ABCDEFGHIJKLMN
10 November 2009 at 18:46
To the Expert panelists,
A friend of mine has purchased a flat through the developer of the project about 3 years back. At the time of taking over the possession of the flat, he has affixed necessary Stamp duty on the agreement, at applicable rate.
When he inquired about registration of flat, the builder told him that if my friend wanted to register the flat, it can be done, but registration charges/fees will have to be paid by the owner. However it can be done at a later stage if so desired, and Stamp duty paid will be adjusted during registration.(He did not say anything about the time limit in which registration should be done).Since my friend was having finance difficulties, he opted to have the flat registered at a later stage.
After about one and half year of purchase of the flat, my friend wanted to have the flat registered, so he approached other buyers to find out the procedure. He came to know that to have rebate of stamp duty paid initially, one must get the flat registered within six months of paying stamp duty.
More over he came to know that if he continues to stay in the flat and does not want to sell the flat, registration of the flat is not a must. Registration is required (or is must) when he wants to sell the same.At presant registration of Flat is pending.
He keeps getting corporation Tax bills in his name, since purchase of the flat.
Can he avail the exemption of the stamp duty already paid initially? if he desires to have it registered now.
Will any one of you guide if above contention is correct. Bhasker Parikh@gmail.com
Anonymous
10 November 2009 at 17:46
Respected Sir,
I filed a suit for recovery of an advance amount, on the basis of an Agreement of Sale, as I have paid 1/4th of the sale consideration amount at the time of execution of the Agreement of Sale (un-registered).
The main contention in this issue is” before issuing a legal notice the land owner (Vendor) has transferred the said schedule property to the 3rd parties and registered an “Agreement of Sale cum GPA” and possession was also delivered to them. But the same was not mentioned in his reply notice. It has come to my knowledge, only after filing of his counter pleadings in the above said suit. Immediately I filed a Criminal case u/s 420 of I.P.C. against the defendants/Accused, before the concerned court and the same was referred to the concerned police and the police registered a crime u/s 420 of I.P.C.
At this stage, what I came to my notice is, that the Public Prosecutor of the concerned raised an objection that the matter is in civil nature and Section 420 of I.P.C. is not applies in this regard. Now the police want to close the case accordingly.
So plz.clarify the following:-
1. Without canceling the existing an Agreement of Sale, how the land lord again go for alienation?
2. When the land lord himself declares/assures about the land “was not effected in any of the encumbrances, court attachments, prior agreements or any other issues” as narrated in the registered Agreement of Sale cum GPA? So is it not come under cheating?
3. If I want to go and arrest the defendants/accused, what i have to do?
4. In this I am not going for Specific performance of contract/Agreement, but I filed the suit for recovery of the advanced amount.
Janardhan Rao Kotwal
10 November 2009 at 17:19
Case Hstory:
Plantiff rgistered the commercial land through one of legal heirs of the above said land and demanded injuction for the pocessionof the land.
Defendent who is the lone suviving primary lgal heir and into the pocession and occupation of the land past 35 yrs.
And also got thr ownership certificate from the muncipal aithorities and also tax payer for the above said land.He acquired land through the registered sealed will which was made by his late fathr 35 yrs ago. There was a three evidences who sgned the will but only one signatory is survived. The same person has been produced n the court for evidence.
His statement was he signed the doucument but he is not aware of the matter of the document but he is accepting the signature.
As plantiff claims that the above said wll false pre-fabricated.
After completing the hearings from both parties now the case is for arguments in district civil court.
So many other evidences pertainng to defendent pocession and enjoyment of the above said property and the land today also only in the pocession of the defendent.
My question is what will be decision of the court? infavour of the palintiff or defendent?
What about acceptance of will by Court of law.
Janardhan Kotwal.
Ratti Wahal
10 November 2009 at 16:42
Dear Sir/Madam,
I am a qualified Company Secretary. I came to know that practising CS(s), CA(s) can appear upto the level of trial court.
Can anyone please through some light on this issue?
Further, kindly advise what are the documents will be needed to get registered with the Bar council and the address of Bar Council of Delhi.
Looking forward for quick response.
Thanks & Regards,
Ratti Wahal, ACS
rajesh
10 November 2009 at 16:30
M/S ABC (WHICH IS LICENSEE UNDDER ELECTRICITY ACT) HAS GIVEN CONTRACT TO EXECUTE THE SPECIFIC WORK TO SOME CONTRACTOR
THRES IS AN ACCIDENT ON SITE DUE TO WHICH CASE OF 304A HAS BEEN REGISTERED BY STATE
KINDLY TELL ME HOW MUCH M/S ABC COMPANY AND ITS EMPLOYEES ARE RESPONSIBLE
Anonymous
10 November 2009 at 16:21
i have recieved arbitration awards. The jdrs were living under the jurisdiction of Addl. dist court. whether i have to file the e.p. for arrest before the Principal dist. judge or before the Addl. Dist. Judge. if so, transmition of e.p. is nessecerry or not.
saravanan
10 November 2009 at 16:07
hello friends,
i got a house in way of auction by successful bidding.they have executed sale deed in my name.i transferred all revenue records in my name but the auctioneers had not given me possession, so what is the procedure of getting possession?
Legal_Query
10 November 2009 at 16:01
Dear Friends,
pls suggest relevant citiation regarding grant of Maternity Leave.
is there any citation regarding the period of maternity leave.
thnks and rgds
ABCDEFGHIJKLMN
10 November 2009 at 15:49
Expert Panelists,
In certain documents, it is advisable to nominate some one, as in case of death of main person, the nominee gets the dues from bank/institutes if it is bank/institute account. But does he become owner of the fund? Or is he simply a care taker for the legal heirs of the deceased .
(1)what about immovable property? Does the nominee get any rights? Or he is a care taker.
(2)What is the difference between Proxy and Nominee?
(3) Is it that Proxy is able to take decision on behalf of main person?
(4) Can Nominee take decision on behalf of Nominator
(5) Are nominee and POA(power of Atorney)holder have same rights?
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Pvt Ltd Firm Not giving share profit and salary
Dear All
I invested 50 lacs rupees in a pvt limited firm and became a director. I have 25% shares in my name how ever the MD of company has not given me any share in profit as well as directors salary. On scutiny of accounts i found that he along with other director siphoned about 10 LACS RUPEES for his personal use since may 09.
please advise what can I do to this company md and other director who happens to be relative of MD
Regards