anand
30 December 2013 at 23:47
I shall be thankful, for the guidance on
1. The land owner ( Ancestral property) has given GPA to Mr. X ( NON FAMILY MEMBER ) , and it is s notarised one prior to 1989.
2. Based on the said notarised GPA, Mr. X as a GPA Holder ( Not registered) sold the site to Mr. Y in
2009- 2 Sale deeds
2010 - 2 sale deeds
07-01-2011 - 1 sale deeds.
3. The sale deed got registered at sub registrar office, Bangalore based on the
notarised power of attorney.presented by Mr. "x" being GPA holder on behalf of Seller and land owner.
4. The sale deed signed by GPA holder on behalf of the land owner,
and by Mr. y as purchaser.
4. The purchaser ( Mr.y ) has got khatha on his name from BBMP , Bangalore, paid betterment fees, taxes etc., till date
5. Now Mr. y wants to sell the site.
Guidance sought on:
1. Whether the sale deed registered based on notarised GPA on behalf of the seller in 2009.2010& 2011 is valid under registration act of Karnataka.
2. Is it mandatory for registration of Power of attorney by the seller as the amount of immovable property was more than Rs.100/-
3. Can the site be purchased as Mr. y says that the registration took place prior to Oct 2011 - i.e., prior to SC order on GPA ?
4. Can it be said that Mr. y is the owner of the site now, as he is having a Khatha from the BBMP Bangalore, and paying all the taxes since 2009?
or
cant be construed that the sale deed executed based on notarised POA in 1989 is invalid and Mr. y has no rights on the property?
5.x Has registered the properties without any sons & daughters signatures in family,& also all are majour at the time of registration.
6.How to null & void these registration?
till land owner is living & his age 88.
Thanking
Anand( banglore )
yogesh
30 December 2013 at 23:10
Sir,
I m trail court advocate and fighting case of relative ( WHO IS POOR PERSON) who has received notice for Transfer petition ( Civil) Divorce petition.The notice of hearing clearly states that Respondent could file the affidavit either in person or through Advocate on record ..I drafted his reply and filed his reply ( as party in person) after obtaining letter of Authority..Now the date of hearing has been coming..Since I am not the AOR , Can I appear and argue on the behalf of relative after filing the vakaltnama on record..??Will SCI allow me to argue without having AOR
Please help me. Thanks in advance
Law Student
30 December 2013 at 22:35
Dear All,
I have a very peculiar problem in my Leave and License Agreement which was registered and in Mumbai.
After ~1.9 yrs. I have given a notice to my landlord for vacating the flat. First he tried negotiating with me to stay in the house for another 2 months to complete the term. When I told him that its not possible he said Ok.
Now he states the following -
1) I have not given him a notice for vacating the flat. Whereas the day we spoke I wrote him an email summarizing our discussion and reiterating that I am leaving the flat.
2) His residential address in the Leave and License Agreement is my flat address, hence I cannot give him a hard copy notice. The broker has refused to take the notice delivery.
3) Landlord is pressing to accept the 30 day notice only from the start of the month and not in between. This amounts to roughly an extra 20 day rental for me. (Our Agreement does not state anything as such. Only a 30 day notice is to be given by either party).
4) He wants the rent cheque for the last month. Looking at his conduct, I am averse to giving him the cheque and block further sum with him. I have told him to deduct the money from my deposit as I will not be staying for the would month as I had given notice in between the previous month.
5) Deductions: What all deductions can he make from the deposit. His house is in shambles as it was not maintained. The walls have developed cracks and water leaks through the walls during rains. This was shown and informed to him which he did not bother to repair (was one of the reasons I am leaving the flat). Does drilling a hole for installing acquaguard and small glass shelves amount to damage to property by the tenant?
6) What are my rights in the case he refuses to refund me the deposit and I have vacated the flat, but not handed over the possession to him. Can he break open the door and take the flat (as anyways my stuff will not be there as I would have moved to new apartment). Does the rent still clock during the time we are in dispute.
7) Can I apply for an injunction under sec 6 of Special Relief Act in case he breaks the door (? How much time does the order under sec 6 take and what are the general court fees?
8) Any other remedies I have if he does not return the deposit (but does not break the door). The Deed is registered with Mumbai Registrar.
Thanks a ton in advance. I have posted this query to safeguard my interests in advance.
R Kumar
30 December 2013 at 21:39
I have one shop which is given on rent to our family friends son for doing business by my father.Their is no agreement executed for the shop it's just verbal communication between both family. We also take rent in cash. The light bill was paid by tenant The shop given on rent in the year 2001. When in the year 2009 we want get shop back from them.They said we will vacant in the next year. In the year 2010 we don't take rent for 6 month to make him defaulter for the rent,on the basis of that we think he should vacant the shop. But unfortunately he make a case on inter pleader suit on us. saying we are not legal owner of shop. he had rent agreement with other which is owner of shop. He also claim that we are damaging his business and asking for money illegally from him .
In the court he claim for who is actual owner. The rent he claim in court is INR2500/- pm. But actual rent we are taking INR 8000/-pm.Whom he was calming as legal owner of the shop, is actuality son of seller of property to us. In the year 2013 we got tenant sales tax certificate through RTI. In which he has mention us as actual owner of property.Currently case is ongoing . Now his sister in law and owner( whom he claim in suit the court) executed sales deed of the shop.
Facts and figure of property :
1) We have buy property from father of claim owner( as mention in inter pleader suit by tenant) 17 years ago.
2) Light bill,water bill,and tax property in the name of us.We are paying regularly.
3) In RTI for sales certificate in sales tax department,showing us as owner of property .
4) property in Bihar
Now my questions are as below :
1)How we can get back shop form them.
2)What legal action should be taken against tenant.
3)We can make challenge of sales deed made by his sisters in law and owner (who is real owner as claim by tenant in suit)
4)What legal step need to prevent both parities to occupies said properties.
5)can we claim forge case on his sisters in laws and fake owner?
6)what should be procedure for stop his sister in laws for false claim of property.
Navin Pandya
30 December 2013 at 20:41
Dear Legal Experts,
Namaste.
Are Members of all types of Registered Trade Unions & Associations workmen?
Kindly clarify/explain.
Regards,
Navin Pandya
hrishikesh
30 December 2013 at 20:25
There are 4 directors in a private ltd company.all having equal share holding of 25% one of the part premises of the company were sold and out of the money came
Abu Thalha
30 December 2013 at 19:53
Debt incurred in Singapore in the year 1997. Its a charge card. No acknowledgement of debt afterwards. Now the card issuer wants to recover. Card holder is in India. What would be the limitation?
I am a defendant in Section 16, Maharashtra rent control act,1999 by my landlord.
I am tried out in every way to find correct advocate in particular matter in budget.
I put application to local bar association to give me a list of senior lawyer who had experience in this category.
In court on first date submitted application to regarding to get next date,given valid reason as I don't have advocate.
On next date I asked that I don't have advocate, would you help me out,bar association not given me any of details regarding my requirements.
But court has rejected my demand and mark as "no say"
Now my query is, on that order of court, can go into high court under writ petition ?
for reason : Not given enough time to defendant, to select right choice of or correct advocate to defend case.
I will be thankful for right advice..!
Eligibility of appse and other jobs
sir, I am venkateswarlu, I completed M.A. without intermediate. after ssc I apply for distance degree because financial problems of my family that's way I am doing private job. sir I have A small doubt, can I apply for appsc or other any degree qualified govt jobs? some people are saying without inter you can't eligibly for govt jobs sir please give me your valuable suggestions.