hetalsangoi
07 September 2017 at 16:35
in the f.y.2016-2017 project is completed . % method is followed in Books of accounts. A Buyer has given the full consideration in F.Y.16-17 Rs 30lakhs on the base of the letter of the allotment (Letter is issued in F.Y.16-17) Where there is the clause was that letter of allotment is subject to The Promoter has agreed to allot the said Premises admeasuring [●] square feet carpet area to the Allottee, at or for the price of ` [●]/- (Rupees [●] Only) (“Sale Consideration”), and subject to the terms, conditions and covenants contained in the proforma of the Agreement for Sale submitted to the Authority . Possession has not taken till Mar 2017.
There is no execution of agreement of sale and sale deed between builder and buyer. There may be a laps from the both the sides. all the service tax and vat is paid during the F.Y.2016-2017 on this deal. Project is completed in F.Y 16-17 And in the F.Y.17-18 , deal is cancelled and full amount is reimbursed . Now question is arise , to recognize the revenue under AS-9 % method , i have following queries:
1. at least 25% salable area is secured by contract or legally enforceable with buyers : can on this basis,only letter of allotment , can it considered as secured contract .
2. can letter of allotment enforceable if the situation is that builder is not willing to enter into contract then , buyer will sue the builders on the basis of letter of allotment, then can we say under situation of 1 that now letter of allotment is enforceable under law.
3. what are the recourse viable to recognize the revenue in f.y.16-17 and 17-18 ?
pl guide on this regards.
Thanks you
ANILKUMAR
07 September 2017 at 15:46
we are 70 familys people purchased & residing with houses since 70 years ,we dont have a registration for my house lands at the time of past 70 years ago we dont have registration system,thats why we dont have a registration? actually pattadar died nearly 60 ago he dont have children and family.
now a days some body created a fake successor letter who is pattadar brother son he applied for virsat he got pattadar passbook and Title deed from revenue depatment,now he is come to court (joint colletor)he is having rights to sell all these lands,he is fighting for
since 70 years and above we are purchased and enjoying these lands we are having house tax bill,tap bills,electricity bill,some of persons having rhytu passbook issued by thasildar .
in revunue record we dont have a name in pattadar colum(who is died 60 years ago pattadar his name is continuing) we a having a colum enjoyment colum since 50 years above
this is gone for judgment to RDO court RDO is enquired all the details about lands is house site area, he cancelled which is given virasat pattadar passbook and title deed
he orderd issued seize pattadar passbook and Title deed from fake successor.
now the fake successor (pettissioner) went for Joint colletor for Judgment
who will have rights for lands(houses residing area of seventy families)?
we (Respondents) Seventy families having following documents
1.pahani copies since 1950-to -2017 ( we are in enjoyment colum)
2.some of having rhytu passbooks issued by thasildar
3.electricity issued copy since 30 years ,bills
4.house tax bills since 20-30 years
5.we are in present position in land (having houses and enjoying)
6.we are having proof for fake sucessor letter ( who is the proof of signed on fake sucessor letter is signature is wrong and at the time he is having only 14 years as per aadhar card ex:created letter at the time of 1953 who is singed as guaranteer is born on 1939 )
pettisioner having proofs:
1.some of our 2 familys are registered with pettisioner at the time he doest have a name in pattadar
2.he is having a proof after getting a passbook one member is registered with petitioner
3.iam is the respondent (iam not having name in colum enjoyment, my father is alive he is having a name in enjoyment colum in revenue records)
doubts
1can i eligile for petision for this issue?iam not having name in enjoyment colum my fathes is having name in enjoyment colum
2.iam is the petisior is going on this issue
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sachin warat
07 September 2017 at 15:12
Dear Sir,
I have applied for Pradhan Mantri Awas Yojna while taking the loan from bank 1 year back. Recently I have approched to the bank regarding subsidy but bankers says that Name of the female is not in your Sale Deed, Correct the Deed and then submit it to bank and submit fresh application.
Further, I have corrected my name through official gazzette and updated my KYC Documents.
Original Registry copy is with Bank
Can I correct my sale deed by using corrected name and addition of Female name in my Sale deed ? What will be approximate charges for the same ? Is any one have Draft Sale Deed copy which is fulfil the conditions given under Pradhan Mantri Awas Yojna ?. Please provide the same.
Thanking you,
Regards,
Sachin
meenakshi nagori
07 September 2017 at 14:58
As per section 17 of Registration Act, 1908, certain documents are compulsorily registrable read with section 23" time limit for registering documents is given which read as:
"23. Time for presenting documents:
Subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution:
PROVIDED that a copy of a decree or order may be presented within four months from the date on which the decree or order was made or, where it is appealable, within four months from the day on which it becomes final."
That means any document which is required to be registered can be presented for registration within 4 months from the date of it's execution. Which makes it clear that there can be two different events i.e. first execution and second registration. How a document can be executed is by signing of the document and witnessing. Notary is also a witness. My question is:
1) if at the time of it's execution, the document is notarized and then within 4 months it is presented for registration it is equally valid,
2) why experts on lawyersclubindia.com says that a document compulsorily regisrable can't be notarized?
Regards/-
Advocate & Notary Meenakshi Nagori
padma
07 September 2017 at 14:04
sir i invest in underconstrution property and paid all consideration - now i not want to area where i investment made in that area my mother having the peoperty hence she sold old property and paid money wholly as i am invested and due to first transfer free builder transfered property to mother and mother legally registred property. what ever
money i invested mother given by cheque or nift so any thing i can do to protect something now
sachin
07 September 2017 at 13:49
My friend living in Thane in chawal more Thane 40 years but he not paid any rent our tax some one pay tax but they also not a property holder (relative op h)
What to my friend authority that house
Jagannath Prasad
07 September 2017 at 12:47
Sir,
I would like bring your kind notice here that, both me and my wife are serving as permanent employee of MHA (GoI), however since last 01 year and 03 months she has been transferred to Bhubaneswar, odisha whereas I am serving in Mumbai. She is now staying with my infant daughter and old aged parents in the said place. Although I have been requesting several times for my transfer to Bhubaneswar since last 1 year on spouse's posting ground referring DOP&T F No. 28034/9/2009-Estt(A) Dtd. Sept. 30, 2009 and being an SC candidate referring DOP&T O.M No. 36026/3/85-Estt (SCT) Dtd. June 24, 1985 which clearly advised senior formation to desist from posting sc/St employees to far flung areas or at insignificant position, yet after waiting such a long time I have received a reply on Sept. 06, 2017 that the transfer committee could not accede to the request and nothing has been explained regarding the disapproval. I joined Mumbai on Sept. 28 , 2014 and about to complete 03 years of service in Mumbai, however most of my juniors who are one rank below to me and joined Mumbai much later than me have got their choice transfer,even one my junior got her transfer to Jaipur,Rajasthan on account of spouse's (IPS officer) posting. Presently most of the married couples of my batch and other batches of my Dept. are posted at one station, hence this kind of apathy by senior formations towards my case has compelled me to feel being discriminated and my problems are being deliberately ignored.
Hence I shall be grateful for your kind suggestions in this regard.
With Regards,
Jagannath Prasad
BHARTI KOTHARI
07 September 2017 at 12:41
IF THE CHEQUE IS ISSUED BY PROPRIETARY FIRM IS DISHONORED IS IT SUFFICIENT IF NOTICE FOR DISHONOR IS GIVEN TO PROPRIETOR OR WE ALSO HAVE TO GIVE NOTICE TO FIRM. i BELIEVE THE PROPERITORSHIP FIRM IS NOT JURISTIC PERSON AS IN COMPANY. THANK YOU IN ANTICIPATION.
Anonymous
07 September 2017 at 12:39
Can i claim for share in my deceased maternal grand father's property as my mother was expired few months ago. the scenario is that grand father include grand mother and maternal uncle's name in his property and did not created any will in his existence. so what is the possibilities and does i have a right as legal heir to get share in his property?
Your suggestion would really appreciated. Thanks!!
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