Anonymous
21 December 2020 at 09:20
Hi,
Myself and my wife (both residence status NRI) jointly booked a flat in Bangalore in one of the Prestige projects. We got the possession of the flat in Nov-2018. We could not register it because of we could not travel to India.
Now we want to sell this flat. Because this flat is not yet registered in our name, transfer of flat will happen from us to buyer within Prestige only, then buyer can go for registry directly with Prestige.
To start the process agent said we need "assignment agreement" to be signed between us and buyer.
Since we are not in India, buyer is asking for Power of Attorney who can sign "assignment agreement" document.
My questions are:
1. Can I give Power of Attorney to my friend living in Bangalore to sign "assignment agreement" because my parents are not in Bangalore? Will this be accepted?
2. If friend is not possible and only blood relatives can be given PoA then for me it's fine, I can give PoA to my father but can my wife also give PoA to my father (her father-in-law)? Does father-in-law is considered blood relative for PoA in property matters?
3. Since this is not the registration of the property and it's internal transfer within Prestige, do we really need to give PoA to blood relative? During this Covid time, I don't feel safe for my parent to travel from UP to Bangalore.
4. Can I use any registered property management company (who is currently managing my same flat) to sign "assignment agreement" on behalf of me?
5. Finally if I have to give PoA then for "assignment agreement" do we need to register the PoA in the local sub-registrar office in Bangalore?
Thanks.
Srini
21 December 2020 at 01:03
Please advice me on Purchase of Plot in Panchayat area.
I am living in outskirt of Chennai City. I want to buy a plot and construct building on it for residential purpose.
I got an offer that plot is available in Panchayat Area it is not either approved by CMDA and DTCP. I have planned to buy said Plot since cost of Plot is lower than CMDA/DTCP approved Plot. I asked Real estate guy that any problem would arise in future to buy unapproved Plots he said No.
My question are
1. Is it safe to buy unapproved plot for residential purpose in Tamilnadu?
2) What are legal consequences will have to face in future?
3) Will i get all infrastructure facilities provided by Govt if i buy the Plot in Panchayat area Ex. drainage, Tar Road, water connection and Street Lights?
Anonymous
20 December 2020 at 16:35
Greetings!
We have been frauded by property agent and his companion in Mhada flat, but they couldn't have done this to us without owner's permission. How could a 2nd. person claim himself as an owner of the flat and gone into a notarized agreement with us and given keys and possession to us without owner's involvement. It was our first possession in flat so the Documentation knowledge was not enough, we didn't check any documents. This is our mistake. But the owner of the flat must have known each and every rule to have a Licensee. He gone for an agreement without meeting us and get paid monthly rents from 2nd. Person. The 2nd person misused our aadhar Data by saying that your notarized agreement will be registered online, of which we had no knowledge. They made another agreement of monthly rents between main owner and us which we came to know when fraud happened.
The main owner of the flat remained silent for one year, when the 2nd. person emerged as a fraudster, the actual owner came in Front and started harassing us in different ways to vacate the flat.
Now the main fraudster is in jail to whom we have paid a heavy deposit. Property agent has been declared as Farar. We have possession, and owner tried to vacate us by paying one lakh rupees which we denied because for us he is the same responsible as the fraudster. The owner harrassed us by trespassing (FIR registered) and in different ways.
Now he is supposed to send us legal eviction notice. We want his involvement in crime to be exposed. Your kind advices will be highly appreciated.
Thanks and Best Regards
Anonymous
20 December 2020 at 14:01
During the case hearing with Dy. Registrar instead of physical presence of purchaser of the flat we had submitted the Notarized Affidavit of the purchaser duly signed and registered by the notary. The respondent advocate is refusing to accept the affidavit as evidence on the ground that it is not valid and legal document. According to him it can be easily obtain by any one from any court. We argued that Notarized Affidavit is a legal document and it is accepted even in the High court and supreme court also. please advise
Anonymous
20 December 2020 at 10:27
I want to file an appeal against divorce decree in the high court , however the lawyer is saying that he will appear in the appeal till it is admitted as thereafter the appeal can take 4-5 yrs to decide. I am unable to follow what lawyer means to say ,'that he will appear till admission .Pls can someone clear my doubts
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Mohammed Rizwan Shaikh
19 December 2020 at 19:22
Respected Experts,
My Society procured Unilateral Deemed Conveyance Order-cum-Certificate. The land-lord challenged the same in the High Court. The Hon'ble Court passed the order in favor of the Society and confirmed the order of DDR. Thereafter the Society applied for Stamp-Duty Adjudication of the Flats with the Collector of Stamps. The Stamp-Duty were duly paid by the Society Flat members. Thereafter, the Society submitted documents enclosed with the draft Conveyance Deed with the DDR for the signature/execution of the said Uni. Conveyance Deed. The DDR endorsed his signature on the Uni. Conveyance Deed on 18th February 2020 and directed the Registrar for the Registration of the Uni. Conveyance Deed. Since, March 23, 2020 the lock-down started. As the Conveyance Deed was with the COVID patient, the Society was not able to submit the document on time for the registration. After getting the document from the COVID patient the Society handed the document to a consultant wherein he delayed the submission. The Society took back the Conveyance Deed from the consultant. The Consultant informed that a Deed of Confirmation will have to be executed along-with the new draft of the Conveyance Deed.
Please Note:
The Stamp-Duty has been paid, the Collector Office informed only 100/- stamp duty will have to be paid.
Please advice:
(1) In the Confirmation Deed, do I need to enclose the Original Conveyance Deed along-with the new Draft of Conveyance Deed.
(2) In the Confirmation Deed, do I need to mention entire history along-with the Exhibits or without Exhibits as the exhibits will be attached with the new draft Conveyance Deed.
(3) The Confirmation Deed will have to be executed between DDR and Society, right?
I would certainly appreciate if you respected experts help me with the format and share your advice on this issue.
Regards,
Mohammed Rizwan
Anonymous
19 December 2020 at 18:15
My mother owns a plot near Chennai. Due to her sudden demise, we are planning to transfer the property to my name as I'm the only child to my parents. She has left no WILL. We have got a legal heir certificate with the names of my father and me. I would like to know what is the procedure to transfer the property to my name along with an option for my father to inherit the property in case of my death. Will this procedure require any amount? Where this procedure has to be done as the plot comes under Avadi province?
thankappan vijayamma sunil
19 December 2020 at 14:20
Sir recently regarding ONGC 577 termbase case the Honourable Supreme Court vide its order dated 13th February 2020 gave its order that we are of the view that the Corporation must treat the concerned works which include 111 out of these 577 employees who have been regularized earlier to be in regular employment on and from the date on which the industrial dispute was referred i.e. 21.12.2004 and accordingly grant all actual benefits from the Said date till 01.04.2013. The other directions that have been given by the learned Single Judge will remain intact. It allows the appeal in the aforesaid terms.
Sir currently my case related to ONGC 577 termbase employees case is lying pending at Labour Court CGIT Ahmedabad Gujarat
My query is can I file a contempt of court against ONGC when my case related to 577 is pending at labour court (at the last stage of argument and decision) since again ONGC denied to pass on the benefit to me. Kindly suggest and guide
Regards,
Sunil Baroda
thankappan vijayamma sunil
19 December 2020 at 14:18
Sir recently regarding ONGC 577 termbase case the Honourable Supreme Court vide its order dated 13th February 2020 gave its order that we are of the view that the Corporation must treat the concerned works which include 111 out of these 577 employees who have been regularized earlier to be in regular employment on and from the date on which the industrial dispute was referred i.e. 21.12.2004 and accordingly grant all actual benefits from the
Said date till 01.04.2013. The other directions that have been given by the learned Single Judge will remain intact. It allows the appeal in the aforesaid terms.
Sir currently my case related to ONGC 577 termbase employees case is lying pending at Labour Court CGIT Ahmedabad Gujarat
My query is can I file a contempt of court against ONGC when my case related to 577 is pending at labour court (at the last stage of argument and decision) since again ONGC denied to pass on the benefit to me. Kindly suggest and guide
Regards,
Sunil Baroda
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Tpa denying cnvm retina treatment claim.
Hi,
I am working with TATA Consultancy Services Limited, and we have corporate mediclaim policy.
Yesterday my Eye Dr. advised me to undergo CNVM retina treatment, where he will give me Anti-VEGF injections inside my eyes as I am suffering from bleeding problem on my Retina.
As per the doctor this needs to be treated urgently without any delay and doesn't requires hospitalization, otherwise it can lead to complete blindness. I just have to visit him and he will give injection into my eyes and will let me off, the whole procedure would be of 10 mins.
He informed me that this treatment is covered under Mediclaim policies and as per him this is approved by IRDA too.
I raised this query to our company's TPA "Medi Assist Insurance TPA Pvt. Ltd." and they are denying to pay for this stating that it is not covered in policy.
I need help on this. Can you please advise is this covered as per the law or not.
If they don't agree to pay, what rights do I have to claim for the same and to which authority should I plea.