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Manohar   18 July 2015 at 12:39

About registered gift deed of property

Dear Sir,

I am Manohar babu writing to request for your advice on below issue.

In 2008 Without knowledge my late grand ma gave 4.5 acre's of land to her daugther through gift deed, who is only sister to my father.

After my fatherfather sent notice subsequently 3 acre's of land returned to my father through registered gift deed in 2011-12.

In 2013 my father passed away, after that my aunty filed a property suit on the gifted land. Case filed by her first daughter and last son. She has five childrens.

I heard that in June 2015 again she done gift deed of the same property to her son.
Sir does this type of double transaction valid. Is there any merit on second gift deed.
Can anyone allowed to made two gift deed for two persons on same property ....

Please advise.

Thanks
Manohar babu

Tanay Daap   18 July 2015 at 12:31

sapinda or not

Can I marry my real cousin sister's daughter? Are we sapindas? Plz suggest a way where we can marry. We are north Indian hindus. I have heard about south India where this kind of relation is possible.

umesh   18 July 2015 at 12:21

agreement dispute for transaction of new house

1. An agreement is executed for sale of newly constructed house at layout between Vendor and buyer.
2. Vendor has agreed to clear or free from all encumbrance / minor claims etc before registration of sale deed.
3.Vendor has agreed to pay the double amount if failed to executing the registration.
4.Now problem arise that the house is under bank loan and bank needs 20 days to give the No due certificate after settlement of all loan amount to vendor.
5.Buyer is not agreed to pay the bank loan amount to vendor in 20 days advance since buyer is already paid Rs. 5 Lakhs as advance / part payment.
3.Buyer is not ready to takeover the bank loan amount since he is not agreed the point in agreement.
5.Buyer arranged the full required payment amount from different sources viz. Departmental PF and asked the vendor to registration with original document.
6.Vendor denied to registration since bank loan clearance and also due to other original document asked by buyer.
7.Vendor is now acting that due to this her mind is restless.
8.Buyer has asked through letter after one and half month to registration since he has to reply his Govt. dept. regarding PF withdrawal is not yet used.
So Please advice what to do next.
regards



madhav pande   18 July 2015 at 12:15

Will

I am a Singapore Permanent Resident (Green Card)& have recently made my will & registered it in Singapore as I have been living here for 24 years. Most of my assets in the will are located in India including a high value ancestral property. My sole beneficiary is my husband as we do not have any children. I want to know if my will regd here can be challenged in India? Any precautions I can take?

Arun   18 July 2015 at 12:02

Msmed act 2006

We are an SSI unit registered with DIC since 1992.

Filed a case of delayed payment last year for a project executed by us in 2005.

Proceedings completed with the Arbitrator passing an order in our favour but allowed interest only from the date of filing and not from the 2005.

The opposite party has approached the district court to set aside the award claiming that the Act cannot apply retrospectively.

That's only a brief ides about the case.

Need expert advise on the matter.

horihorroy   18 July 2015 at 11:56

Delay condonation


My father filed a suit and trial court delivered a self contradictory order and dismissed our suit. Our counsel asked us

file an appeal with district court which was not the trial court after 730 days. The district twice rejected the appeal as appeal would have been made before the higher judiciary in trial court. Would our delay be condoned on the ground that our counsel made procedural mistake ad should we file an appeal to trial court higher judiciary?? If yes, under which ground and which documents should be accompanied with ??

johan   18 July 2015 at 11:48

Unclean hands by fraud

Respected Advocates, my wife and her father promised me both in written and verbal that if I apologized to them they would not give a divorce. but they applied and attached my written apology to their petition. Also after 3 days of filing for divorce my wife sends me a mail that she has accepted my apology and is willing to compromise. Isn't this deception and fraud by inducement? Also she has lied on several points in her petition like I was absconding from UAE whereas she knew I was still in the country. Isnt this fraud by factum? Can I claim in the court that the petitioner has approached the court with UNCLEAN HANDS by decieving and commiting fraud on the court?

yogesh   18 July 2015 at 11:45

Forged sale deed

Dear Sir

I have a rented property in delhi opted by my grand father in 1970.

Owner of the property has shifted to abroad after 1990 approx without selling the property as no one came to us with document except few dealers who wanted to evacuate my grand father force fully. than my grand father file a case against original owner for non collection of rent but he didn't appear in court and court has given a decision in favor of my grand father.
Three year back my grand father has passed away.
now the problem started few day back i came to know that two different person has prepared forge document of property.

party A registered a sale deed showing it to purchase it from original owner to X party on POA by notary in 1980 than X sale it to Y again on POA in 1998 than Y sale it Z again on POA notary in 2002 than Z sale it to A on sale deed last year in which X & Y has passed away.

Party B Registered a R deed showing it to buy from my grand father in 1998 on POA notary than B passed away and there legel heir two son made R deed in favor of their mother.

Now plz suggest the action to prove them wrong as it is confirmed that the POA is made in last 2 years on old stamp which is easily available in market.

second does party A can borrow the loan on property from bank.

Third being a legel heir of my grand father how can i appose them or suit them as a tenant.

Anil Kr Garg   18 July 2015 at 11:44

Legal effect of state govt policies whether nil without notification?

MP Govt has issued TOURISM POLICY in 2010, like so many other policies, and have been amending it from time to time as well. This policy is conspicuously displayed on Tourism Deptt website as well.

Yet, their own Revenue Deptt does not want to be bound by this policy (for assessment of land revenue under Land Revenue code, for diversion of land for tourism projects, clearly spelt out in the Tourism Policy). They say it is not binding on them.

Tourism Deptt does not respond in writing to my letters, but verbally they say that Govt has not got consensus among all deptt incl Revenue to implement this policy which has not been notified yet.

I am surprised. How could a policy so publicised, frequently amended, could be USELESS AND UN-BINDING without notification for the officers of their own Govt.

Pls advise whether legally, it is necessary for the policy to be notified or we can move court to enforce the policy on Revenue Deptt for assessment of land revenue?

(Revenue is assessing revenue for hotel purpose as COMMERCIAL whereas Policy says that it should be assessed as RESIDENTIAL use. Land Revenue Code of MP does not define RESIDENTIAL, INDUSTRIAL OR COMMERCIAL. Chattisgarh rules under the same Code however, define Tourism Projects to be included in Industrial Use).

Anil Kr Garg   18 July 2015 at 11:36

Can we get injunction on other party publishing public notices to defame property?

I am defending a specific performance suit. Court has rejected injunction twice. Trial has not started yet. I have no doubt that the suit will be ultimately dismissed by court on merits. Yet, I am apprehensive of the plaintiff publishing PUBLIC NOTICES to defame the property and prevent me from selling it.

Can we move an application to court to prevent the plaintiff from publishing any more PUBLIC NOTICES and from DEFAMING the property designed to prevent me from using it?

Of course, I am aware that the sale of property or flats after construction, will be subject to the principle of LES PREDENCE I hope spelling is right).

Pls advise. Thank you very much