Adv. khojraj Dhanraj Nerkar
22 January 2013 at 11:59
a Sale Deed registration of which is refused by the Sub-Registrar u/sec.34 of Registration Act, i.e. not admitted the execution of the document within the limitation prescribed. the refusal is for the part of Purchasers admission and Vendors admission was accepted.
Purchaser then executed a Confirmation Deed unilaterally and annexed the said original Sale Deed which is refused to be registered and got the said confirmation deed Registered,
Whether Purchaser get clear and marketable title in this case?
What is the remedy for refusal by Sub Registrar u/sec.34?
whether the said Confirmation Deed to be Treated as a document of Title?
and if any case law regarding this?
raghavendra
30 December 2012 at 18:22
Present senarios of property:
The residential house property was earned by my grandfather tuljaram and the family details of grandfather and his sons and daughters explained in the word file attached herewith for ur reference and my grandfather died long back and at the time of his death my father was 2 years old and my elder brother was major and the property was mutated in his name in Gram Panchayat and till to this date it is in his name only. all the sons and daughters of my grandfather including my father died (who died in aug 2011). now the property is partially in the possession of my elder sister in law(daughter of my father's elder brother (in whose name property was mutated at GP) who was married to son of my father's elder sister and partially in my custody and partially in the possession of brother of my elder sister's husband (daughter of elder brother of my father).
all the taxes, formalities were actually made by my father during his lifetime.
present scenerio of relatives:
actually as per oral agreements and arrangements between my father and brother the whole property was left to my father.
my father allowed to live daughter of his elder brother to stay in the propety by give some part of it on courtesy base when her father died. now it is possessed by her brother in law (brother of her husband)
at the time of death of my father all our elder relatives myself and husband of sister (daughter of brother of my father) discussed about the settlement of property and came to conclude that they will get 60% share and i have to receive 40% share for which i agreed but no document or agreement was made by us. and also decided to sell off the property the get their respective shares in the sales consideration. after august 2011 we have been insisting them to sell off the property and give my share in the consideration.
but till to this date no process was made by him as i stay at bangalore (karnataka state) which is hard me to do being salaried person working with software company, he being residing at the place of property.
now he is behaving rudely and rashly with all the relatives who ask for the same as agreed and go on postponing the same and now they have let out the part of the property which is roadside on rent which fetches around 2 lakhs per annuam which they want to go on enjoying without giving any share to me and without sticking to our oral agreement.
now my question is:
1 whether i have any legal rights in the property which is actually owned by my grandfather and how to claim the property.
2 how to claim the share in the rent of the property which is let out if possible.
3 whether we all the grandsons and granddaughters of my grandfather got right in the property to claim and if i want to claim for whole property or as agreed 40% of the property, whether i have to make party to all while claiming the property.
4 and what step i have to take if my sisters want to relinquish their share in the property whether i can claim their share
5 and whether property divided among all the sons and daughters of my grandfather (who all died) or only between the two sons of grandfather.
rajesh
30 December 2012 at 09:42
our trust asked for a inquiry under section 37 because of complaint filed by a person.our account is o.k. but document is not prepared.in four years we have collected only 15 thousand and expenses is 10000.actually we register the trust but still not operated.now we just issue a letter to a builder who is trying to cheat tenets.this builder complaint against us and asked inquiry . we just draft a letter to warn builder as well as tenants.now builder is trying to de ragister the trust.is it ok for us or punishable.pl. advise.we registered under BPT act 1950
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Maharashtra land revenue code
respected, thanks to all experts for replying my all previous queries. now, i am representing a case under maharashtra land revenue code. facts are, a tahasildar visits the site of land excavation and issue notice of fine and royalty of rs.30,00,000/- for illegal excavation of 1500 bras soil and also tahsildar seized the dumper , jcb , pokeland machine of my client which were used for excavation work. the tahaslidar take this action under s.48 of land revenue code.the machine owners give those machines on rent to a person who has undertaken the work of excavation. now the position is that, tahsildar has issued notice of show cause as why criminal proceedings should not be started against a person who has undertaken excavation work. till now, machines are in possession of tahsildar. now, my client want back the possession of those machines as they are not concerned with payment of royalty or fine, as they given those machines only for rent. my query is under which Act i should proceed for taking back possession of those machines? whether we can apply under s.451 of CR.P.C.for order of custody of property pending trial? thanking you!