malathi sharma
21 July 2014 at 11:57
Sir,
A and B together want to buy a plot of land with the following condition in the sale deed: "Whenever they will sell, they will sell the plot jointly and will not sell their shares separately."
My questions are: (1) Is it possible to execute a sale deed with such a condition.
(2) Few years later, Mr. A argued that the above condition was only for selling the entire plot. So he could sell his share of the undivided property to a third person C. Will the court allow him to do so.
(3)If the court did not allow him to sell his share of the undivided property , A argued that the above condition was only for the undivided property, so he moved the court to partition the plot and then sold his share of the divided property to C. Will the court allow him to do so this time.
(4)We know that a sale deed is a deed between a buyer and seller. So who according to the law will be assumed to have imposed this condition , the seller? or the buyers mutually on each other (given that nothing is written in the sale deed about who wants this condition to be imposed and why)?
(5) If according to the law the seller will be assumed to have imposed this condition will the transfer of property in this way be called a complete transfer. A argues that given the above condition , the seller still has some interest in the property. So, if after 10 years A somehow obtains consent of the seller and then sells his share of the (divided or undivided) property to C will the court allow him to do so this time.
(6) What should A and B do to prevent each other from selling their shares separately or even partition the property, given that they have to use only the sale deed for this purpose.
Please answer all the above questions.
shailesh pandey
21 July 2014 at 11:03
Dear Sirs ,
Kindly let me know the new revised salary limit for P.F. is announced in this budget is Rs.15000/- from which date it is going to be implemented.We have observed in EPFO site ,they are showing as its NEWS only instead of their circular/notice.
thanking you
regards
shailesh pandey
Anonymous
21 July 2014 at 10:37
Muljim ke gair hajir hone par nbw ho gaye jaminan ke khilaf 446 crpc ke tahat cr miss file khol notice recovery ke ho gaye ik mahine baad muljim hajir ho gaya par ricovery warrent chalte rahe 2 saal baad amin dwara 40000/- rs ke recovery kar paisa court men jama karaya gaya jabke muljem ne nai jamanat dakhil ki the
kya paisa surity ko vapas mil sakta hai yadi jaan to ruling bataiye plz
Senthilkumar
21 July 2014 at 09:34
Dear Sir, In June 2013 i purchased a property at chennai and sale deed was executed under my name. Everything(My name, Address, property details) are perfectly mentioned in Sale deed. Recently i tried to check the Encumbrance Certificate for the property. In Encumbrance certificate it shows a different name against my property for the same sale deed number and date. My name is bit complicated in my mother tounge(Tamil).Sale deed was executed in English, but the Encumbrance certificate is in Tamil. So i believe this error happened due to translation from English to Tamil. Could you please guide me how this can be corrected?. Any legal issues are here?. I am bit worried about the way how TN Chennai Govt officers handle the people. So i want to handle this issue through Register post. Request your inputs and suggestions please....
pctulsian
21 July 2014 at 08:56
My client(Purchaser) entered into an agreement(on Rs 50 e-Stamp) to sell & Purchase a property & paid the Earnest Money.Under this agreement it was stated that the property under sale is free from all sorts of encumbrances such as sale, mortgage,lien,legal flaws etc.Later on when the client applied to the Bank for housing Loan.it was revealed that the said property is mortgaged with some other Bank.What legal course of action available to the my client?
Lt COL R S shekhawat
21 July 2014 at 08:46
BENEFITS for prior military service are duly certified by DPE,, allowed by Government of INDIA on the basis of recommendation of high level parliamentary committee
GOI Sanctioned for prior Military commissioned services rendered meritoriously with Honor, Dignity pride in National defense
the letter of authority on basis of which my requisition for grant of increment
560/43/TA-(a)/03/00/S(GS-1)
Government of India,
Ministry of Defense
, New Delhi, the 7th Jan 1994
To
The Chief Secretary to All State Governments/Union Territories .
Subject: Concession Incentives sanctioned by State Governments to Territorial Army personnel.
Sir,
This refers to Ministry of Defense letter No.47560/GS/TA/-3(a)/306-B/D(GS-VI) dated 19th February 1985 and letter of even number dated 8th September 1992 on the incentives by State Governments to Territorial Army personnel.
2. Most State Governments have instituted some cash awards/grants for the winners of Territorial Army decorations/Medals. However, these awards were instituted a long time back and have been rendered insignificant by inflation. In many States, this reward is limited to Rs.2500/1500 only. It is requested that this may be revised to a minimum of Rs.5000/- for TA decorations and Rs.3000/- for TA medals. Some State Governments have already made the revision.
3 Government of India had also recommended that the facilities listed below may be considered for Territorial Army personnel. These incentives were listed by a committee which was set up to go into the Territorial Army and are already being given by most State Governments :-
(a ) Grant of 01 increment for every 03 years Territorial Army service, as is being given by the Government of Uttar Pradesh.
(b) Counting of Territorial Army embodied service for purposes of seniority, promotion and other considerations to those entering civil services.
(c) Exemption of Road tax on vehicles owned by Territorial Army personnel as is being given by west Bengal Government. Yours faithfully,
Sd/xxxx-
(S.K. JAIN) Joint Secretary (G).
can \should SAIL grant me the increments within ambit & scope of above GOI letter
or
deny by quoting it is first such case
no precedence etc
WHEN THIS LETTER CONTINUES TO BE RESPECTED BY ALL MINISTRY
ON WHAT GROUND SAIL CAN REFUSE?
Lt COL R S shekhawat
21 July 2014 at 08:43
BENEFITS for prior military service are duly certified by DPE,, allowed by Government of INDIA on the basis of recommendation of high level parliamentary committee
GOI Sanctioned for prior Military commissioned services rendered meritoriously with Honor, Dignity pride in National defense
the letter of authority on basis of which my requisition for grant of increment
560/43/TA-(a)/03/00/S(GS-1)
Government of India,
Ministry of Defense
, New Delhi, the 7th Jan 1994
To
The Chief Secretary to All State Governments/Union Territories .
Subject: Concession Incentives sanctioned by State Governments to Territorial Army personnel.
Sir,
This refers to Ministry of Defense letter No.47560/GS/TA/-3(a)/306-B/D(GS-VI) dated 19th February 1985 and letter of even number dated 8th September 1992 on the incentives by State Governments to Territorial Army personnel.
2. Most State Governments have instituted some cash awards/grants for the winners of Territorial Army decorations/Medals. However, these awards were instituted a long time back and have been rendered insignificant by inflation. In many States, this reward is limited to Rs.2500/1500 only. It is requested that this may be revised to a minimum of Rs.5000/- for TA decorations and Rs.3000/- for TA medals. Some State Governments have already made the revision.
3 Government of India had also recommended that the facilities listed below may be considered for Territorial Army personnel. These incentives were listed by a committee which was set up to go into the Territorial Army and are already being given by most State Governments :-
(a ) Grant of 01 increment for every 03 years Territorial Army service, as is being given by the Government of Uttar Pradesh.
(b) Counting of Territorial Army embodied service for purposes of seniority, promotion and other considerations to those entering civil services.
(c) Exemption of Road tax on vehicles owned by Territorial Army personnel as is being given by west Bengal Government. Yours faithfully,
Sd/xxxx-
(S.K. JAIN) Joint Secretary (G).
there are several army orders\army instructions \DOPAT circular ON IT BUT
NO ONE RESPECT THEM
THE ABOVE LETTER CONTINUES TO BE RESPECTED BY ALL MINISTRY YET
can \should SAIL grant me the increments within ambit & scope of above GOI letter
or
deny by quoting it is first such case
no precedence etc
Senthilkumar
21 July 2014 at 08:38
Dear Sir, In June 2013 i purchased a property at chennai and sale deed was executed under my name. Everything(My name, Address, property details) are perfectly mentioned in Sale deed. Recently i tried to check the Encumbrance Certificate for the property. In Encumbrance certificate it shows a different name against my property for the same sale deed number and date. My name is bit complicated in my mother tounge(Tamil).Sale deed was executed in English, but the Encumbrance certificate is in Tamil. So i believe this error happened due to translation from English to Tamil. Could you please guide me how this can be corrected?. Any legal issues are here?. I am bit worried about the way how TN Govt officers handle the people. So i want to handle this issue through Register post. Request your inputs and suggestions please....
Thank you!!!
Annu
21 July 2014 at 07:54
sir i have got a FIR registered u/s 447,454,380 IPC.during investigation i have given my documents to police to prove that the property belongs to me.the accused has no documents of that property to prove that it belongs to him.but he has trespassed and is in his possession rite now.
1.What police can do now?i mean arrest/eviction etc.kindly suggest the best course.
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Hsa 2005 ammendment
my grand father had 260 acre ancestral land in Bhopal (mp)
he died and land comes to my father my father died in 1962 .my mother died in 2010
i was born in 1960 .I have one sister born 1960.she asked for partition and filed a case in 2009 .
she demanded 50% share in 260 acre land on basis of 2005 act
there was no partition between us before this
my name was on record since 1971 with my mother .my sister name came on record in 2009.
so I filed a case in nov 2009
Is she eligible of 50% share?
her advocate says
the case is filed after act 2005 and as there was no partition before it so today's provision will be effective .
are there any cases solved on basis of 2005 act in which daughter got equal share
please tell me where i could find those case decisions .I lives in MP and land is in MP .There is no will of land from father parents
what would be my sister share in land and how?plz suggest