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Anonymous   19 May 2010 at 09:51

Attestation/Adjudication of GPA executed by NRI sent to Indi

An NRI residing abroad, executes a GPA for the purchase of property in India. The GPA is notarised and stamped by Indian Embassy in that country.
Does this GPA needs to be adjudicated or attested/stamped by the jurisdictional sub-registrar/District Registrar in the state of Karnataka to validate it?
If it is not stamped or attested by the Sub-Registrar/District Registrar, in Karnataka, is the GPA VALID OR NOT?
What is the status of all the transactions conducted on the basis of such GPA,which had not been stamped/attested/adjudicated by the Sub-Registrar/District Registrar in matters of purchasing a property in the State Of karnataka?

Member (Account Deleted)   19 May 2010 at 02:53

Victim of Series of 2 false cases IPC 498a 3&4 DP IPC 353

for queries e-mail me at osiplhy@reddifmail.com

MAHESH JOTIBA KOCHERI   19 May 2010 at 01:08

service tax and VAT

Dear Sir,
Does an under construction or new completed flat attract Service TAX and VAT. I have done my agreement in June 2009. If applicable what is the rate.

tania   18 May 2010 at 23:45

dangerous pet dog nuisance

dear sir/mam, we have a neighbour who has a black labrador who is very dangerous.he has bitten once a poor milk delivery man.we have asked the owner to put belt.they only come for arguing but it is now become very nuisance as inspite of 4-5 times it has created trouble for us as it comes without belt it runs after us to bite us.every one in the colony is afraid of it.please guide me as to where to lodge a complaint so that they will do the needful as i cannot risk my family and my pet puppys life for this dangerous dog.if they cannot manage they have no right to keep such dangerous dogs.

Anonymous   18 May 2010 at 23:16

domestic violence case...plz help

hi ...i want to share one of my personal experience....my sister got married last year in mumbai (with sufficient dowry) and now she is facing problems like dowry and violence....she had attempted sucide once...we have once approached police also but they settled the case but its again the same story....we have following charges against them:
(1) father in law has a bad eye and boy ahs admitted that.
(2) they are abusing about dowry like asking for more indirectly.
(3) bad words and getting physical every now and then.
now its tooo much and i cant leave my sister to die there(as she is also wanted to get divorced)...so kindly suggest me how to go about this case and what would be my strategy and tell me other loopholes of this case.... please guide me in this issue or give your details so that i can contact for consultancy.....please help

suguma   18 May 2010 at 23:03

SALE OF LAND THROUGH GPA

Sir I purchased residential plot in Bangalore in 1995. Token amount paid and agreement for sale signed by owners (3 persons) When final amount was to be paid it was paid i.e. sale deed signed by one Mr. Raghu power of attorney holder of all three persons who had signed the agreement for sale

. The power of attorney is not registered with any authority. I do not have original but a copy of the same since the land was huge and as many as 50 persons purchased some portion say 600sq ft 800sq ft. etc. The sale deed was registered and the encumberance certificate from 1995 on that particular residential plot till date i.e.20.2.2010 is showing I am the owner. Now I learn that in 2007 the original owners (all 3 jointly) have sold the same residential plot to Another person Ravi.

But I do not have any document. My friend want to buy my plot and we are shortly entering into sale agreeemnt. By giving a paper notice in the regional language and if no objection received whether my friend can safely purchase the said plot from me? If Ravi objects for sale what to do?
Expert : raj kumar makkad
Posted On
05 March 2010
You should file a suit for declaration against Ravi and previous owners to the effect that you are legally owner in possession of the mentioned plot and the defendants wants to dispossess you so it be declared that you are legally owner in possession and in the written statement, they shall bring their defence then challenge their Sale-deed


author : Anonymous
Posted On
18 May 2010
Since it takes years to get relief from court of law whether it is legal to enter into an agreement with my friend for 50% of the present market value on the condition that once court decision is in my favour balance 50% will be payable by him with int at 12% p.a. from date of sale deed till court order. What if court decision not in my favour? Whether we should include a clause that 50% already paid will not be refunded.

Dr C Suresh   18 May 2010 at 22:44

Important Hon Constitutional bench Supreme Court Judgment

Whereas the Hon Supreme Court in Union of India vs. Madras Bar Association (Civil Appeal 3067 of 2004) on 11-5-2010 has held:

Para 15 ( re: Independence of Judiciary) ..Its(judiciary) existence depends however not only on philosophical, ethical or moral aspects but also upon several mundane things- security in tenure, freedom from ordinary monetary worries, freedom from influences and pressures within (from others in the Judiciary) and without (from the Executive).

Para 20 (Recommendations for better working of Tribunals); Only if continued judicial independence is assured, Tribunals can discharge judicial functions. In order to make such independence a reality, it is fundamental that the members of the Tribunal shall be independent persons, not civil servants. They should resemble courts and not bureaucratic boards. Even the dependence of Tribunals on the sponsoring or parent department for infrastructural facilities or personnel may undermine the independence of Judiciary,

Para 35. ....If Tribunals are to be vested with Judicial power hitherto vested in or exercised by courts, such Tribunals should possess the independence, security and capacity associated with courts.

Para 40......Rule of Law has several facets, one of which is that disputes of citizens will be decided by judges who are independent of the Executive. Another facet of Rule of Law is equality before Law. The essence of equality is that it must be capable of being enforced and adjudicated by an independent judicial forum.

Para 44 (b).. Any Tribunal to which any existing jurisdiction of courts is transferred should also be a Judicial Tribunal......and the members of the Tribunal should have the independence and security of tenure associated with Judicial Tribunals.

Para 55 ......the provision for routine suspension pending enquiry and the lack of any kind of immunity, are aspects which require to be considered and remedied.

Para 56(xii) To maintain independence and security in service, sub-section (3) of section 10FJ and section 10FV should provide that suspension of the President/Chairman or member of a Tribunal can be only with the concurrence of the Chief Justice of India.

Para 56 (xiii) The administrative support for all Tribunals should be from the Ministry of Law & Justice. Neither the Tribunals nor its members shall seek or be provided with facilities from the respective sponsoring or parent Ministries or concerned department.

Anonymous   18 May 2010 at 22:44

Query about Patta on a property

We are buying a land in Medavakkam (TamilNadu, Chennai), in where, patta been issue only on the metrics (ares), the actual land extent is 1800 sq feet and it was mentioned the same in document too..

But in patta, it was given as 1.6 ares and when you convert the ares to square feet, it comes around 1722 sq feet instead of 1800 sq feet (1 ares = 1076 sq feet) when we enquired thasildhar office, they told that until Medavakkam comes under CMDA (Town Survey) it will be like this and they also told that they can't give patta like 1.67 in my case, they can give only like (1.4, 1.5......)

I am bit worried that when I go for construction, whether they will sanction building plan for only 1722 sq feet or entire 1800 sq feet.

Please advise.. Thanks

vinod bansal   18 May 2010 at 22:40

court fee

R/Members
I had filed a civil suit on behalf of tenant i.e. my client against landlord for permanent injuction restraining landlord not to dispossess me forcibly,lower court ordered status quo,thereafter landlord moved before district judge in appeal and stay was vacated in first appeal,i filed RSA before highcourt but during the pendency(as case was filed but was at initial stage and there no order was passed by highcourt) landlord forcibly dispossed me,my RSA was dismissed as it became infructuos,i filed amendment application which was allowed by the court,in this amendment application i prayer for possession of the disputed premises in view of subsequent event and forcibly dispossesion,now landlord has filed an application for rejection of plaint on the ground that now suit is amended and prayer is for possession thus plaintiff (tenant)have to paid court fee on the market value of disputed property i.e. more than one crore Rs...Kindly enlighten me on this issue,my client is not in position to pay Rs. 2,50000/- as court fee,kindly help as arguments is fixed for 23-05-10.Thanx

isha   18 May 2010 at 21:58

legality of second cousins gettin married each other?

i love my father's mother's brother's daughter's son.. I wanna marry him. Is our marriage legally valid? Wat are the punishments we get if our parents files case against us..how to save us from them..