I noticed that the plot boundary on the east and west side in the sale deed in interchanged (under schedule of the property section of deed).
As per sale deed the road is on the EAST side of plot and west side there is another plot in the layout,
where as ACTUALLY as per the layout plan (which is part of the sale deed), the road is on the WEST side of the plot.
Rest of all the details are accurate including the plot dimensions, other details etc. The typist has inadvertantly interchanged east boundary with west boundary and I failed to notice it for past four years.
Now my situation is:
1. The original layout promoter who was holding the POA for the layout and who signed my sale deed is not traceable, and his POA was also cancelled subsequently two years back by land owners ( I found it via EC for remaining unsold plots in the layout).
2. The remaining un sold plots are now in one of the owners name as POA. However, they are saying they cannot do anything as the sale deed was executed by the promoter and not by them. Also if insisted they are saying they can sign rectification deed for a hefty fee if I agree. But I dont think that will be valid in the absence of original signer of my sale deed.
My question is:
1. Can I sign a declaration in Rs 100 stamp paper stating the correct info and get it registered with my signature alone, as the previous POA signer is not traceable?
2. OR, Can I sell the land as it is and then, as a previous owner, I can sign a rectification deed for my buyer?
3. OR, Register a gift deed to my wife with correct details, and then sell the land with gift deed as parent document?
If rectification deed is the only way, how much stamp duty should be paid and how to register it in the absence of previous POA seller?
Please suggest the best and cost effective way forward, considering tamilnadu registration act formalities.
Regards,
Vasanthraj
RAJEEV KUMAR
02 January 2019 at 17:42
Sir
I Rajeev Kumar have done my B.tech from a private college.My admission had done on basis of scst scholarship(if scholarship sanctioned then I won't have to pay fee otherwise I have to pay). But my scholarship sanctioned less than college fee.So now college is demanding total fee which not fair according to college promises (I have proof of all documents on which college has promised). So I'm requesting to you please guide me what should I do.
Your believer
Rajeev Kumar
Anonymous
02 January 2019 at 13:30
I need to submit anti drug/alcohol certificate in my college. I need help.
Gaurav Dattani
02 January 2019 at 13:22
I leave as a leave and license holder in a co. Op ho. Society for 5 years. there is open parking. Society has enough space for parking. But recently the chairman said nowin tenants can't park their cars in the society but an owner can park more than one car. So my question is there is any rule for leave and license holder to fight against that rule created by the society?
Arati Gawde
02 January 2019 at 13:22
This is related Divorce petition filed by my friend’s Husband.
Brief of case:-
1. Allegation on wife is Mental cruelty (which all are baseless and very funny ).
2. No child from such marriage.
3. They both are living separately more than 3-4 years.
4. Wife is willing to stay together but husband not.
5. Wife is working women.
Queries are :-
1. If husband not ready to stay together then what remedy will available to wife?
2. Is Wife can refer Kalyan Dey Chowdhury vs Rita Dey Chowdhury Nee Nandy on 19 April, 2017 – Judgment i.e 25% of Husband’s Net Salary just & Proper to be awarded as Maintenance.
3. Is wife get Permanent Alimony from her husband?
Thanks in advance..............
Password@12
02 January 2019 at 13:21
Hi just wanted to know i have been imposed crpc 107/116 by the police and now i have been selected in government bank how will it impact???
Mehta
02 January 2019 at 11:04
Deed of Cancellation of UNREGISTERED Original Instrument of Transfer executed by both the original executors with mutual consent requires registration or not ? Please advise.
Pradeep Bhuin
02 January 2019 at 10:09
Dear Sir/ Madam,
I have following query regarding Gift Deed and Transfer of Shares in CHS flat in Kolkata, West Bengal.
Please consider the below information:
1. My father (a Retired Central Govt. employee) is a member of a Cooperative Housing Society flat in Kolkata, West Bengal.
2. The society is registered, the physical possession is taken.
3. However, the Completion Certificate of the entire building is still not received and hence the INDIVIDUAL FLATS HAVE NOT BEEN REGISTERED ON THEIR OWNER's NAMES. We are currently waiting for the Completion Certificate.
4. SHARE CERTIFICATE is on my fathers name.
5. He has put my name as the Nominee in Society Registers.
Additional Information:
6. Funding of the said property (our flat) was done by me and hence it was agreed that while doing the registration of the property, it will be done on my name directly.
7. It was not possible to admit my name directly as a member in 2010, since the society at the time did not accept me as a member citing my then NRI status as a reason.
Queries:
1. Since my father is quite old now, and also as it was agreed from the beginning that the property will be registered directly on my name (when the property will be completed and Completion Certificate will be received) - Is it possible to register the property directly on my name without transferring the Share Certificate on my name? In other words, is it mandatory to transfer share certificate before the registration of the property or can it be done afterwards also?
2. Gift Deed - Can my father gift the property to me by the means of a Gift Deed BEFORE THE REGISTRATION OF THE PROPERTY?
If yes, then
2a) Is it mandatory to Transfer the Shares on my name before making Gift Deed, or the two are unrelated?
2b) Do we need society permission/ approval before making such Gift Deed?
2c) What are the documents required to make such Gift Deed?
3. Is there any Act/ rule which can Bar/ Stop me from being a member just because I am a NRI? Can the Society/ Registrar reject my application because I am NRI.
Any help/ expert advise will be highly appreciated.
Regards,
Pradeep
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How to convert 'suspension of work' notice to retrenchment
Respected sirs/madams,
I am a business owner who has currently issued a 'suspension of work' notice to one of my retail units on the grounds of inappropriate behaviour as well as losses incurred during operation. This establishment has been in this state since April 2018 and have provided VRS to around 8 of the 15 employees involved. Now the remainder 7 employees have moved court terming this 'suspension of work' as unlawful. I wish to proceed with retrenchment and close down the establishment without further ado. Kindly guide me on how to go about this procedure so as to incur minimum cost and time.
In anticipation for valuable advice.
Regards,
Sourav Hajra