Bhagirath Biyani
05 March 2013 at 13:43
We are 5 brothers. Our father was one among the 4 brothers, two brothers had separated in 1942 and 1953. Ancestral Haveli was being shared between our father and his elder brother. Our father passed away in 1957. In 1963 his half share of Haveli was vacated by us to move to new Haveli premises. This new property in Rajasthan, consists of a plot of 1000 sq mtrs, half of which has Haveli building.
2 of our eldest brothers expired 7 years ago without leaving a will. They are survived by 9 and 3 inheritors (consisting of wife, daughters and sons).
Over 3 years ago two brothers’ families had consented with us 3 brothers verbally to put the property for sale. Legal Document was drafted as agreement for all 15 to sign (us 3 brothers and 9 plus 3 inheritors of two brothers). We brothers waited for signatures or response from both the elder brother’s families. A year later, two separate agreements were drafted for 9 heirs and 3 heirs for respective compliance. Later it was realized that even the separate draft documents for 9 heirs and 3 heirs were not shared among respective mother, brothers with the sisters. All have been kept in loop, reminded for sharing, signatures and on efforts for the property sale.
Following an advice last year that being ancestral property, our fathers’ HUF is its’ owner. All relevant details about HUF were shared between we 3 brothers and male members or two elder brothers that only correct approach is to sale it as property owned by our fathers HUF. Few months ago consent letter to sale the property was also signed by us 3 brothers and only male member of one of the brother’s family in favour of eldest of 3 brothers. Application was made for PAN in name of father’s HUF. Bank has been agreeable to account opening by Karta but insisting that consent letter to this effect should have signature of all co-parceners, including some inheritors of eldest brother’s family.
The queries are:
a. Wife of the eldest brother has condition to sign only when she be given sole powers to distribute their part of the proceeds among 3 sons and 5 daughters but two sons are not consenting. What is the way out?
b. One of the brother’s only daughter, having his Power Of Attorney, three weeks ago sold his 1/5th share of property to our cousins having adjoining property, without consulting any of the rest 14). Both parties are saying that 1/5th of property sale has been registered. This is yet to be confirmed. Is all that legal? Can that be legally nullified, stayed or challenged?
c. Will the property be considered legally under HUF - though no legal status to HUF nor it’s partition - also by the buyers, who are approaching, well aware of our family and the property, including above noted sale of 1/5th? Can Karta go ahead to negotiate with buyers for all or the remaining 4/5th, keeping all informed. Will such deal be acceptable for registration and by Income Tax?
Member (Account Deleted)
04 March 2013 at 12:21
What is the time limit for filing an appeal against Dismissal from services.What is the procedure involved for doing so
rajendrathakor
04 March 2013 at 02:13
Dear sirs,
I had made an agreement to sale (BANA CHITTHI) on Rs.100/-stamp paper (UNREGISTERED) to purchase an agriculture land as on 10/03/2011.The value of land is approx. 5 crores which is shown in the agreement.There are 6 names in the 7/12, three has signed the agreement. I had made payment of Rs.500000/-(five lakhs) in cash which was shown in the agreement .and Rs 1000000/- (Ten lakhs) cash as on 21/04/2011 on simple voucher signed by one of the three sellers. I want to clarify that voucher does not say about the payment is against the purchase of land. The clauses in the agreement are general except one which says as follows:
" from the date of agreement to sell, the seller of land shall give title clear certificate within one month and the seller will execute sale deed after receipt of the remaining consideration within 5 (five) months from the date of Title clearance certificate. Moreover in above term the agreement to sell would be automatically cancelled after passing due date and the purchaser shall not file litigation for specific performance about the said land in any court."
I was unable to pay the remaining consideration and no capacity to pay this huge amount. This agreement was done to resell the land but couldn’t find the purchaser. Now I have received the notice as on 8/02/013 from the seller’s advocate stating that we have forfeited money & our client has given you title clearance certificate as on 3/04/2011(even though they hadn’t gave me) and your agreement was stands cancelled as on so and so date , you had/have /will have no right in our land .After a week I had given a notice by advocate stating that you were unable to give me title clear certificate due to family crashes and I am ready even today to make payment and purchase the land at previous rate. After receiving my notice,they had given me another notice containing copy of title clear certificate. I want to clarify sir that as per condition they had taken title clear certificate without any fault.
Please advise me sir what are the remedies available to me? Can I file litigation?
Mr.LOGANATHAN.R
21 February 2013 at 18:05
Dear sirs,
I am the absolute owner of my ancestral property of agricultural Land with patta on my name.I had signed a unregd sale agreement on 31.07.2008 with Rs two lakhs by bank cheque as advance (only 6% of agreement value) with mentoining that he should register it within 9 months (exact last date not mentioned) by paying balance amount.If fails the agreement will void.Not mentioned about the forfeiture of advance amount.
Infact in the agreement my sons aged 25 and 23 names also typed as 2nd & 3rd sellers.But I had only signed in the agreement and received the above 2 lakhs cheque.Buyer orally accept that my sons would sufficient to sign during registration,since my elder son was at USA on job & younger son at college.After I got general power of attorney from my elder son and registered it with District registar on 06.10.2008.I furnished copy of it to the buyer on person (failed to get acknowledgement) and asked to register the land at the earliest.
He purposely not turned up within the agreement period,may be he has not get expected appreciation.I first send a notice on 25.07.2011 through a lawyer stating that the sale agreement cancelled as per the clause contained in the sale agreement and the advance amount also forfeited.He received it on 26.07.2011.But on his lawyer notice (dt 01.08.2011) received on 04.08.2011,he simply asked to come for registration on 04.08.2011.I obstrained.Reason,1)I had already cancelled the agreement thro'lawyer notice. 2)He was not came for within 9 months of agreement.
He filled suit against my share for specific performance On 30.04.2012.
KINDLY GUIDE ME(if possible with section no.)
1) Which date, his 3 years legal claim expires?Is it geneune?.He has not made any payment other than advance.
2)Whether my stand on forefeiture is correct?
3) Buyer not approached orally or writing within the 9 months of agreement, but he filed the suit,stating that I had delayed inspite of his oral request!how I face it.
Vikas
21 February 2013 at 17:14
Dear Sir,
Can we appeal against penalty if we failed to give the prior intimation to Deputy Commissioner of Central Excise under notification No.15/2010 CE dated 27.02.2010 of Exempted Goods clearance.
salamat
14 February 2013 at 18:57
hi to all,
i wanted to know which DCR rules with amendments are applicable to chawl on private land not declared as slum and also which considering area for rehab the ground structure and ground + 1 structure is also considered( For eg: an chawl room of 200 sq ft is thr and a + 1 structure of 200 sq ft is thr) so for rehab 400 sqft will be considered or what.
please guide.
thanks and regards
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Karnatka vat act order u sec 39(1) & 39(2)
we have maintained books of Sales and Purchase n every such entry as required, and my client have never escaped any sale nor Purchase,CTO visited and Inspected Stock and recorded the Physical stocks and asked us to file an Trading Account, the Closing stocks on the date of inspection arrived to Rs 3,25,000/- and whereas the Physical Stock arrived to Rs 4,75,000/-, Being My client registered U Sec 15 of KVAT Act As Composition dealer, the Inspecting officer insisted us to pay Rs2000/ Penalty and Rs.1500 at 1% for Stock found in Excess. Later my Client was issued notice from Juridical CTO for Verification of Accounts and other Records to his satisfactory weather they are maintained as per Sec 31 of the Act. after verification the CTO found the books accounts in order Made
Reassessment and stated the Inspecting officer has levied Tax deeming the Stock excess found as per Trading Account filed as on dt of inspection was a SALE, and by my clients payment of penalty and tax on the excess turnover, Officer insists the dealer have confirmed his guilt by paying penalty and tax of Rs 1500, whereas the dealer should be imposed tax on the excess stock found as An URD purchase and should levy tax At Rate of 14.50%. How to appeal ? what is the substantial Question of Law,