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Anonymous   24 March 2010 at 08:51

can a public limted co. be a protected tanent.

our land is situated in muncipal limits. the directors of sugar factory purchased the so callsd rights from our tenants then sold these rights to sugar producing co. all of them never produced sugercain in that land the land is hilly non irrigated only grass grows it is mentained in record of right. now the current 7/12 extract shows both our family members and public ltd co. in form 7.form 12 shos self ie. both of us and public limied co. can we sell the property. what is legal position of that co. in our property.

SONTHA SUDHAKAR   24 March 2010 at 07:59

MUSLIM LAW

MUSLIM LAW
Sir,
The property purchased by X on 22.01.1901 through a registered sale deed. The property Gifted to Court Mohall by X on 01.11.1930 through a registered gift deed. Later on he executed a WILL on 10.01.1931 in favour of his daughter; the said WILL is not registered one. On the date of executing the Gift Deed in favour of Mohall he was Muthavalli. The property has not given possession to the Mohall by X. Since the date of Gift till to-day the property is in possession and enjoyment by X and his legal heirs. The legal heirs of X are paying property tax and their names’ are shown in the city survey records since then and city corporation records. There was Gazette notification 1965 by the wakf board the list of properties of the wakf, which includes the disputed property. Now the mosque is claiming property and wakf board held that the legal heirs of X are trespassers and encroachers and initiated proceedings under section 54 (3). Kindly let me the position of law. If possible citations may be referred.
01. The possession is not given by X to mosque
02. Gift has not accepted by mosque
03. Property not transferred in favour of Mohall
04. WILL executed by X in favour of daughter
05. The donor can cancel the Gift
Regards
Sontha Sudhakar

Anonymous   24 March 2010 at 07:20

Valuation for Succession Certificate

As required by law, for succession the court would buy stamps of certain percentage on property value. Can any one tall me what is the date of valuation (i.e the death of a person or the date on which succession certificate is granted). Say a person died in 1996, inestate. Now the succession certificate is required in year 2010. What shall be the value date 1996 when the property is legally succeeded or 2010?

Anonymous   24 March 2010 at 06:32

(PLz Reply)tenants rights for goodwill

When my lease period expire, do my landlord have legal right to vacate me , without buying back (goodwill, furniture’s, movable amenities , hotel license & business) which I bought from my landlord when I entered into hotel business lease through single agreement deed . (All in one agreement deed)

I bought (goodwill, furniture’s, movable amenities , hotel license & business) through sale deed by paying some Amount . ( it’s not transfer) The landlord offered to SELL & I bought them …

Is the following lines in the my agreement help me to me for this?
(with the option to the tenant to renew the agreement for further period on such terms & condition as may be mutually agreed upon.)

Anonymous   24 March 2010 at 02:50

flat deal cancelled

Dear All,

I had made a payment of 3lakh rupees to the flat owner for purchase of flat ,now he is refussing to make the advance payment 3lakh which was paid to him by cash i had taken the money on loan from money lender ,wht is the solution for the same can i take a legel action against them?

please reply soon

Anonymous   24 March 2010 at 02:36

Evicting tenant under Leave and License

Tenant has Leave and License agreement of fixed duration with no renewal, with the owner.
* Please suggest how the tenant can be evicted if he does not leave after expiry of the agreement.

* How is the procedure different from eviction under Lease agreement.

Thanks.

Anonymous   24 March 2010 at 02:27

Capital gains

Short term capital gain comes in picture if property is sold before completion of 3 years.
This period of 3 yers is counted from which date, date of booking (of apartment/shop/plot/...), date of possession or date of registration in the court?
These 3 dates that I mentioned may be few years apart.

Alex X Gonsalves   24 March 2010 at 00:54

PAN requirement for Form 15H from April 2010

My father a senior citizen, has interest income from Sr Citizen scheme but doesnt have taxable income, earlier while producing Form 15H would get exempted from tds u/s 197 (1c). Now I believe he will require a PAN in addition to Form 15H to get above exemption, from April 2010. Is PAN really required? He is in his mid eighties and seems reluctant to apply for the PAN. Please advice.

S Radhakrishnan   24 March 2010 at 00:03

Prime and collateral security

When a Bank has financed housing loan and the house is also taken as collateral security for the business loan, can the bank arrange to dispose off the house property for recovery of its business loan without exhausting its remedey against the prime security in the business loan. Please also advice about the details of the relevant judgment.

meenakshi chauhan   23 March 2010 at 23:18

penalty imposed by HC on respondent,ignoring court's mistake

there is a writ pending in delhi HC.

we are the respondents in that writ.

we were given last chance on last date to file the counter,
we did that on time. but i think my lawyer's clerk didnot get that
attested and filed that. after filling objections were checked two
times and every time no objection were raised by regarding authority.
my lawyer also inspected the file and found our counter filed in the
court file also. but today in the court judge said that your counter is
not attested to which my counsel told that no objection was raised by the
registrar then how could we know that there is some problem, and even
the counter is attached in court's file also, but even then judge
imposed that penalty on us. strange thing was that DDA filed its
counter just 3 days back even then they were not penalized, on last
date we and DDA both were given last chance to file the counter that
too in the month of january. we did that, and the counters copy was in
the court file also and with DDA counsel also.

but due to court's authority negligence counter was not given to petitioner also.

what do you think can at this point of matter we should be penalized,
as the registrar didnt raised any objection while filing, we are having
the date of filing also..

my lawyer was saying that we will be moving an application regarding
that, coz we have filed the counter, and that was too accepted by the
registrar without raising any objection..

what would you suggest about that?? what can be done now??

thank you