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Felix Menezes   24 August 2015 at 19:12

Land bought in bangaluru in litigation now

Dear Sir,
I bought a piece of land measuring 1575 sq ft in Bangalore from original owner. Copies of documents were verified by a nominated lawyer prior to buying and he said title is clear and marketable. All family members singed the sale deed. It was bought in Oct 2013. The seller could not fence the plot as he had some trespass work. When I went down this time to see the plot, it was found that someone else has encroached half of it claiming it is his. This is suppose to be 1st original sellers plots which he has sold in 30 x 40 pieces and there are several plots like that. Now we came to know that there are 3 legal buyers of my plot.
I spoke to the seller (original owner) and asked him to buy back the plot which he verbally agreed. I have not told him that there are other's who claim that it is their property, however, he knows that my plot has been encroached. I'm sure he is aware of his misdeeds probably.
I have B katha in my name.
I have tax receipts paid till 2015-2016 in my name.
I have EC from 1962 to 2007 in owners name and there after in my name.
Can you please suggest on the following:
- Is it a good idea and legal to sell back to original seller and get it registered in his name with all family members who were present when they sold me?
2) Will there be any legal implications later on?
3) I paid through NRE cheques. If he buys back, he will pay in Saving bank ordinary account. Will there be any problems
4) Do you think it is worthwhile to file a legal case as i'm working in the gulf and can't afford to travel every now and then?
Please suggest what should I do.
kind regards
Felix

Vijay   24 August 2015 at 18:56

Divour query

I have filed for divource as my wife was having love affair. I have few phone call recording between her n her boyfriend. Is phone call recording vaild in Indian court. Last month counselling got over. I dont want to spend my life wth her. Please guide what I can do better.

anil kumar sharma   24 August 2015 at 18:39

Recovery of loan liability from heirs of deceased guarantor

In this typical case, the father and son were doing contractship business. Both were registered as Contractors with the Public Works Department. The father was registered as Class A contractor while the son was registered as Class D Contractor. In order to conduct the business of contractship, they had a Bank Cash Credit Limit of 7 crores in which the son was the Guarantor. Also as a precautionary measure, both father and son had adequately insured themselves on the advice of Bank Authorities to cater for any eventuality/mishap. Suddenly one day, the only and promising son aged 31 years lost his life in a car accident leaving behind his wife and minor son aged 3 years. At this critical junction he also left behind a loan liability to the Bank to the tune of Rs 4.50 crores and approximately Rs 90 Lacs to the local market. Consequently, the insurance company made payment of one policy on the name of the deceased to the tune of Rs 1.20 Crores in which the wife of the deceased was the nominee. In another policy insured on the name of the deceased for a sum of Rs 2 crores for the purpose in which also the wife is the nominee is pending. The wife of the deceased had left her matrimonial home along with the minor son 5 months after the death of her husband and is now putting her stakes on the claimed money received from insurance companies notwithstanding the loan liability which her husband had left behind. What is her responsibility as far as repayment of loan liability is concerned from the property inherited/claimed wherein her deceased husband was a Gurantor? Also what should be done to make her accountable for clearing the bank loan liability? Please advice.

Anonymous   24 August 2015 at 18:29

Passport documents required after intercaste marriage

Hello sir, I m married since 8 yrs. Done intercaste marriage n change my religion from Muslim to hindu. Currently I have applied for passport n all the required documents have been attached. But the officer at the rpo said that the religion change certificate has to be submitted because of freedom of religion act 2003 n it requires collector office registration . Request ur advise as I m in urgent need of passport. I have submitted pressnote, name change certificate from gazette, affidavit for name change n others. Also my husband has my changed name in his passport.

yogesh   24 August 2015 at 18:16

Transfer of shares from non-resident to resident

Query on FEMA compliances

Dear Sirs,

Question :- We have one Wholly owned Subsidiary in Singapore . The said subsidiary is proposed to be wound up. The query is that the said subsidiary holds shares in one of our Indian Group company. Now the situation is that the said investment needs to be transferred from WOS to its Parent Company(our company). So, what are the FEMA compliances need to be followed for transfer shares from the Foreign Subsidiary to Indian Parent Company. What are the specific guidelines needs to be followed. Please guide us with your valuable reply.

Thanks……

Gaurav   24 August 2015 at 17:32

Home loan transfer

I am transferring my home loan from LIC to SBI. SBI is asking for the NOC from the builder.
Builder has form Apartment Deed as per his rights. Most of us flat owners are willing to form society and after battle of 3 years builder agrees to form society (but not soon as he has commercial complex to built).
For NOC, builder is saying he has form the Apartment Deed and he can not issue NOC. As I am not part of his Apartment Deed, I need to get NOC.

What to do ?

Thanks
Gaurav

syed anwar   24 August 2015 at 17:12

Sale agreement of vehicle

What is stamp duty charge for vehicle agreement of Rs 16.5lac

arvinda   24 August 2015 at 17:12

School next to our apartment

Hello Sir, Madam

A bangalore based reputed educational institute running colleges and school is planning to construct a school next to my apartment(30flats) in bangalore. my apartment is situated in a 30 ft road. School authorities have not been able to get access to land directly from the main road as the land ownder of the land adjacent to main road is not willing to sell the land. already there is another international school and a high rise apartment(600 flats) is using our 30 ft road. following are my questions

1) is a private school considered as commercial establishment like hotel, shops etc
2) Is there any rule which stipulates on access to a school where hundreds of children and their parents have to visit every day?

3) what can be done by our society to minimise the disturbance to our apartment.

jai prakash kashyap   24 August 2015 at 16:47

Advance against property purchase

Sir,
My self advocate jai and doing job. i want to purchase a property and that why i gave 50000 amount to a person against advance which are written and sign by that person. then i get to know the property is not passion by that person and i want to my money ............. kindly advice me how can i get my money Please suggest me

Anonymous   24 August 2015 at 16:38

Possession suit filed by Pagdi Landlord to evict us.

My father had bought a pagdi flat in Mumbai in 1984. After he passed away my mother and we siblings were residing there, and my mother was paying the rent to the landlady through her cheques. Since 2008 we have been living with a relative without paying any rent. We visit that house occasionally but it is largely vacant. We go there for a day or two sometimes have stayed there for months too. The landlady stopped taking rent from us but we paid other building maintenance charges. Now she has filed a possession lawsuit against us. We don't have any other residential property and all are documents are of that address too. We have electric connection and all bank correspondences of that address. What are our chances in such a scenario. If we go and start living there will it help?? Also she has made allegations that we have made changes to the house, left it in desrepair, etc which are all untrue. The house is nicely painted and has our furniture and things too. We had a meeting with her about selling the house, and would pay her her 1/3 share. To which she had agreed. But now in that suit she has asked the court to refrain us from selling the property as we may have ulterior motives!! She has been taking possession of several flats in the building by paying the tenants lower price than what is due or bullying them all together. She wants to have us evicted. Please advice