Ketan Shah
15 April 2015 at 11:56
During 1992, I have purchased one flat from builder (first sale) in mumbai but I have neither paid stamp duty nor registered the document. The society has accepted the same and transfer the flat in my name. During 1996, I have sold the same flat to another person who has paid the stamp duty and registered the document of his purchase (second sale). Now the second buyer has received the notice from the stamp department at his address for the payment of stamp duty of first sale deed (between me and builder). The notice is in my name. Second buyer insisting me to pay a stamp duty alongwith the penalty on it.
Please tell me, who is legally liable to pay the stamp of the first purchase deed between me and builder?
Thanks in advance.
Member (Account Deleted)
15 April 2015 at 11:14
thank u for all of ur valuable sujjestions
ajitkumar
15 April 2015 at 11:09
Respected Sir/Madam,
In 2009 there was partition of our family property in revenue court.But i have challenged it and appeal it on higher level now the current situation is that appeal is pending at Pune commosioner office since 2011.Mean while the shares of property which got to my uncle was sold to third party in 2011.
Also there was one decree passed by court in 1979 according to which my father has right on that property. and My appeal in Pune Commisioner office is based on it.Also all land is of HUF so we demand for equal partition.
When I get certified copy of sale deed there was big cheating. i.e since 2007 there was mark and note of penalty of 100000 rupees of Maharashtra Goverment on 7/12.
But on the day of sale deed tha village accountant(Talathi)hide that mark without any registered proof he attach forged 7/12 extract to the sale deed.But after that this penalty note is there till now.
Also for the purpose of shorting stamp valuation he mention that land was not under irrigation but land is under irrigation and as per the government rates there was huge difference.
Sir Please advice me, can I file suite against this forging and Cancellation of sale deed under Section 31 of The Specific Relief Act, 1963 ? and is it possible to file F.I.R against all those are involved in it ?.
Please advice me. Your advice is more useful for me.
Also said decree is never executed by court. Can I submit it to court for execution ??
Chakravarthy
15 April 2015 at 10:47
In a civil suit, one of defendant has joined who has no place there. Further a property schedule was introduced without any basis, survey number and boundaries.
How to remove both from court records?
Kindly guide us
ssbhar
15 April 2015 at 08:47
“A” IS HAVING 98 % SHARTEHOLDING IN A PRIVATE LIMTED CO . “B” IS NOT HAVING ANY SHAREHOLDING . C IS HAVING 1.50% SHAREHOLDING . A & B WE WERE DIRECTORS . “ B” EXPIRED . “A “ APPOINTED “ C “ AS DIRECTOR . DISPUTE AROSE BETWEEN “A” AND “C” . MY QUERY :
1) CAN “A” CALL THE MEETING OF SHAREHOLDERS AND IF “C” DOES NOT ATTEND THE MEETING CAN ANY RESOLUTION BE PASSED BY THE SINGLE SHAREHOLDER HAVING 98% HOLDING ? IF YES , THEN UNDER WHAT PROVISIONS OF LAW?
2) CAN “A” AS A MAJORITY SHAREHOLDER APPOINT SOMEBODY ELSE AS DIRECTOR IN THE EGM AND REMOVE “C” FROM THE DIRECTORSHIP OF THE COMPANY IN THE EGM ITSELF ?
deshpande
15 April 2015 at 01:28
Dear sirs
will my wife has any right on the property , complete property is on my fathers name.
I m asking this question because , I have taken a home loan from a bank on my name and I have cleared complete loan very recently.
meanwhile my wife had filed all cases againt myself and my parents dva, 498a , crpc 125 andlatest rcr.
I want to take divorce (we r married frm last 3 years). And fight each case on merits, in this process can my wife claim any share in the property?
Request you to please advise.
surajjoshi
15 April 2015 at 00:41
Hi All.
We are looking for a advice regarding divorce through mutual concern.
One of our family member who is married for last 10 years and have 2 childerns.
She has been going through trouble marriage for almost 8 years out of the whole. There was no physical harm done to her by her husband but it was more physiological torture. She had to quiet here stable job, to avoid further struggle between the partner. She had to move her house almost 10 times in 4 years just because her husband was changing his job and never settled down.5 years ago she went through a mental torture in which she even tried to kill hersel by cutting her wrist. There was no police complaint done since we were worried about her. After few family meetings they were back together and had taken another chance of extending there family with a hope of things getting better.
As of know there situation is getting worst within the couple.
We being from the bride side along with her concern decided to get her out of this situation.
We want to know what options we have in having a mutual concern divorce and or divorce through argument in the court.
Our major concern is the childerns education and shelter for them.
Kindly advice which way we should proceed.
Regards
Suraj
amit
15 April 2015 at 00:41
X, a resident & works for gain, having office at Agra, moves a complaint U/S 138 NI Act against Y (living at Delhi & Office at Pitampura, Delhi.), who issued and send a Cheque vide Speed Post to X at his Agra Office. When X presented Y’s Cheque for encashment to his Banker at Agra, his Cheque got bounced. (All the formalities like sending demand notice, filing of complaint and issuing notice has been done according to limitations and well on time). Thereafter, two summons have also been issued to Y but he did not appeared at Agra Court. Further, Bailable Warrant has also been issued, but Y still not appeared.
In the meantime, on hearing, the Magistrate refuse to hear the complaint on pretext that some new ruling/citation ‘Dashrath Rup Singh Rathore … Vs … State of Maharashtra & Anr.’ has been delivered by Supreme Court, according to which jurisdiction in Cheque Bounce matter lies at Delhi since Y resides at Delhi. So, Magistrate is passing order to transfer the same to Delhi Court. As per the said latest Citation of Supreme Court.
Q1. – Where the Jurisdiction shall lie according to new Supreme Court case law.
Q2. – Does this new citation of SC of 138 NI Act, applicable to the above said situation, where Bailable warrant has already been issued to the accused? (and Y still not appeared on date)
Q3. – Where the Jurisdiction shall lie? According to latest Law/Ruling of Supreme Court. Whether it lies in Agra or in Delhi?
Q4. – What is the time period, if Magistrate is willing to order the Complainant to transfer the Complaint to Delhi Court for account of Jurisdiction?
Q5.- Can Magistrate transfer the said case in between, if Bailable Warrant has already been issued to accused?
Q6. – Does the new ruling ‘Dashrath Rup Singh Rathore … Vs … State of Maharashtra & Anr.’of SC says that if Bailable Warrant has already been issued then also the complaint is liable be transferred to Delhi Court?
anu
15 April 2015 at 00:01
so basically my dad gifted me a flat on this march 2015 and i need to sell this flat immediately due to certain personal reasons .though the society has agreed to transfer the property on my name but isnt ready to provide NOC for the party who is purchasing needs it fr loan disburstment procedure .
According to the society i need to wait fr certain time period before i cn sell my flat nd get the partys name transferred is it so ?
if yes how much time should i wait ??
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Tenancy rights
Hi,
I need suggestion in relation to following situation.....
1. My father and my uncle started living together in Mumbai in 1980 together in a chawl in Mumbai.
2. Upon my uncle's marriage his family shifted to new residence, but my father and mother continued to stay in the current house. Later my father died in 1999 and today we still continue to occupy in the said house.
3. Now the problem is that my uncle is demanding to vacate the said house and provide the possession to him.
The said house is registered in my Uncle's name. Rent receipt is in my Uncle’s name, but rent for all these year is paid by my mother.
Is there any kind of relief available to us ? What are remedies available to us Legally.