Kumar Doab
10 April 2010 at 22:09
A was allotted a residential plot by State Urban Development Authority in 1986, by a letter of allotment. The Authority has set a time schedule to construct the house on this plot or pay Non Construction charges but A did not construct the house on this plot, and died. His wife B by a transfer letter got the plot was transferred in the name of B and her two sons, but till date B has not got the registry of the plot done in the name of allot tees from authority. The Authority has been extending the time limit for the construction, and as per the last letter the allottees were advised to complete the construction by 31st, Dec2009. For the registry the alotteess were to pay all the accumulated Non Construction Charges, then obtain NDC ( No Dues certificate) from Authority, and then only the Authority would have allowed the registry of the plot in the name of allottees.
After the registry the aloottes could have become the owner of the plot, and could either complete the construction by 31st, Dec2009, or could sell the plot after obtaining NOC from the authority.
As on date the Authority has not received any policy from their Head Office clarifying whether any further extension has to be given to the allottees for completing the construction, after 31st, Dec2009 or these plots are to be resumed, and therefore are not accepting any payment of Non Construction charges and hence are not issuing any NOC, NDC, and registry.
As per the locally available feedback the State Urban Development Authority, usually does not resume the plots and gives the extension.
B states she does not have enough money to pay the Non Construction Charges and for Obtaining NOC, and cost of registry, B wants the interested buyer to first give her some token money (Sain) and then enter into a purchase agreement with her (Biana), and pay her 20% (Rs.2 lac) of the agreed cost of Rs.10 Lac, after which she will get the registry in her name, and after the registry she will sell the plot.
Kindly advice on queries:
It is not known two sons of B are major or minor. What Legal formalities B has to complete to sell the plot.
Untill the Authority gets a clear policy to allow further extension or resume plot, should any buyer enter into Biana. What precautions Buyer should take. What should be the legal language of the Sain and Biana in this case? How much time for the registry and payment should be fixed?
The Biana should be written on ordinary paper or stamp paper. If it should be written on stamp paper, who should purchase it, buyer or seller or both jointly, and should this Biana be registered in the Suvidha Centre and how many witness from the side of seller and buyer should sign.
The interested buyer has seen the photocopy of the allotment letter, through the property dealer, in the name of B and her two sons, in which it is written that construction should be completed by 31st, Dec2009 , but it is not written that if not completed the plot shall be resumed, and it is not known to him the two sons are major or minor, and he is interested to buy this property, and is being advised by the dealer and others that right now B is need of money and cost of plot is Rs. 2 Lac less than market price, and he should enter into Sain and Biana so that he gets the first right to buy this property, as and when Authority gets a clear policy to allow further extension.
In case the authority decides to resume the plot, can the buyer claim that he was not aware of the fact that this plot can be resumed? And how can he get double the amount of Biana from the allottees.
Can the buyer be cheated in this case?
Kindly advise.
s.loganathan
10 April 2010 at 22:06
Sarfaesi 13(2) issued & after 60 days possession u/s 13(4) taken. Unfortunately, Bank fails to make mandatory paper publication. No correspondence or notification issued in respect of defaulted paper publication.Limitation to challenge 13(4) possession not over, but Bank issues a fresh 13(2). By law, the Bank has taken possession of my property and has not restored it to me, but they issue another demand notice u/s 13(2) in view of the same property. No reference is made to the first notice in the second notice. When a statutory action is effected u/s 13(4) and is in progress, can the Bank revert back to a 13(2) provision for the same property?
Amarnath chakravarty
10 April 2010 at 21:06
sir what is the future of labour laws.this may be an idiotic question but in my one year of practice i see too many anti labour judgements
swajan....
10 April 2010 at 20:08
Dear Sirs, I filed an application for NP Bore 0.22 revolver at Kolkata, I am also a member of the Bar. I like to know that if I can file a Mandamus against Kolkata Police / Home department for not considering my application since last one year. If yes, what is the procedure, and how can I be guided, I want to pursue the case myself.
Regards
Anonymous
10 April 2010 at 20:06
DEAR ALL
I have three queries related with dishonour cheque
A builder gave me a cheque for Rs.194149/-dated 31st January 10. He requested me not to present in the bank for clearing till 31st March 10 as he has some funds problems. After 31st March 10 he made several promises to pay my payment by 10th April 10. Now again he is saying me to wait for 30th April 10 & promises to give me pay order on 30th APRIL 10.
My queries are
(1) I have presented cheque in bank which returned back with remark `Insufficent Fund` on 3rd April 10. Can I present the same cheque again in the bank if he does`nt pay my payment by 30th April 10.
( I have not sent any notice in writing to Builder)
(2) What is the actual validity of a cheque ? The issued cheque is of STANDARD CHARTERED BANK. I have listened that some cheques are valid for 3 months also.
Is there any identification mark on cheques which are valid for 3 months.
(3) Can I file FIR in police or EOW alongwith sending him notice for dishonouring of cheque in future if he does`nt give me payment?
(4) After dishonour of cheque, Upto what time period a notice can be sent to builder ?
Anonymous
10 April 2010 at 19:59
i had entered into an agreement to buy land and paid some advance about two years ago. but the vendor sold the land to someone else and alos got the land registered so now enforcing specific performance from the vendor is not possible now. can i file a suit for return of money alongwith interest thereon?
Chetan
10 April 2010 at 19:58
What is meant by Adverse Possession ?
Who may file a suit ? and limitation to file suit ?
Pls provide case laws and example urgently .........
Anonymous
10 April 2010 at 19:56
i have to file an insurance claim petition. but the person injured is bedridden. can i file the petition now or do i have to wait till he is able to come to the court? kindly let me know.
MUDIT KUMAR RASTOGI
10 April 2010 at 19:17
Dear Sir,
The bank has financed a property to Mr. x in 2006. I have made a contract with Mr. X to purchase the property for Rs. 10,00,000/- and applied for a home loan of Rs. 8,00,000/- with the same bank. The bank while sanctioning the loan stated in the sanction letter that “ a sum of Rs. 2,00,000/- would be retained until the purchaser submit the original sale deed alongwith Permission to Mortgage”. I have agreed of the condition by writing that “ Permission to mortgage would be submitted to you as and when available”. The registry of the documents has already been completed. There is no clause in sanction letter that they will cancel the loan on non availability of “Permission to Mortgage”.
Since I have arranged Rs. 2,00,000/- from my own sources I do not require it from the bank now. The Bank is saying that since full disbursement is not completed your EMI would not be started.
The local land office of my area does not issue the Permission to Mortgage.
Now the bank is denying to raise the EMI and charging Pre-EMI Interest from me and threatening me to cancel the loan with preclosure charges.
Now my question is that:-
What remedy is available to me to secure the property?
Can a home loan be cancelled even after disbursement?
Is there any way to pursue the bank to raise the EMI.?
What would be the fate of the property in case bank cancel the loan.?
Kindly advice.
Thanking You.
MUDIT KUMAR RASTOGI
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Legality of Sarfaesi notice u/s 13(2) when 13(4) executed.
Sarfaesi 13(2) issued & after 60 days possession u/s 13(4) taken. Unfortunately, Bank fails to make mandatory paper publication. No correspondence or notification issued in respect of defaulted paper publication.Limitation to challenge 13(4) possession not over, but Bank issues a fresh 13(2). By law, the Bank has taken possession of my property and has not restored it to me, but they issue another demand notice u/s 13(2) in view of the same property. No reference is made to the first notice in the second notice. When a statutory action is effected u/s 13(4) and is in progress, can the Bank revert back to a 13(2) provision for the same property?