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kalpana   15 May 2014 at 15:36

property

a builder and owner executed an agrremeNT of sale in favour of purchaser in the year 1999 which is an unregistered document the purchaser is in possession of the flat since then inspite Of several attempts the builder did not execute the sale deed now builder is absconding my query is can the purchaser file a suit for specific performance or should he file a suit for declaration though nobody is questioning his title or is there any other way to peerfect his title

Advocate Ravinder   15 May 2014 at 15:04

Partition of joint family properties

There are three brothers x,y and z. All the three of them married, living together as hindu joint family. The elder brother is main earning person. The other two younger brothers are also earning but very meager amounts. With the help of their joint earnings, they have purchased a house constructed on 300 sq yds in the year 2009 in the name of elder brother (the property which now they are living). Almost at the same time in the year 2010 the elder brother with an intention to have a property for his personal had purchased a plot of 500 sq yds in his name. He had this thought, since he is main earning member of the family. This property is very far away from the earlier plot. But the family is still a joint family. There are some disputes arose and now the family wants to partition the property. The other two brother are now claiming that the second plot of 500 sq yds also should be partitioned. The elder brother contention is that it is his own property constructed with his own funds for his exclusive purpose. However, he has no objection for the house of 300 sq yds.

Q1. My question is that whether the other two brother can claim the property of 500 sq yds to partition.

Q2. How the elder brother had to prove that it is his exclusive property purchased from his own funds.

Q3. In the above circumstances, if the elder brother wants to purchase a property for his exclusive enjoyment, what steps he would have taken at the time of purchase of 500 sq yds plot.

Rajkamal Chawla   15 May 2014 at 14:52

Registration of residential property in the name of legal heir

My father had a settlement with two of his brother's for the house in Delhi belonging to my grandfather. Share of both the brothers was paid out and they relinquished their right in favor of my father.
But before my father got the registration in his name he expired, now this house need to be registered in my mother's name.

Please clarify
1. What is the procedure?
2. What all documents shall be required.
3. What is limitation period within which (a) registration in my father should have got done in his name, (b) registration is to be done in my mother's name.
4. What shall be the stamp duty applicable in this case.

vikrant   15 May 2014 at 14:23

field ( khet) case

my mother have 2 sisters and her father and mother had died.my grandfather were 3 brothers.. 1st one was unmarried,2nd one was my mothers father and 3rd one have 3 sons and 2 daughters ...All three brothers had 30 bigha khet( field)which after the death of my mother father the 3rd brothers sons acquired all 30 bigha fields and my nani use to leave in their house..last year after the death of my nani my all three mama ( sons of 3rd brother) do not wish to talk to us ..they have acquired all fields and houses..my nana and nani had died so how can my mothers and her sisters can get their property back??? is it possible after the death of my nana and nani?? please help

Tauras   15 May 2014 at 14:20

Co-op hsg society - major repairs

Society started major repair like Re-plastering of external wall, Painting etc and they started raising additional fund which is being included in the regular maintenance bill without communicating to the member. is it right practise? Hence some member Paid full maintenance bill i.e. Maintenance + additional repair fund which is being included in the bill. But some of the member denied and paid maintenance amount only i.e. excluding repair fund. Now, after 6 months society has started charging Interest @ 21% P.a. How can society charge interest on additional repair fund since its not communicated to the member. Society work is still in progress.What is the procedure which society should require to follow before carrying out any major repair work in the bldg.Please advice on the same urgently.

trevor pereira   15 May 2014 at 12:59

Cooperative society

are members of the managing committee allowed to vote on a resolution being passed at the general body of a housing society. Please quote section

PRANAB   15 May 2014 at 12:39

C form issue

Sir,

WE TRANSACTING WITH A COMPANY AGAIN & AGAIN AT LEAST 400 NOS. OF INVOICE MADE THAT COMPANY TO US IN A FINANCIAL YEAR.

I ISSUED C FORM TO SAID COMPANY QUARTERLY. BUT BY MISTAKE IN THE OCT-DEC QUARTER C FORM I ENTERED A JANUARY MONTH INVOICE (which is from Jan- march quarter)AND JAN- MARCH QUARTER C FORM ALSO ISSUED EXCLUDING THAT INVOICE WHICH I ENCLOSED IN OCT-DEC C FORM NOW PARTY ASKING FOR RECTIFY BUT ALREADY CROSS A YEAR WHAT SHOULD I DO SIR,
PLEASE HELP ME.

P.KAKATI

abhay dilip divate   15 May 2014 at 12:01

Valuation of stampduty

Respected Sir,
I have to calculate stamp duty of builtup area. The construction is completed on year 1983. We have completion certificate. After pursuing ready reckoner, the depreciation is 60%.
Please give formula to calculate stamp duty of built up area. The said property is locketed in Kolhapur, Maharashtra.

Thank you.

manish jain   15 May 2014 at 11:18

Leasse agreement with the bank

I have letout a space to the bank and the leasse agrement has been expired. After negotiation bank has agreed for a new rent and surrendering half of the space.

The new rent will be divided.70% will be paid as rent and 30% as maintanence.

Bank has agreed for seperate agreement for rent and maintanence.

My query is should we make two seperate agrement for the rent and the maintanence ?

And can both the seperate agreement will be registered ?

What is the best possible way?

ASIM   15 May 2014 at 10:53

Indemnity by a us citizen-indian law

Sir, my query is whether indemnity by a US Citizen will have any applicability in Indian courts? After demise of my Uncle (Indian Citizen-Died in N.Delhi) in year 2013, his two sons(born in India and US Citizens for the past 20 years ) are his only surviving family members. My Uncle had a SB A/C with a Bank at Delhi. How can they claim this amount from the Bank? In case of legal heirs being Indian citizen, Bank is ready to give to such heirs on an Indemnity by such heirs. However, Bank says that only Succession Certificate by an Indian Court will now decide who gets the money. Is the Bank correct? Whether Indemnity By US Citizen will not be binding on Bank in this case?
Respected Experts, please help and guide me ?