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Anonymous   14 August 2018 at 17:36

Registration of court decree for division of family property

I and my brother inherited a couple of immoveable properties from our father. The same were transferred jointly in our names by the Development authority, on the demise of our parents, by executing a freehold Registry in our joint names, stamp duty based on the original cost of allotment to our father.
Subsequently, I and my brother had a dispute and the matter was resolved through a court decree dividing the family property, in which each of both the immoveable properties were assigned exclusively to each brother. When I approached the Development authority in Ghaziabad to mutate the property in my name exclusively by deleting the share of my brother, based on the terms of the court decree, they have asked for the court decree to be registered.
My question is 1) Aren't Court decrees sufficient proof of title to property? 2) In case the Court decree is essential, what will be the basis of valuation of the Decree for purpose of stamp duty? Present circle rates or original purchase value of our father?Please note that the property is original allotment and there is no sale/purchase involved.

Anonymous   14 August 2018 at 17:14

One of my friend purchased dd before 20 months want refund

Hello Sir,
I know before my query questions are like that but its some different so please give a time.
Sir one of my friend purchased the DD of Rs. 110000/- for an investment Pvt. Ltd. Company but DD was lost by him and next day
company had gone shut down and owners went to Police custody in fraud mental case. when we contacted to bank, they said that it will be required an Original DD or should be wait to expire DD but we have a Photocopy instead original as we have lost. After 6 months then we contacted to bank, they said that it will be required Original but now after 20 Months, is not possible to refund the money, please suggest that what I can for my money.

Thanks and Regards,

Anonymous   14 August 2018 at 16:45

Bank enforcing to vacate the house

My friend has taken a Home Loan (India Bulls, Chandigarh) from a Bank and since last 8 months he got into an extra marital affair and run away from his house leaving his wife and 1 year daughter. He is not paying EMIs since last 5 months.

His wife has filled some case for paying the expenses for them to live but the man is playing smart and not appearing in the court.

The poor girl is being threatened by the bank to vacate the house but they have not sent her any notice till date. Her name is also on the loan documents. The man is asking bank that he will pay only when they will remove the girl from the house.

Today again bank called the girl and said that are going to auction the house in next week and claiming that they sent a notice to her via speed post which she never received.

The bank also claims that they filled a case against the cancelled checks these 2 have given in Gurgaon court and the boy paid against his checks in the court.

We are not sure what is happening. The girls parents are ready to clear the loan if the property is transferred to the girl's name but the bank guy is not accepting that as well.

What can the girl do in this situation?

b B Raju   14 August 2018 at 16:43

Police protection

A civil suit was filed against the defendent for trespassing and the same was decreed. To execute the decree a EP was filed praying to arrest the judgement debtor and send to civil prison for not complying the court orders. The EP was not moving further and getting delayed due to one reason or other. Now without pressing the EP can any IA be filed in the decreed suit for police protection for constructing a wall to stop judgement debtor from trespassing
.

b B Raju   14 August 2018 at 15:55

Police protection

A civil suit was filed against the defendent for trespassing and the same was decreed. To execute the decree a EP was filed praying to arrest the judgement debtor and send to civil prison for not complying the court orders. The EP was not moving further and getting delayed due to one reason or other. Now without pressing the EP can any IA be filed in the decreed suit for police protection for constructing a wall to stop judgement debtor from trespassing
.

Anonymous   14 August 2018 at 15:21

Agreement to sell and purchase

My Husband purchase a DDA Flats in 1997 vide GPA/WILL/SPA Registered and Agreement to Sell is not Register. (My Father and Seller Expire)
Now My query: By error the consideration amount not mention or blank in ATS but written about "full and final settlement and the details of payment has been mention in separate Legal Receipt".
Did this Agreement to Sell is Valid or not ?

Mayur Kaku   14 August 2018 at 15:15

Shop premises on pagdi basis

I have a shop premises which was inherited by me through my chachi after her death. The shop is on pagdi system since my chacha first purchased it many years back. He used to receive regular rent receipts in his name but after his death in 2007 the shop was transferred in my chachi name by the Landlord and he incorporated her name in rent receipt. Before her death in 2011, she requested the landlord to add my name in the rent receipt as she did not have any kids but the landlord discouraged her to do so and refused to add my name. Now I am holding the possession of the shop premises and I also have all the old files and papers of the shop and it has come to my knowledge by the neighboring shops that the landlord has changed but they don't know whom to pay the rent to as it seems that a group of people have purchased the land from the earlier landlord but are not disclosing as to whom to pay the rent. The reason for this is the road widening proposal which is going to be done in sometime now. I would like to know how can i transfer my chachi name in my name and whom should i approach to strengthen my holding of the shop premises ?

Anonymous   14 August 2018 at 11:18

Rectification deed for b katha

Hi All,

I am planning to buy a B-Katha property in Bangalore, we noticed that property schedule's are mismatching from old sale deed with new sale deed, from then the property has been sold to 4 times.

1st Sale Deed Content (Original Owner): "measuring east to west 40feet and north to south 30feet and the road is east and south"
2n dSale Deed Content : "measuring east to west 30 and north to south 40 feet and the road is North Side"
3rd Sale Deed Content : "measuring east to west 30 and north to south 40 feet and the road is North Side"
4th Sale Deed Content : "measuring east to west 30 and north to south 40 feet and the road is North Side"

Questions:

1. Should We ask first owner (He got the property from his father) to provide the rectification deed? or the person with whom im buying has to give?

2. Is it mandatory to register the rectification deed? if no what is the consequences?

3. What if we dont find the first owner or he is not willing?

4. Can i buy the property without this document?

Kindly suggest

Regards,
Balu

Anonymous   13 August 2018 at 18:37

498a section 3&4 dpa

Me and my siblings booked under false private complaint of 307,498a and 3&4 of DPA by my exwife. she took ex-parte divorce on same complaint. My siblings got quash in highcourt. In most of the false allegations made in the complaint me and my siblings are jointly involved. now i am pursuing for quash in Highcourt. i am arguing on my own as party-in- person as i have no money and job.The Investigation officer filed chargesheet just appending 161 statements repeating same allegations of the complaint word to word. Further IO not mentioned about crime, just esacaped by appending 161 statements and saying there is prima facie. The another thing is charge sheet is filed after more than a year after complaint. Though first Investigation officer completed investigation of 10 witnesses long back he has not filed charge sheet. later he got transfer and second IO filed charge sheet without mentioning his comments but just saying prima facie hence charge. So the elited advocates please guide to to argue this case-
(1) most of the 161statments are hearsay
(2) Even witnesses condemned that we made attempt to murder(s307)
(3) No scene of offence happened, but to implicate me and my siblings she filed false private case in another town other than her native place with political influence and bribing police
So please guide me to argue to get quash in High court

Anonymous   13 August 2018 at 17:12

As a tenants claim for money used for redevelopment

Hi,

I am tenant leaving from last 32 years in mumbai. Now our owner force us to vacate the room else asking for rent by 4x of current rent amount because of current redevelopment project.We regularly provide rent on time.He doesn't provide us rent receipt from last 8 years even if we asked him for rent receipt.We have made agreement only at the start.(In 1982)

In 2002, Our chawl fall down ( i was leaving on first floor) because of heavy rain, after we tenant redevelop our chawl by giving my contribution as Rs.65000 (In 2002) to the developer.

Now he daily misbehave with us to vacate the room.

Can i claim for property value because we redevlop chawl from our own contribution?